Lemon Law Information

In 1982, California became the first state to pass a law guaranteeing relief to consumers who purchased a new vehicle that suffered from recurring mechanical problems. Prior to that, consumers had a difficult time obtaining relief when they purchased a car that would not operate reliably even when new. The California lemon law began a new era in consumer rights.

Connecticut followed with a similar law, and since 1993, all 50 states now offer consumers protection if they buy a car that turns out to be a “lemon.” Such laws are referred to as “lemon laws.”

The laws, of course, vary slightly from state to state, but the laws generally define a “lemon” as a new vehicle that:

Has required dealer maintenance for the same repair at least four times,
Has been incapable of operation for a total of 30 days during the first 12 (or in some states, 24) months or 12,000 miles (sometimes 18,000 miles.)

These problems generally must be major defects that affect the vehicle’s safety, reliability or value. An engine with a block that repeatedly cracks will qualify; a faulty stereo may not.
 

What you can do if you think your car is a lemon

• Read your vehicle’s owner’s manual carefully. Your manual will outline the terms of your car’s warranty, both in terms of time and miles. In addition, your manual will provide the maintenance schedule for your vehicle. It is very important that you follow the maintenance schedule, as your failure to properly maintain your car may disqualify you from any recourse you may have with your car’s manufacturer.
   
• Your vehicle must be a personal vehicle, and not used for business. Business vehicles are exempt from most, if not all, state lemon laws.
   
• Document your problems carefully. Keep all receipts related to vehicle repairs. Keep records of your conversations with personnel from the dealership, whether you speak with them in person or on the telephone. Be sure that you record the date, the time, the name and title of the person with whom you spoke, and the details of the conversation. Most states require that a vehicle be under repair for a certain number of days within a certain amount of time in order to qualify as a lemon. Make sure that you have documentation to support your claim.

• Be certain to place your complaints in writing, and make sure that the work order describes the problem exactly the way you described it. 
   
• Keep records each time your car is repaired, including dates, times, odometer reading and who worked on the car.
   
• Contact your vehicles manufacturer in writing. The responsibility for resolving recurring problems during the warranty period belongs to the manufacturer. Make certain that they are informed.
   
• You may wish to consult with an attorney. While it’s not required, an attorney who specializes in defective automobile claims may be an asset, as the laws and processes governing defective vehicles can be cumbersome and difficult for the layman. Many attorneys will offer an initial consultation for little or no fee, and if they choose to accept your case, will work on a contingency basis, collecting a portion of your judgement.
   
• You may also wish to contact the Attorney General’s office in your home state. The Attorney General is responsible for enforcing lemon laws and his/her office will have the most current information regarding your state’s particular lemon law.