Lemon Law Information

Think your Car is a Lemon? Your State may agree, but maybe not to your liking. See how your State defines what a Lemon is and if your Car and its Repair History qualify.

Nearly all State Lemon Law Statutes are similar to the Federal Magnuson-Moss Warranty Act which makes breach of warranty a violation of federal law. All States have enacted their own Warranty Acts and many States have enacted specific Statutes that pertain to Automobile Warranties. If your car is not considered a "lemon" in your State, you do have other recourses.

What is a Lemon?
A vehicle that continues to have a defect that substantially impairs its use, value, or safety. Generally, if the car has been repaired 4 or more times for the same Defect within the Warranty Period and the Defect has not been fixed, the car qualifies as a Lemon. All States differ so you should consult the Lemon Law Summary and the State Statutes for your particular State. Note that the warranty period may or may not coincide with the Manufacturer's Warranty.

Do I have a Lemon?
If the paint is peeling, the light switch came out when you pulled on it, the car makes "funny noises" but otherwise drives just fine, or you found 10 things you don't like about your new car but none of them prevent you from driving it, then No, you do not have a Lemon. If the brakes don't work, the car won't go into reverse gear, the darn thing won't start on cold mornings or hot afternoons, the rear door opens all by itself, the driver's seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then Yes, you may have a Lemon. Providing you've given the manufacturer an opportunity to repair the defect. In most States, 10 different defects during the Warranty Period does not brand the car as a Lemon. In some States, a single defect that might cause Serious Injury makes your car a Lemon if the manufacturer cannot fix the problem within 1 attempt. You may have a Lemon, but if you do nothing to protect your Consumer Rights, such as documenting your Repairs and allowing the Manufacturer a chance to fix the problem(s), you lose all rights under the various State Warranty Acts.
Do I need a Lawyer?
The answer depends upon which State you Purchased or Registered your car in. In some States and with proper documentation, you simply file a Complaint. In other States, you will need to hire an Attorney.

Who pays the Lawyer?
Only about half of the States allow you to recover Attorney Fees. If your Attorney sues under the Magnuson-Moss Warranty Act, you will be awarded Attorney Fees if you win. Note that an Attorney's Fee is based upon actual time expended rather than being tied to any percentage of the recovery. In some States, you must pay the manufacturer's Attorney Fees if you lose.