New Car Lemon Law

New Car Lemon Law: Your Rights Window and What a Buyback Pays

Your new vehicle keeps going back to the dealer for the same fault. We handle new-car lemon law claims. Each state lemon law caps how long you have to act, usually in months and in miles, and both counts start on the day you took delivery.

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Bought the car used? Different statutes apply, with different deadlines. Start on our used car lemon law page instead.

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Does Your New Vehicle Qualify?

Three tests decide it, and you do not need to pass all three. Most claims rest on the first or the second, and either one only counts if you also meet the third.

Test One

The same defect keeps coming back

Three unrelated problems will not get you there. What counts is one complaint, written up the same way on repair order after repair order.

Pennsylvania: 3 repair attempts for the same defect
New York: 4 repair attempts for the same defect
New Jersey: 3 repair attempts for the same defect (or 1 for serious safety defects)
Texas: 4 repair attempts for the same defect (or 2 for serious safety defects)
Florida: 3 repair attempts for the same defect, plus a final repair attempt after written notice

Test Two

The car has spent too many days off the road

This is a separate route, and owners tend to overlook it. Add up every day the vehicle sat at a dealer for warranty work, across every visit. A 2024 Audi Q8 e-tron we handled in Texas reached 166 days in just three visits. Prior results do not guarantee a similar outcome.

Pennsylvania: 30 cumulative calendar days
New York: 30 cumulative calendar days
New Jersey: 20 cumulative calendar days
Texas: 30 cumulative days
Florida: 30 cumulative calendar days (60 days for recreational vehicles)

Test Three

You are still inside the rights window

People check this one last, and missing it ends the state claim. The window runs on two clocks at the same time. The next section shows how to read both.

The Window Closes on Mileage or on Time — Whichever Lands First

Think of a lemon law rights window as two clocks running at the same time. Whichever one runs out first closes it.

Take a New York owner who puts 1,600 miles a month on the car. The odometer passes 18,000 before the first anniversary of delivery, so the window closes in under a year, long before the two-year date on the calendar. The same driver in New Jersey, where the mileage cap is 24,000, is still inside the window. Florida runs its rights period on time alone, with no mileage clock at all.

Pennsylvania Within the first 12 months, 12,000 miles, or the express warranty period (whichever is earliest)

New York Within 4 years from original delivery (defects must first be reported within 18,000 miles or 2 years, whichever is earlier)

New Jersey Not set by the Lemon Law itself (defects must be reported within 2 years or 24,000 miles from original delivery, whichever is earlier)

Texas Within 6 months after the earliest of the express warranty expiration or 24 months/24,000 miles from original delivery

Florida Within 60 days after the end of the 24-month Lemon Law rights period

If you are getting close to either number, call before you cross it. Here is how the buyback process runs once a claim is open.

New-Car Thresholds in Five States

These are the five states we publish full threshold numbers for, and each figure comes from the statute summary we keep for that state. Find your own row first. The thresholds differ more than most people expect.

The five state statutes we publish thresholds for. The federal Magnuson-Moss Warranty Act applies in every state. Statutory thresholds change; confirm your own dates before you rely on them.
State	Statute	Rights window / filing deadline	Repair attempts	Days out of service	Arbitration required
Pennsylvania Pennsylvania Automobile Lemon Law	73 Pa. Stat. §1951 to §1960	Within the first 12 months, 12,000 miles, or the express warranty period (whichever is earliest)	3 repair attempts for the same defect	30 cumulative calendar days	Yes - if the manufacturer has a dispute program that follows federal FTC rules, you must use it first, but its decision does not bind you
New York New York Lemon Law - New Car Lemon Law	N.Y. Gen. Bus. Law §198-a	Within 4 years from original delivery (defects must first be reported within 18,000 miles or 2 years, whichever is earlier)	4 repair attempts for the same defect	30 cumulative calendar days	Yes - if the manufacturer has its own dispute program, you must use it first to get a refund or replacement. The state arbitration program is optional, and every manufacturer must take part if you choose it
New Jersey New Jersey Lemon Law	N.J. Stat. §56:12-29 to §56:12-49	Not set by the Lemon Law itself (defects must be reported within 2 years or 24,000 miles from original delivery, whichever is earlier)	3 repair attempts for the same defect (or 1 for serious safety defects)	20 cumulative calendar days	No - consumer may proceed directly to court or use voluntary arbitration
Texas Texas Lemon Law	Tex. Occ. Code §2301.601 to §2301.613	Within 6 months after the earliest of the express warranty expiration or 24 months/24,000 miles from original delivery	4 repair attempts for the same defect (or 2 for serious safety defects)	30 cumulative days	Yes - complaint must be filed with the Texas Department of Motor Vehicles (TxDMV) which conducts a hearing
Florida Florida Lemon Law - Motor Vehicle Warranty Enforcement Act	Fla. Stat. §681.10 to §681.118	Within 60 days after the end of the 24-month Lemon Law rights period	3 repair attempts for the same defect, plus a final repair attempt after written notice	30 cumulative calendar days (60 days for recreational vehicles)	Yes - must first go through the Florida New Motor Vehicle Arbitration Board

When the State Window Has Already Closed

Once the state window has closed, the federal Magnuson-Moss Warranty Act comes next in line. It is not a second theory to argue alongside the state claim.

Start with the state clock. While it is still running, the state statute is the stronger route. It spells out the remedy and the time limits, and in New Jersey, Pennsylvania and Florida it makes the manufacturer pay your legal fees when you win.

After the state window shuts, one narrow question is left: is the car still under a written warranty from the manufacturer? The answer decides whether the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§2301–2312, is open to you. The full breakdown of the federal act has its own page, and it goes further than a summary here could.

One point worth stating plainly. The federal Magnuson-Moss Warranty Act applies in every state, which means a written manufacturer’s warranty gives you a federal route no matter where you bought the car. The table above only covers the five state statutes we publish thresholds for. For other states, see areas we serve.

Leased and Demonstrator Vehicles

Leased cars are covered. All five statutes reach vehicles leased in the state, not only vehicles bought there.

The personal-use limit

In Pennsylvania, New Jersey, Florida and Texas, coverage stops at vehicles used mainly for personal, family or household purposes. Title the same pickup to your business and it may fall outside the statute, even with the same defect.

Demonstrators

Of the five, only Florida's covered-vehicle definition lists demonstrator vehicles next to new ones. Bought a demo off the showroom floor in one of the other four states? Ask us before you assume it counts.

Pennsylvania New motor vehicles purchased, leased, or registered in Pennsylvania for personal, family, or household purposes

New York New motor vehicles purchased, leased, or registered in New York (also has separate used car lemon law)

New Jersey New motor vehicles purchased or leased in New Jersey for personal, family, or household use, and certain used vehicles

Texas New motor vehicles purchased or leased in Texas for personal, family, or household use (also covers towable recreational vehicles)

Florida New or demonstrator motor vehicles purchased or leased in Florida, primarily for personal, family, or household use

What a New-Car Buyback Actually Pays

A refund, a replacement or a cash settlement, and those three are not worth the same.

A refund

The manufacturer takes the car back and returns the purchase price, less any offset for use your state allows.

A replacement

You get a comparable vehicle instead of the money.

A cash settlement

You keep the car and take a payment for the value the defect cost you. Pennsylvania and New Jersey list this next to refund and replacement. In the other three states it happens only if the manufacturer agrees to it.

Then the deduction nobody warns you about. New York, Florida and Texas each subtract a reasonable offset for the use you got out of the vehicle before the buyback, so the miles on the odometer come off the refund. A claim filed at 9,000 miles is worth more than the same claim filed at 22,000. That gives you a second reason not to sit on it.

Pennsylvania Replacement vehicle, full refund, or cash settlement

New York Replacement vehicle or full refund (minus reasonable use offset)

New Jersey Replacement vehicle, full refund, or cash settlement

Texas Replacement vehicle or full refund (minus reasonable use offset)

Florida Replacement vehicle or a refund of the purchase price (minus a reasonable offset for use)

Who Pays the Lawyer

If you prevail, the manufacturer usually does. Fee rules in state lemon laws and in the federal Magnuson-Moss Warranty Act are what make a claim on a $34,000 car worth bringing at all.

Three of these five (New Jersey, Pennsylvania and Florida) say the manufacturer pays your attorney fees if you prevail. In New York the court may award reasonable attorney fees to a consumer who prevails. The Texas Lemon Law has no attorney-fee provision of its own: a consumer who wins the TxDMV case gets the $35 filing fee back, and fees in a Texas case come from other law, such as the federal Magnuson-Moss Warranty Act, under which the court may allow them.

Pennsylvania: Yes - manufacturer pays consumer's reasonable attorney fees if consumer prevails
New York: Yes - the court may award a consumer who prevails reasonable attorney fees (N.Y. Gen. Bus. Law §198-a(l))
New Jersey: Yes - manufacturer pays consumer's attorney fees if consumer prevails
Texas: No - the Texas Lemon Law has no attorney-fee provision; a consumer who wins the TxDMV case gets the $35 filing fee back from the manufacturer (Tex. Occ. Code §2301.712(b))
Florida: Yes - manufacturer pays consumer's attorney fees if consumer prevails

Easy Lemon charges no attorney fee unless we recover for you.

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New Car Lemon Law Questions

When does the clock start on a new car lemon law claim? +

On the day you took delivery. New York, New Jersey and Texas all count from original delivery, so the model year does not matter, and neither does the day the fault first showed up or the day you gave up on the dealer. Take the delivery date from your purchase or lease paperwork and count forward.

Does the rights window close on time or on mileage? +

Both, and the first one to expire closes the window. New York closes at 18,000 miles or 2 years from original delivery, whichever is earlier, and a New York lawsuit must be filed within 4 years of delivery. New Jersey's cutoff is 24,000 miles or 2 years. Pennsylvania uses the earliest of 12 months, 12,000 miles, or the express warranty period. Texas allows 6 months after the earliest of the warranty expiring or 24 months / 24,000 miles. Florida has no mileage cap. Its rights period runs 24 months, and the filing deadline is 60 days after that period ends.

How many repair attempts does a new car need? +

Three or four, depending on the state, and fewer when the defect is a serious safety problem. Pennsylvania and New Jersey set it at 3 repair attempts for the same defect, while New York and Texas require 4. Florida requires 3, plus a final repair attempt after written notice to the manufacturer. For a serious safety defect, New Jersey drops to 1 attempt and Texas to 2. The 2024 Tesla Cybertruck we handled in New York made five service visits, and four of them were repair attempts on the same loss of brake pressure, which kept coming back. Prior results do not guarantee a similar outcome.

Can I qualify on days out of service alone? +

Yes. Days out of service is its own route, not a tiebreaker. A car that never reached the repair-attempt count can still qualify if it sat at the dealer long enough, and the bar is lowest in New Jersey at 20 cumulative calendar days. New York, Pennsylvania and Florida use 30 cumulative calendar days, and Texas uses 30 cumulative days. Florida adds a step partway there: once the car passes 15 cumulative days out of service, a written notice requirement to the manufacturer kicks in, and skipping it can hurt the claim later.

Do I have to go through arbitration before court? +

In four of the five, yes, in some form. New Jersey is the one with no mandatory arbitration, so there you can proceed directly to court. New York makes you use the manufacturer's own dispute program first if it has one, and also has a state arbitration program you can choose. Pennsylvania makes you use the manufacturer's program first if it has one that follows federal FTC rules, and its decision does not bind you. Florida sends you to the Florida New Motor Vehicle Arbitration Board, which the state runs, not the manufacturer. Texas is closer to an agency case than to arbitration: you file a complaint with the Texas Department of Motor Vehicles and TxDMV conducts a hearing.

Is a leased new car covered? +

Yes, in all five. Each statute covers vehicles leased in the state, not only vehicles purchased there. The Volkswagen ID. Buzz we handled in New Jersey was a lease; its charging module failed, it had to be towed to the dealer, and it spent more than 111 days in the shop over three repair visits (prior results do not guarantee a similar outcome). One catch: Pennsylvania, New Jersey, Florida and Texas require the vehicle to be used mainly for personal, family or household purposes, so check early if the lease is in a company name.

What about a demonstrator or dealer-driven car? +

In Florida, yes: its covered-vehicle definition names demonstrator vehicles alongside new ones. The other four write their coverage around new motor vehicles and never mention demos. If you bought one in New York, New Jersey, Pennsylvania or Texas, raise it at the start instead of assuming.

What gets deducted from a lemon law refund? +

A reasonable offset for use, meaning the miles you drove. New York, Florida and Texas all put it in the statute. In Florida the offset counts the miles driven up to the settlement or the arbitration hearing, whichever comes first, so each month of driving while a claim drags on is paid for out of your refund. The same claim shrinks the longer you wait.

Can I keep the car and still get paid? +

In Pennsylvania and New Jersey, yes: a cash settlement sits alongside refund and replacement as a listed remedy. In New York, Florida and Texas the listed remedies are replacement or refund, and anything else comes down to what the manufacturer will agree to. It does happen. Our New York clients kept their 2023 Mercedes-Benz GLE and took a cash-and-keep settlement after three repair visits and 106 days in the shop. Prior results do not guarantee a similar outcome.

My rights window closed. Is that the end of it? +

Not always. After the state window shuts, the question becomes whether the vehicle still carries a written manufacturer's warranty. If it does, the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§2301–2312, may still apply. That claim works differently from a state lemon law claim, and our Magnuson-Moss page covers how.

Do you only handle claims in those five states? +

No. The table lists the five state statutes we publish thresholds for. The federal Magnuson-Moss Warranty Act, 15 U.S.C. §§2301–2312, applies in every state and reaches any vehicle still carrying a written manufacturer's warranty, which gives a driver in Ohio or Arizona a route as well. Send us the state, the defect and your repair dates to start.

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