What Types Of Problems Are Covered By The Lemon Law?
By Liam Jones
Short Answer
Lemon laws cover substantial defects that impair a vehicle's safety, value, or use and that survive a reasonable number of repair attempts, such as engine, transmission, brake, steering, or electrical failures.
The defect generally has to be covered by the express warranty. Minor annoyances like a rattling trim piece rarely qualify. Coverage varies by state, and some states extend it to used or leased vehicles still under the manufacturer's warranty.
Reviewed by Liam Jones, Lemon Law Attorney · Easy Lemon
Lemon laws deal with major manufacturing defects in new cars and sometimes used ones that substantially impair safety, value, or usability such as engine or transmission failure or brake problems after a reasonable number of repair attempts or a set number of days in the shop.
While people usually think about cars, federal law and some states also regulate other kinds of warranted consumer products, but the rules vary from state to state. So you really need to check out what the specific rules are in your own state if there are issues such as recurring electrical problems, steering defects, or structural damage.
At Easy Lemon we guide our clients through complex legal procedures under the car lemon law with confidence.
Our lemon law attorneys handle the documentation, the manufacturer notification, and the negotiation, so you are not managing it alone. Contact us today for a free consultation.
This post explains what qualifies as a lemon car and which kinds of automobiles lemon laws cover. We'll also discuss how lemon laws are good for consumers and some obstacles that might be encountered in pursuing lemon law claims.
What Types of Problems Are Covered by the Lemon Law?
Common Examples of What Types of Problems Are Covered by the Lemon Law
In legal terms, a "lemon" is a car or other product that isn't up to quality standards and can't be fixed after reasonable repair attempts by either the manufacturer or an authorized dealer. Therefore lemon laws provide recourse for most consumers who purchase defective products, usually new cars, which fail to live up to quality standards and are not fixable after a reasonable number of repair attempts. Most lemon laws stipulate that a claim is only valid if the express warranty on the car covers the problem.
Coverage applies to substantial defects that affect the vehicle's usability, safety, or value; this usually covers new cars, trucks, SUVs, and motorcycles. Some states do also include coverage for used or leased vehicles if they are still under manufacturer warranty along with motor homes (chassis and drivetrain). In rare cases, coverage extends to other consumer goods like appliances or even pets.
Also, any defect that arises has to be reported within a certain time frame or mileage limit, which differs from state to state (like 12 to 24 months or 12,000 to 24,000 miles). The defect also needs to be within the scope of the manufacturer's warranty.
Consumers need to report a defect within the warranty period or within about one to two years after purchasing the car.
Lemon laws address substantial defects related to materials or workmanship that significantly impact the vehicle's functionality.
Common defects under safety concerns/defects include brake failure or anti-lock braking system (ABS) malfunction, steering system problems, and engine stalling or sudden power loss while driving.
A serious safety defect is defined as a life-threatening malfunction that impairs the driver's ability to control or operate the vehicle.
Lemon laws also apply to mechanical and driving issues. Some examples of mechanical issues would be recurring engine problems like overheating or knocking or high oil consumption; transmission failures; slipping gears or having difficult gear shifts; problems with fuel systems such as fuel leaks or malfunctioning fuel pumps; and suspension issues too.
Lemon laws also cover failures of different systems including electrical ones. This includes faulty wiring and problems with air conditioning or heating. Persistent water leaks are also included. Common faults involving things like persistent battery drains and malfunctioning entertainment systems are also considered under lemon law coverage.
How Do Lemon Laws Identify Eligible Problems?
Lemon laws look at problems and focus specifically on substantial defects that cannot be fixed through a reasonable number of repairs. To qualify for lemon law protection, several key criteria generally need to be met, and these can differ a bit from state to state.
The core requirements center on the nature of the defect, the number of repair attempts, and when the issues arose. Time limits for claims under lemon laws vary from state to state; some states allow claims up to four years after purchase of the vehicle.
The core qualification criteria include substantial defect, which simply means the vehicle must have a defect or condition that substantially impairs its use ( the defect makes the vehicle unreliable or difficult to operate for its intended purpose, like persistent engine failure or transmission issues), value (even if the car is drivable, the defect significantly reduces its market or resale value, like unfixable paint defects or persistent body leaks), or safety (problems posing a risk of injury or death (e.g., faulty brakes, steering issues, airbag malfunctions, or sudden stalling) are generally considered substantial). Minor issues like a loose interior trim piece or an intermittent radio glitch typically do not qualify unless they are part of a larger, unresolved pattern.
For a car to be considered a lemon, the manufacturer needs to have made a reasonable number of repair attempts.
This means that there must be reasonable chances for the manufacturer or authorized dealership to fix the problem, and they must have failed to do so.
Generally speaking, for most defects that aren't safety related, the threshold is often at least four failed attempts to fix the same issue. However, for safety defects such as one that causes death or serious bodily harm (for example, if brakes or steering fail), this number of failed repair attempts might be lower, sometimes only two.
Alternatively, most states consider the "reasonable attempt" (reasonable time) criterion met if the vehicle has been out of service for repairs for a cumulative total of 30 days or more within a specific timeframe (often the first 12, 18, or 24 months of ownership).
The final important criterion is documentation and notification; this means that consumers need careful records for every attempt at repairs. Records should include dates of repair attempts, descriptions of what went wrong, and details about results.
Many laws require manufacturers to be notified in writing about recurring problems and be given one last chance to fix things before you can pursue a claim. The Lemon Law is for passenger vehicles, SUVs, pickup trucks and vans bought or leased in the state of Michigan.
Lemon laws generally are at the state level and so specifics about them can vary from jurisdiction to jurisdiction. Most laws deal with new vehicles but some states also offer protection for used cars especially those sold with a certified pre-owned (CPO) or dealer-backed warranty.
The Lemon Law covers vehicles under the original manufacturer warranty, and most states do not apply lemon laws to vehicles in an extended warranty period. The Lemon Law does not apply to motor homes, buses, trucks other than pickups and vans, motorcycles, or off-road vehicle
What Are The Steps Involved In A Lemon Law Claim?
A lemon law claim involves things like documenting any problems you have with a product, giving the manufacturer a chance to fix those problems, formally writing to them about the issues and your concerns, and possibly hiring an attorney who can help to settle disputes or bring suit for refunds or replacements. Procedures may differ slightly by state but generally follow these core steps.
One of the main steps for filing a lemon law claim is knowing the specific laws of your state. This means understanding the unique requirements that apply in your state.
Now you also have to document things very carefully. That means keeping thorough records of any issues with your car, documenting repair attempts along with invoices and dates, and also logging communications like emails, letters and notes about talking to dealers or manufacturers.
The next step is to give them an opportunity to fix things; this means allowing the manufacturer a reasonable number of tries (often 3 or more) to fix a defect that falls under warranty.
Next, you need to formally notify the manufacturer in writing, often with a demand letter, describing ongoing problems and referring to any previous repairs. You should also specify what you want as a result (for example, a refund or replacement).
After sending the demand letter, your next act should be to consult an attorney, especially if the manufacturer doesn't resolve the issue. This stage makes it very important to know what lawyer deals with car dealerships.
A lemon lawyer can assess your case, handle complex paperwork, and negotiate or file a claim. The next step after consulting with an attorney is to file the claim/negotiate.
Your lawyer will now formally file the claim or negotiate through mediation or arbitration to seek something like a refund or replacement for the vehicle.
If negotiations fail, litigation is then likely the next step. The process may then move to formally filing a lawsuit with discovery and possible trials but most cases end up settling anyway.
How Do Lemon Laws Benefit Consumers?
Lemon laws help consumers by allowing them recourse through law when buying cars that are defective; they can receive refunds, replacements or costly repairs covered. These laws also shield consumers from big financial losses and stress and push manufacturers to improve quality control, which leads to more dependable cars for everyone.
They provide a straightforward way to get justice if a new car consistently has major safety or performance problems that can't be fixed, so consumers are not stuck with an unsafe or worthless "lemon." Essentially, lemon laws offer significant legal protection to consumers who buy things, usually cars, and find out later that they have very serious and irreparable flaws.
These laws ensure consumers are not left with worthless or unsafe goods and hold manufacturers accountable for the quality of their products.
The lemon laws give consumers key advantages such as financial protections and remedies. The primary benefit is the right to legal action and a meaningful resolution if a product is deemed a "lemon." These benefits could be a full refund of the purchase price (full price), including other costs/other fees like taxes and registration fees, or a replacement product like a manufacturer buyback or a comparable new vehicle from the manufacturer.
Another benefit might include cash compensation for any repairs or expenses and the stress related to a faulty product. Reimbursement for incidental costs during the repair process, such as towing and rental car fees, could also apply.
One additional benefit consumers get from lemon law provisions is access to legal assistance. This is a key feature of many federal and state lemon laws because under many of them the manufacturer may be responsible for paying the consumer's attorney fees if the consumer wins. This means that average consumers have access to good legal advice that they might not otherwise afford when fighting against big corporations. Lemon laws also offer protection and recourse through law by leveling the playing field between individual consumers and large manufacturers. They also provide a structured process with options like arbitration which tends to be quicker and easier compared to going through court.
For lemon law disputes, arbitration processes are usually free for consumers where those programs exist. This arbitration process tends to drag on for a long time; typically a consumer has to wait somewhere between 70 and 100 days before they can resolve their lemon law claims.
Following an arbitration hearing, the arbitrator decides if a consumer's claims meet lemon law standards. Lemon laws encourage both quality and safety.
The existence of lemon laws creates very strong financial incentives for manufacturers to invest in strong quality control and safety standards so that they don't have to deal with expensive buy backs and replacements. This also benefits all consumers by raising product quality and reliability across the market as a whole.
Finally, lemon laws provide clear standards for defects by defining what constitutes a "reasonable number" of repair attempts or how long a product can be out of service, providing clear criteria that help consumers understand their rights and when they have a valid claim.
By setting clear rights and remedies lemon laws help to instill consumer confidence in the marketplace. They ensure that buyers have recourse if a major purchase goes sour.
People who run into problems with a new car should check out specific information about lemon laws in their state or contact an attorney to find out if they qualify for any kind of protection.
What Challenges May Arise During Lemon Law Claims?
Several challenges may arise during Lemon Law claims, primarily concerning documentation, manufacturer resistance, handling legal procedures, and meeting strict time limits.
Common issues involve proving that there is a persistent covered defect under warranty that substantially impairs the usability, value or safety of the car. Consumers have the burden of proof for this.
This requires careful record-keeping. Another common challenge is documentation issues. Cases where lemon law applies are document-intensive ("paper cases").
Challenges arise when consumers fail to keep detailed records of all repair attempts, dates, mileage, invoices, communications with the dealer/manufacturer, and maintenance history.
Other common challenges include manufacturer/dealer resistance. This is usually a problem, especially if someone sold you a bad car and you don't know what to do.
Manufacturers often try to avoid compliance by blaming problems on user misuse, unauthorized modifications, and lack of proper maintenance. Dealers may also downplay the issue, claim the problem "could not be duplicated," or offer very low settlements.
One of the common challenges with lemon law claims is time limits. Each state has different statutes of limitations for filing such claims. This time limit generally starts from when the initial problem arises or within a certain period after you have purchased the product.
Failing to meet this deadline can mean losing your right to file a claim. Some states or manufacturer programs require that customers go through informal dispute resolution or arbitration first (like through the BBB Auto Line Program) before filing lawsuits. Sometimes those arbitration processes take time and can produce unsatisfactory outcomes.
Lack of vehicle use after defect is also a common challenge that may arise during lemon law claims. While needing the car for daily use is common, excessive use after a substantial defect becomes apparent can hurt a case, as the manufacturer may be entitled to a mileage offset from any refund or replacement.
Misunderstanding of the law is also a common issue when making lemon law claims. Consumers often mistakenly assume that there is only one federal lemon law and do not know specific state requirements like the number of repair attempts required; they also sometimes misunderstand the protection for used cars which might fall under the Magnuson-Moss Warranty Act or state laws specific to used cars.
Lastly, handling legal procedures is also a common challenge in lemon laws. The legal process can be complex, frustratingly slow, and involve significant paperwork.
Manufacturers have lawyers who deal with such complaints and this puts consumers without legal representation at a disadvantage. Hiring a lemon law attorney can help handle those challenges. Many of these attorneys work on a contingency fee basis, and if the claim is successful, the manufacturer may have to pay their legal fees.
How Does Each State Define a Qualifying Defect?
The threshold test is written differently in each statute, and the language decides cases. Alabama asks whether the condition significantly impairs the car's use, value or safety, and that impairment must arise solely in ordinary use and not through things like abuse, neglect, unauthorized modifications, and accidents that occur after delivery (Ala. Code 8-20A-1(6)).
Louisiana asks if there has been a substantial impairment of use or market value due to a defect (La. R.S. 51:1941(7)). Safety is not assessed in that standard. Alaska on the other hand addresses both limbs directly.
Substantially impairing the use means the defect prevents operation or makes the vehicle unsafe to operate; substantially impairing the market value means it substantially decreases the vehicle's dollar value against a comparable vehicle without the defect (AS 45.45.360(11) and (12)).
AS 45.45.315 withholds the remedy where neither limb is met, or where the problem traces to unauthorized alteration, abuse or neglect.
Which States Cut the Repair-Attempt Count for a Safety Defect?
Only some, and the carve-outs are narrower than people assume. Idaho drops to a single repair attempt, but only for a complete failure of the braking or steering system likely to cause death or serious bodily injury (Idaho Code 48-903(3)).
Idaho backs that up at 48-905(2): a vehicle returned for an unrepaired complete braking or steering failure may not be resold in the state at all.
Texas allows two attempts where the defect is a serious safety hazard, against four for an ordinary nonconformity (Tex. Occ. Code 2301.601 to 2301.613).
Washington uses two as well, under RCW 19.118.041(2)(a): the same serious safety defect diagnosed or repaired at least twice, one attempt inside the written warranty, and it still exists. Arizona has no shortened safety route.
Neither Alabama's presumption at 8-20A-2(c) nor Alaska's at AS 45.45.320 offers one; each lists two paths only, repeat attempts or days out of service.
Which Vehicles Are Excluded Outright?
Coverage stops at each statute's definition of "motor vehicle," and that line moves. Alabama does not include motor homes nor any vehicle with a gross vehicle weight rating (GVWR) of 10,000 pounds or more (8-20A-1(2)).
Idaho excludes motorcycles, farm tractors, trailers and anything over 12,000 pounds gross laden weight (48-901(7)).
Louisiana excludes vehicles of 10,000 GVW and above and vehicles used exclusively for commercial purposes, while expressly including personal watercraft and ATVs used exclusively for personal purposes (51:1941(6)).
Alaska requires four or more wheels and self-propulsion, plus registration under AS 28.10, and excludes tractors, farm vehicles and anything designed primarily for off-road use (45.45.360(6)).
Ready to Resolve Lemon Law Problems?
Understanding lemon laws and handling the process of lemon law claims can be complex for the average individual.
This piece gives a detailed explanation of how to pursue a lemon law claim and what kind of vehicle issues can be considered lemons. It also stresses the importance of legal counsel and representation when dealing with lemon law cases.
Our lemon law attorneys at Easy Lemon have helped many clients resolve their lemon law cases.
Take action today to resolve your lemon law issues and pursue the refund or replacement you deserve. Walk into our office or Contact us for a free consultation and let our experienced attorneys fight for you.
Related: Ohio sets its own thresholds. See the Ohio lemon law requirements.
Frequently Asked Questions
Here are some common questions that people ask about lemon laws along with answers. These should help consumers and prospective clients understand lemon laws and lemon law claims.
How Do I Know If My Car Qualifies Under The Lemon Law?
Your car might be considered a lemon if there's a substantial defect affecting safety, use, or value that the manufacturer cannot fix after making reasonable attempts at repairs (usually 3 or 4 times) or if your car spends an unusually long time in the shop (say 30 or more days) and this happens during the warranty period.
What Are The Steps To Take if I Think My Car Is A Lemon?
If you suspect your car is a lemon, immediately document everything, get it repaired at a franchised dealer, formally notify the manufacturer, and then consult a lemon law attorney to pursue arbitration or a lawsuit for a refund or replacement, as manufacturers have legal teams and you need legal guidance to handle the complex process and potentially get fees covered.
Can I Get A Refund If My Car Is Covered Under The Lemon Law?
Yes, if your car qualifies as a "lemon" according to your state's regulations and the manufacturer is unable to fix substantial defects through a reasonable number of repair attempts, you will generally be eligible for a refund for your purchase price or a new car, along with reimbursement for other related expenses.
Are Used Cars Covered By The Lemon Law?
Yes, used cars can be covered by lemon laws, but it varies significantly by state, often requiring the vehicle to have a remaining manufacturer's warranty, be a Certified Pre-Owned (CPO) vehicle, or fall under specific state-mandated "used car lemon laws" with defined time/mileage limits and substantial defects after multiple repair attempts, with "as-is" sales generally excluded.
How Long Does It Take To Resolve A Lemon Law Case?
Lemon Law cases usually reach settlement in about 3 to 6 months but they can take much longer than that, sometimes up to a whole year or more if litigation is required, depending on factors like how complicated the case is, whether the manufacturer cooperates with the case, and how fast courts or arbitrators move.
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