Lemons and Lemon Laws

If you recently purchased a vehicle that keeps having the same problem over and over, despite numerous repair attempts, you might have a lemon on your hands.

And, you might be entitled to a replacement or refund.

What is a Lemon?

Simply put, a lemon is a defective vehicle (usually purchased new) that can’t be repaired or continues to malfunction.

Each state has its own legal definition of a lemon, but generally in order for your vehicle to be a lemon:

• The vehicle must still be under warranty.
• You must have taken the vehicle in for repairs for the same problem a certain number of times.
• The vehicle must have been inoperable for a certain number of days (whether they’re consecutive depends on your state).

What Are Lemon Laws?

A lemon law is designed to protect someone who’s purchased a lemon from getting stuck with an inoperable and possibly dangerous vehicle.

Generally, a lemon law has one of three specific goals:

• Ultimately repair the lemon.
• Replace the lemon.
• Refund the owner.

The process to get repairs, a replacement, or a refund depends on your state’s lemon law, but you can expect to:

• Contact the manufacturer and discuss the policies on repairs, replacements, and refunds.
• Contact a lemon law attorney, if the manufacturer won’t take action.
• Enter into arbitration with the manufacturer.
• Attend the hearing date with documentation of your warranty, repair attempts, and time spent inoperable.
• File a lawsuit (if arbitration doesn’t work out). At this point, if you don’t already have a lemon law attorney, it’s time to get one.

Of course, this course of events is based on the worst-case scenario: Your manufacturer not fixing or replacing the vehicle, or agreeing to refund you.

Do Lemon Laws Cover Used Vehicles?

Maybe.

Before buying a used vehicle (especially during a private sell), check on how your state’s lemon laws apply to pre-owned vehicles.

Some states, like New York, have lemon laws for used vehicles purchased from dealerships; other states, like Florida, don’t.

Order a Vehicle History Report

Because it’s rare to find lemon laws that cover used cars purchased during private sales, order a vehicle history report (VHR) for any private purchase you’re considering.

As the name suggests, a vehicle history report tells you everything about a particular vehicle’s history.