Lemon laws are designed to protect consumers who purchase defective vehicles. These laws provide a remedy for buyers whose vehicles fail to meet quality and performance standards despite multiple repair attempts. Generally, lemon laws require manufacturers to replace or repurchase a vehicle that meets the criteria of being a “lemon.” Understanding the factors affecting lemon law claims is essential for consumers seeking to take advantage of these protections.
Warranty is a primary factor
One of the primary factors affecting a lemon law claim is the vehicle’s warranty. For a claim to be valid, the defect must have occurred and been reported while the new or used vehicle is still under warranty. The defect must also have persisted despite multiple repair attempts. Moreover, the owner must take it to an authorized dealer for repairs and ensure that these attempts are documented. A lack of documentation or attempting repairs outside of authorized service centers can undermine a claim.
Within the first year, or 18,000 miles
Another crucial aspect of lemon law claims is the issue’s timeframe. Typically, the defect must first occur and be reported within the vehicle’s first year of ownership or the first 18,000 miles, whichever comes first. This timeframe ensures the vehicle was defective from the start rather than developing problems due to wear and tear or other external factors. A defect arising outside this period may not qualify for lemon law protection.
There must be multiple repair attempts
The number and nature of repair attempts are also critical in determining the validity of a lemon law claim. Generally, a vehicle must meet specific criteria regarding repair attempts or time spent in the shop:
- The vehicle has undergone three or more attempts to fix a single problem, but the fixes have failed, or the issue recurs.
- The vehicle is out of service for repair for a cumulative total of thirty or more calendar days.
- Eight or more attempts have been made to fix different problems.
- One unsuccessful attempt has been made to fix a problem that could cause death or severe injury.
Meeting any of these criteria can strengthen a lemon law claim, and failing to do so may weaken it.
Circumstances that can void a lemon law claim
Certain circumstances can void a lemon law claim, even if the vehicle meets the abovementioned criteria. Abuse and neglect by the owner that causes a vehicle defect can invalidate a claim. Similarly, adding aftermarket parts and modifications that result in a defective vehicle can also void a claim. Vehicle owners must maintain their vehicles properly and avoid unauthorized modifications to preserve their rights under lemon laws.
Not getting the answers you want?
If you believe your vehicle qualifies as a lemon, but the dealership repair department doesn’t see it that way, it is advisable to consult with a lemon law attorney. An experienced attorney can help navigate the complexities of the claim process and ensure you receive the compensation or replacement you deserve.