Buyer Protection

Understanding "Lemon Laws" for Cars

What to do when your new car is a never-ending mechanical nightmare.

A "Lemon" is a vehicle that has a significant defect that the manufacturer or dealer cannot fix after a "reasonable number of attempts." While laws vary by state and country, the core principle remains the same: The consumer should not be stuck with a defective product.

1. Does Your Car Qualify as a "Lemon"?

Not every breakdown makes a car a lemon. For a legal claim to be valid, the vehicle usually must meet these three criteria:

• Substantial Defect: The problem must significantly impair the vehicle's use, value, or safety (e.g., engine, transmission, or brake failure).
• Under Warranty: Most lemon laws only apply to new cars or cars still under the original manufacturer’s warranty.
• Reasonable Repair Attempts: You must give the dealer a chance to fix it. Usually, this means 3–4 attempts for the same issue, or the car being "out of service" for 30+ days.

2. The "Presumption" Period

Most jurisdictions have a specific window—often the first 12 to 24 months or the first 12,000 to 24,000 miles—where the law "presumes" the car is a lemon if the defects appear. If your car fails within this window, the burden of proof often shifts from you to the manufacturer.

3. Your Legal Remedies

If the court or an arbitrator determines your car is a lemon, you are typically entitled to one of two things:

1. A Full Refund: The manufacturer buys the car back (minus a small "offset" for the miles you actually drove).
2. A Replacement Vehicle: A brand new, comparable car without the defects.

4. Step-by-Step Action Plan

Step A: Keep Detailed Records. Save every repair order and invoice. Ensure the mechanic accurately describes your complaint on the paperwork.

Step B: Notify the Manufacturer. Most laws require you to send a formal written notice to the car company (not just the dealer) giving them one final chance to fix the car.

Step C: Arbitration or Lawsuit. Many car companies use "Arbitration" (an out-of-court meeting) to settle claims. If that fails, you may need to file a civil lawsuit.

⚠️ Used Cars and Lemon Laws

In many places, lemon laws do not apply to used cars unless they are still under the original factory warranty or were sold with a specific written "certified pre-owned" warranty. Always check your local statutes.

Stuck with a defective vehicle?

Manufacturer legal teams are aggressive. You need an expert on your side to ensure you get your refund.

Speak to a Lemon Law Expert

Legal Disclaimer: Lemon laws vary significantly by jurisdiction (e.g., California’s Song-Beverly Act vs. European consumer directives). This guide provides general information. Please consult keshillaligjore.com for specific advice regarding your vehicle's location.