Lemon Law FAQ
Common Questions About Lemon Law
Stuck with a car that won’t stop breaking down? You’re not alone. Manufacturers often drag out repairs and hope you’ll give up before they have to replace your vehicle or issue a refund. With Easy Lemon on your side, you have the power to fight back and get the resolution you deserve.
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Know Your Rights Under Lemon Law
We’ve worked with real drivers stuck with defective cars and know the frustration. This guide answers your biggest questions so you know what qualifies, how to file, and how Easy Lemon fights to get you back on the road.
A lemon law is a statute that gives the buyer or lessee of a defective vehicle a refund or replacement when the manufacturer cannot fix a warranty defect within a set number of attempts or days. Two layers apply. The federal Magnuson-Moss Warranty Act (15 U.S.C. §§2301-2312) governs any written warranty and lets a consumer sue for breach, with attorney's fees under §2310(d)(2). Each state then adds its own law with its own thresholds: N.Y. Gen. Bus. Law §198-a, Tex. Occ. Code §2301.601 to §2301.613, Fla. Stat. §681.10 to §681.118, N.J. Stat. §56:12-29 to §56:12-49 and 73 Pa. Stat. §1951 to §1960. Our plain-English guide to the lemon law walks through how the two layers fit together.
Sometimes. Most state lemon laws cover new vehicles, but a used car still under the original manufacturer's warranty is often inside the statute's coverage window, and the Magnuson-Moss Warranty Act (15 U.S.C. §2301(6)) applies to any written warranty, new or used. A few states go further: New York has a separate Used Car Lemon Law at N.Y. Gen. Bus. Law §198-b, and New Jersey's statute (N.J. Stat. §56:12-29 to §56:12-49) includes a Used Car Lemon Law for vehicles bought from dealers. Coverage turns on where you bought the car and what warranty came with it; see what qualifies under the lemon law.
A vehicle qualifies when a defect covered by the warranty substantially impairs its use, value or safety and survives the number of repair attempts, or days out of service, that your state's statute sets. Those numbers are not national. New Jersey presumes a lemon after 3 attempts for the same defect, or 1 for a serious safety defect, or 20 cumulative days out of service (N.J. Stat. §56:12-29 to §56:12-49). New York uses 4 attempts or 30 days (N.Y. Gen. Bus. Law §198-a). Texas uses 4 attempts, 2 for serious safety defects, or 30 days (Tex. Occ. Code §2301.601 to §2301.613). The full checklist is on our lemon law qualifications page.
Each state statute defines it, and the answer changes at the state line. Florida presumes a reasonable number after 3 attempts for the same defect plus one final attempt after written notice (Fla. Stat. §681.10 to §681.118). Pennsylvania and Ohio use 3 attempts (73 Pa. Stat. §1951 to §1960; Ohio Rev. Code §1345.71 to §1345.77), and Ohio drops to 1 where the defect could cause death or serious injury. New York, Texas, Illinois, Michigan and Maryland use 4 (N.Y. Gen. Bus. Law §198-a; Tex. Occ. Code §2301.601; 815 ILCS 380; Mich. Comp. Laws §257.1401; Md. Code, Com. Law §14-1501). Pull your state on the areas we serve page for the exact count.
Start with the paper trail: every repair order, the purchase or lease contract and the warranty booklet. Then give the manufacturer written notice, because most statutes require it before you can enforce the remedy. Florida requires written notice once the car has been out of service for 15 days (Fla. Stat. §681.10 to §681.118); Georgia requires certified mail or statutory overnight delivery (Ga. Code §10-1-780 to §10-1-795); Michigan requires written notice and gives the manufacturer a final repair attempt (Mich. Comp. Laws §257.1401); Illinois requires written notice as well (815 ILCS 380). Federal claims have the same gate: 15 U.S.C. §2310(e) requires a reasonable opportunity to cure before suit. After notice, the demand goes out and most claims settle at that stage.
The statutes set the menu. New York, Texas and Florida provide a replacement vehicle or a refund of the purchase price minus a reasonable offset for the miles you drove (N.Y. Gen. Bus. Law §198-a; Tex. Occ. Code §2301.601 to §2301.613; Fla. Stat. §681.10 to §681.118). New Jersey and Pennsylvania add a cash settlement as a third option (N.J. Stat. §56:12-29; 73 Pa. Stat. §1951). Under the Magnuson-Moss Warranty Act, 15 U.S.C. §2310(d) allows damages for breach of the written warranty plus attorney's fees. Which remedy fits depends on your repair history, your mileage and what the manufacturer offers first.
No statute requires one. New York's arbitration program and the Texas Department of Motor Vehicles hearing process (N.Y. Gen. Bus. Law §198-a; Tex. Occ. Code §2301.601 to §2301.613) are both open to consumers filing on their own. The reason most people hire counsel is the fee rule: 15 U.S.C. §2310(d)(2) lets a court order the manufacturer to pay the consumer's attorney's fees, and New York, New Jersey, Pennsylvania, Florida and Texas each have a state fee-shifting provision as well. Easy Lemon works on contingency, so there is no attorney's fee unless we recover for you.
Yes in the states listed here, and in many others. New York covers vehicles purchased, leased or registered in the state (N.Y. Gen. Bus. Law §198-a). Texas, Florida, New Jersey, Pennsylvania and Ohio each define a covered vehicle to include one leased in the state for personal, family or household use (Tex. Occ. Code §2301.601 to §2301.613; Fla. Stat. §681.10; N.J. Stat. §56:12-29; 73 Pa. Stat. §1951; Ohio Rev. Code §1345.71). The lessee brings the claim, and the refund remedy is adjusted to what the lessee actually paid. Check your state's entry on the areas we serve page before you assume a lease is excluded.
It depends on the state, and the windows are shorter than most drivers expect. New York's presumption covers the first 18,000 miles or 2 years (N.Y. Gen. Bus. Law §198-a). Pennsylvania covers 12 months, 12,000 miles or the warranty term, whichever comes first (73 Pa. Stat. §1951 to §1960). Ohio uses 1 year or 18,000 miles (Ohio Rev. Code §1345.71), Illinois 18 months (815 ILCS 380), New Jersey 2 years or 24,000 miles (N.J. Stat. §56:12-29), Maryland 3 years (Md. Code, Com. Law §14-1501). Texas requires filing within 6 months after the earliest of the warranty's expiration or 24 months/24,000 miles (Tex. Occ. Code §2301.601 to §2301.613). A federal Magnuson-Moss claim can sometimes survive a missed state deadline.
You may still have a warranty claim. The Magnuson-Moss Warranty Act (15 U.S.C. §§2301-2312) does not require a set number of repair attempts; it applies whenever a written warranty is breached and the manufacturer has had a reasonable opportunity to cure (§2310(e)). Section 2308 also bars a manufacturer from disclaiming implied warranties while a written warranty is in force, so a defect the dealer keeps calling "normal" can still be a breach. Fees shift under §2310(d)(2). State consumer-protection statutes can add a separate claim. Bring the repair orders to a free case review and we can tell you which route the facts support.
A recall by itself is not a lemon law claim, but the defect behind it can be. What matters under statutes like Tex. Occ. Code §2301.601 to §2301.613 and N.Y. Gen. Bus. Law §198-a is whether the problem substantially impairs use, value or safety and whether it survived the state's repair-attempt or days-out-of-service threshold. Recall visits count as repair attempts when they target the same defect, and a car parked at the dealer waiting for recall parts is accumulating days out of service (20 cumulative days in New Jersey under N.J. Stat. §56:12-29; 30 in New York and Texas). Check whether your vehicle has an open recall on our recall pages.
No statute promises an outcome, and past results do not predict any individual case. What the law does provide is a presumption that shifts the argument in the consumer's favor once the thresholds are met: N.Y. Gen. Bus. Law §198-a, Fla. Stat. §681.10 to §681.118 and N.J. Stat. §56:12-29 each presume a reasonable number of attempts at the statutory count, and 15 U.S.C. §2310(d)(2) makes the manufacturer, not the consumer, the party paying attorney's fees when the consumer prevails. Easy Lemon has resolved 97% of the cases it has taken since the firm was founded in 2024. The cases that resolve quickly share one trait: complete repair orders.
The statutes do part of the work for you. Once your repair history hits the state's threshold, the law presumes a reasonable number of attempts and the manufacturer has to rebut it: Florida after 3 attempts plus a final attempt following written notice (Fla. Stat. §681.10 to §681.118), New Jersey after 3 attempts or 20 days out of service (N.J. Stat. §56:12-29 to §56:12-49), Maryland after 4 attempts, or 1 where the defect causes failure of the braking or steering system and survives notice and an opportunity to cure (Md. Code, Com. Law §14-1501 to §14-1504). The hard cases are the ones with missing repair orders or a defect the dealer never wrote down. Ask for a written repair order every visit, even when the dealer says it found nothing.
In a successful case, the manufacturer. The Magnuson-Moss Warranty Act, 15 U.S.C. §2310(d)(2), lets a court award the consumer's attorney's fees and costs against the warrantor. State lemon laws in New York, New Jersey, Pennsylvania, Florida and Texas contain the same rule: the prevailing consumer recovers reasonable attorney's fees (N.Y. Gen. Bus. Law §198-a; N.J. Stat. §56:12-29; 73 Pa. Stat. §1951; Fla. Stat. §681.10; Tex. Occ. Code §2301.601). Easy Lemon takes cases on contingency: nothing upfront and no attorney's fee unless we recover for you. Read the fee terms before you sign; ours fit on one page.
Four things carry a claim: the purchase or lease contract, the warranty booklet, every repair order (dated, with mileage in and out) and a copy of any written notice you sent the manufacturer. Repair orders matter because every threshold in the statutes is counted from them: 4 attempts under N.Y. Gen. Bus. Law §198-a, 3 under 73 Pa. Stat. §1951, 30 cumulative business days out of service under 815 ILCS 380. Written notice matters because states such as Florida (Fla. Stat. §681.10 to §681.118) and Georgia (Ga. Code §10-1-780) require it before the remedy attaches. Photos, dash-cam clips and texts with the service advisor help but do not replace the repair orders.
Take these steps in order. First, keep every repair order and ask for one even when the dealer finds nothing. Second, check your state's threshold: 3 attempts in New Jersey, Pennsylvania and Ohio (N.J. Stat. §56:12-29; 73 Pa. Stat. §1951; Ohio Rev. Code §1345.71), 4 in New York and Texas (N.Y. Gen. Bus. Law §198-a; Tex. Occ. Code §2301.601). Third, send written notice to the manufacturer; Michigan, Georgia and Florida require it and give the manufacturer a final repair attempt (Mich. Comp. Laws §257.1401; Ga. Code §10-1-780; Fla. Stat. §681.10). Fourth, demand the statutory remedy: replacement or refund, and under 15 U.S.C. §2310(d) damages with attorney's fees. Our qualifications guide covers each step.
There is no published average, and no statute sets a dollar figure. The remedy is a formula. For a covered vehicle, New York, Texas and Florida provide a refund of the purchase price minus a reasonable offset for use, or a replacement (N.Y. Gen. Bus. Law §198-a; Tex. Occ. Code §2301.601 to §2301.613; Fla. Stat. §681.10 to §681.118). New Jersey and Pennsylvania allow a negotiated cash settlement instead (N.J. Stat. §56:12-29; 73 Pa. Stat. §1951). For a used car outside the state statute, a Magnuson-Moss claim under 15 U.S.C. §2310(d) is measured by the loss in value caused by the breach. Your mileage at the first repair is the single biggest variable.
Yes. The dealer is where you bought the car, but the state lemon law claim runs against the manufacturer that issued the warranty (Tex. Occ. Code §2301.601 to §2301.613; Fla. Stat. §681.10 to §681.118). Where the dealer gave its own written warranty on a used car, the Magnuson-Moss Warranty Act (15 U.S.C. §2301(6)) makes the dealer a warrantor, and two states add dealer-specific used car laws: N.Y. Gen. Bus. Law §198-b and the Used Car Lemon Law within N.J. Stat. §56:12-29 to §56:12-49. A car sold "as is" with no written warranty falls outside both, which is why the paperwork from the sale matters.
The Magnuson-Moss Warranty Act, 15 U.S.C. §§2301-2312, is the 1975 federal law that governs written consumer-product warranties, including vehicle warranties. Section 2302 requires warranty terms to be disclosed in plain language before sale; §2304 sets the minimum standards a warranty labeled "full" must meet, including repair within a reasonable time and refund or replacement if it cannot be fixed; §2308 bars a warrantor from disclaiming implied warranties while a written warranty is in force; §2310(d) creates the consumer's right to sue and, at §2310(d)(2), shifts attorney's fees to the warrantor. It applies in every state and works alongside the state lemon laws, such as N.Y. Gen. Bus. Law §198-a and 73 Pa. Stat. §1951.
A lemon title, or lemon law buyback brand, is a notation on a vehicle's title showing the manufacturer repurchased the car under a lemon law. New York requires this branding on the title of a bought-back vehicle (N.Y. Gen. Bus. Law §198-a), so the next buyer can see the history. If you are shopping, run the VIN and read the title before you sign; a branded car usually resells for less. If you already own one and it came with a new written warranty, the Magnuson-Moss Warranty Act (15 U.S.C. §§2301-2312) still applies to that warranty. If your own car is headed for a buyback, ask us how the branding rule in your state affects the refund calculation.
Does Your Car Qualify?
Tired of breakdowns, repairs, and costly fixes? You’re not alone. Many drivers don’t realize that the Lemon Law protects them. If your car has a serious defect that remains unfixed despite multiple repair attempts, you could be entitled to a refund, replacement, or compensation. If any apply, you may have a case:
Repeated repairs, but the issue keeps coming back.
Major safety concerns (brake failure, stalling, electrical malfunctions).
More than 30 days in the shop without a fix.
Still under the manufacturer’s warranty or recently expired.
If any of these sound familiar, you may qualify for a Lemon Law claim. Keep reading to learn what steps to take next and how Easy Lemon makes the process stress-free.
What Compensation Am I Entitled To?
You could be owed more than you think. The Lemon Law forces automakers—not consumers—to take responsibility for defective vehicles. Depending on your case and state laws, you may qualify for:
A full refund—including your purchase price, down payment, monthly payments, taxes, and fees.
A replacement vehicle of similar make and value.
Reimbursement for out-of-pocket costs like repairs, towing, and rental cars.
Coverage of attorney’s fees, so you pay no attorney’s fees unless we recover for you.
Don’t settle for less. Manufacturers often offer lowball settlements or push for arbitration to delay payouts. Easy Lemon fights for your the full value of your claim—so you don’t get shortchanged.
Why Choose Easy Lemon?
Getting stuck with a defective vehicle is frustrating—but fighting for your rights shouldn’t be. At Easy Lemon, we make the Lemon Law process simple, stress-free, and effective so you can confidently move forward.
If your vehicle is covered under a written warranty and has been repeatedly repaired by an authorized dealer without success, you could qualify for a refund or replacement vehicle, with no attorney’s fees unless we recover for you.
Experience You Can Trust
We’ve helped innocent drivers win Lemon Law claims without the stress of dealing with manufacturers directly.
Fast, Hassle-Free Process
We handle everything from filing paperwork to negotiating with automakers so you can get back on the road faster.
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No attorney’s fees unless we recover for you. With Easy Lemon, you pay nothing upfront and have everything to gain.
Clear, Straightforward Guidance
No legal jargon. No confusion. Just expert help, real answers, and clear answers.
Don’t Let a Defective Car Drain Your Wallet
Every day you wait is another day dealing with frustration, expensive repairs, and manufacturer delays. Easy Lemon makes getting a refund or replacement fast, simple, and stress-free. Let’s get you back on the road—with the payout you deserve.
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