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 cover significant, unfixable manufacturing defects (nonconformities) in new (and sometimes used) vehicles that substantially impair the car’s safety, value, or use, like engine, transmission, or brake failures, after a reasonable number of repair attempts or days in the shop.
While most focus on cars, federal law and some states cover other warranted consumer products, but state laws vary, so checking your specific state’s rules is important for issues like persistent electrical problems, steering defects, or structural damage.
At Easy Lemon we draw on years of experience handling lemon law claims to 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 will explain what makes a car a lemon and what types of vehicles are covered by the lemon law. It will also explain how lemon laws benefit consumers and what challenges may arise during 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” refers to a defective motor vehicle or consumer product that fails to meet quality and performance standards and cannot be repaired after a reasonable number of attempts by the manufacturer or its authorized dealer. Lemon laws, therefore, provide a remedy to most consumers who purchase a defective product, typically a new vehicle, that fails to meet quality standards and cannot be repaired after a reasonable number of repairs. Most lemon laws require that the vehicle’s express warranty cover the defect for a claim to be valid.
The scope of coverage focuses on substantial defects that impair the vehicle’s use, safety, or value. While primarily associated with new cars, trucks, SUVs, and motorcycles, some states also extend coverage to used or leased vehicles (if still under the manufacturer’s warranty), motor homes (chassis/drivetrain), and, in rare cases, other consumer goods like appliances or even pets.
Also, the defect must be covered by the manufacturer’s warranty and must be reported within a specific timeframe (time period) or mileage limit, which varies by state (e.g., 12-24 months or 12,000-24,000 miles).
Consumers must report a defect within the warranty period or a set amount of time, typically ranging from one to two years after the vehicle purchase.
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 cover mechanical and drivability issues. Examples of these mechanical issues include persistent engine problems (e.g., overheating, knocking, excessive oil consumption), transmission failure, slipping gears or hard shifting, fuel system malfunctions (e.g., fuel leaks, issues with fuel pumps), and suspension problems.
Electrical and other system failures are also covered by lemon laws. Electrical system failures include faulty wiring, malfunctioning climate control (A/C and heating), and persistent water leaks. Also, common electrical issues may involve persistent battery drain and malfunctioning infotainment systems.
How Do Lemon Laws Identify Eligible Problems?
Lemon laws identify problems by focusing on substantial defects that aren’t fixed after a reasonable number of repair attempts. To determine if a vehicle problem qualifies under the lemon law, several key criteria, which can vary slightly by state, must generally be met.
The core requirements center on the nature of the defect, the number of repair attempts, and the timeframe in which the issues occurred. The time limits for lemon law claims vary by state, with some states allowing claims for up to four years after the 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.
The vehicle’s manufacturer must have made a reasonable number of repair attempts to fix the vehicle for the vehicle to qualify as a lemon vehicle.
This means the manufacturer or its authorized dealership must be given a reasonable number of opportunities to fix the problem, and they must have failed to do so.
For most non-safety defects, this is often defined as four or more repair attempts for the same problem. On the other hand, for a serious safety defect like one that causes death or serious bodily injury (such as brake or steering failure), this threshold may be lower, sometimes only two unsuccessful repair attempts.
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 last key criterion is Documentation and Notification, which means the consumer must have careful records of all repair attempts, including dates, a description of the problem, and the outcome.
Many laws also require that the manufacturer be formally notified in writing of the persistent issue and given one final chance to repair it before a claim can be pursued. The Lemon Law applies to passenger vehicles, sport utility vehicles, pickup trucks, and vans purchased or leased in Michigan.
Lemon laws are primarily state laws, so the specifics of these criteria can differ across jurisdictions. While most laws focus on new vehicles, some states also extend protections to used cars, particularly 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 documenting defects, giving the manufacturer chances to repair, formally notifying them in writing, and potentially hiring an attorney to negotiate or file a lawsuit for a refund or replacement, with steps varying slightly by state but generally following these core actions.
The key steps involved in a lemon law claim include knowing your state’s law, which basically means understanding the specific requirements of your state in particular.
The next step involves documenting everything, which is keeping detailed records of all vehicle issues, repair attempts (invoices, dates), and communications (emails, letters, call notes) with the dealer/manufacturer.
The next action is to provide opportunity to repair; this means you need to allow the manufacturer a reasonable number of attempts (often 3+) to fix the warranty-covered defect.
After that, you need to notify the manufacturer by sending a formal, written notification (often a demand letter) detailing the persistent issues, referencing previous repairs, and stating your desired remedy (buyback 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.
At this point, your attorney will formally file the claim or engage in negotiations (mediation/arbitration) to seek a resolution like a refund or replacement vehicle.
If negotiations don’t work, the next course of action would be litigation. If negotiations fail, the process may move to filing a formal lawsuit, with discovery and potential trial, although most cases settle.
How Do Lemon Laws Benefit Consumers?
Lemon laws benefit consumers by providing legal recourse for buying defective vehicles, so they get a refund, replacement, or costly repairs covered; they also protect consumers from financial loss and major headaches and pressure manufacturers to improve quality control, which leads to more reliable cars for everyone.
They offer a clear path to justice when a new car has persistent, unfixable safety or performance issues, preventing consumers from being stuck with an unsafe or worthless “lemon.”
In essence, lemon laws provide substantial advantages to consumers by offering a powerful legal safety net when they unknowingly purchase products, most often vehicles, that have significant, unfixable defects.
These laws ensure consumers are not left with worthless or unsafe goods and hold manufacturers accountable for the quality of their products.
Key advantages the lemon laws provide for consumers include financial protection 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.
The benefit could also be cash compensation for repairs, expenses, and the stress associated with the defective product. It could also be a reimbursement for incidental expenses incurred during the repair process, such as towing costs and rental car fees.
Another advantage consumers gain from lemon laws is accessibility to legal help. This is a valuable feature of many state and federal lemon laws, mainly due to their provision that the manufacturer is responsible for paying the consumer’s attorney’s fees if the consumer wins the case. This makes experienced legal counsel accessible to average consumers who might otherwise be unable to afford a legal battle against a major corporation. Lemon laws also provide protection and legal recourse to consumers by leveling the playing field between individual consumers and large manufacturers. They provide a structured, often simpler legal process, including options for arbitration, which can be faster and less complicated than going to court.
The arbitration process for lemon law disputes is typically free for consumers in states that offer such programs. The arbitration process can take a significant amount of time, often ranging from 70 to 100 days before a consumer can resolve their lemon law claim.
After an arbitration hearing, the arbitrator will decide whether a consumer’s claim meets the requirements under the lemon law. Lemon laws incentivize quality and safety.
The existence of lemon laws creates significant financial incentives for manufacturers to invest in strong quality control and safety standards to avoid costly buybacks and replacements. This benefits all consumers by improving the overall quality and reliability of products in the marketplace.
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 establishing clear rights and remedies, lemon laws build consumer confidence in the marketplace, assuring buyers that they have recourse if a major purchase goes sour.
Consumers facing issues with a new motor vehicle should consult their state’s specific lemon law information or an attorney to understand their eligibility for 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 challenges include burden of proof, in which the consumer has the responsibility to prove that the vehicle has a persistent, warranty-covered defect that substantially impairs its use, value, or safety.
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 take steps to avoid complying, such as blaming the problems on consumer misuse, unauthorized modifications, or inadequate maintenance. Dealers may also downplay the issue, claim the problem “could not be duplicated,” or offer lowball settlements.
Time limits are also a common challenge that may arise during lemon law claims. Each state has a specific statute of limitations for filing a lemon law claim, which usually starts when the problem first occurs or within a certain period after purchase.
Missing this deadline can result in losing all rights to file a claim. Some state laws or manufacturer programs require consumers to go through an informal dispute resolution or arbitration program (like the BBB Auto Line Program) before pursuing a lawsuit. These arbitration requirements processes can sometimes be slow or result in 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 laws is also a common challenge in lemon law claims. Many consumers mistakenly assume a single federal lemon law exists, are unaware of specific state requirements (e.g., number of repair attempts), or misunderstand protections for used cars (which may be covered by the Magnuson-Moss Warranty Act or specific state used car laws).
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 legal teams experienced in handling these claims, putting unrepresented consumers at a disadvantage. Hiring a lemon law attorney can help handle these challenges, as many work on a contingent basis where the manufacturer pays the attorney’s fees if the claim is successful.
How Does Each State Define a Qualifying Defect?
The threshold test is written differently in each statute, and the wording decides cases. Alabama asks whether the condition significantly impairs the use, value or safety, and it must arise solely in ordinary use, which carves out abuse, neglect, unauthorized modification and post-delivery accident damage (Ala. Code 8-20A-1(6)).
Louisiana asks whether the defect substantially impairs the use, market value, or both (La. R.S. 51:1941(7)). Read that twice: safety is not in the Louisiana test. Alaska defines both limbs outright.
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 excludes motor homes and anything with a 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 article provides a detailed explanation of the steps involved in a lemon law claim, how to identify which vehicle problems qualify as lemons, and also the importance of having legal advice and legal representation during a lemon law case.
With several years of experience, 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 secure 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
Below are some frequently asked questions in our experience, concerning lemon law generally and their answers. These answers would help enlighten consumers and prospective clients about lemon laws, lemon law cases, and also lemon law claims.
How Do I Know If My Car Qualifies Under The Lemon Law?
Your car likely qualifies as a lemon if it has a substantial defect (safety, use, or value-affecting) that the manufacturer can’t fix after a reasonable number of repair attempts (often 3-4), or if the car spends an excessive amount of time in the shop (e.g., 30+ days), all occurring while the vehicle is under warranty.
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 specialized 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” under your state’s laws, you are typically entitled to a refund (buyback) of your purchase price or a replacement vehicle, plus reimbursement for related costs, after the manufacturer fails to fix substantial, unrepairable defects within a reasonable number of attempts.
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?
A lemon law case typically takes a few months (3-6 months on average) to resolve through settlement, but can extend to a year or more if litigation is required, depending on factors like the case’s complexity, the manufacturer’s cooperation, and the efficiency of the courts or arbitration.
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