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A "lemon law" is a consumer protection statute intended to provide a specific remedy for defects in the quality or function of motor vehicles. The term describes a defective vehicle as a "lemon." There is one main federal law covering such purchases, but it is state law that covers the vast majority of complaints. Although state laws vary in types of vehicles covered, they generally include all new vehicles and (with more limited application) used vehicles, trucks, motorcycles, and non-living areas of motor homes.
To qualify for protection under most state lemon laws, a purchaser must prove that (1) during the purchased car's warranty period, the purchaser reported a malfunction or defect to the manufacturer or authorized representative (e.g., the dealership); (2) the defect or malfunction was serious and substantially impaired the car's usefulness, functionality, and value; and (3) the manufacturer or dealer was unable to correct the defect/malfunction after a specified number of attempts (usually three or four) within a specified period of time.
The federal Magnuson-Moss Warranty Act protects buyers of products that cost more than $25 and come with express written warranties. It covers all products that malfunction or do not perform as they should. The Act's purview includes vehicles, guaranteeing that certain minimum warranties are met and that the provisions of the vehicle warranties are disclosed prior to purchase. Under the Act, which includes vehicles that are "lemons," purchasers must be given the choice of either a refund or a replacement if the products are defective. State laws further modify this protection by providing conditions under which a manufacturer has the opportunity to repair the defect before being required to refund or replace it.
State laws differ greatly in the scope of covered "vehicles," but most allow only three or four unsuccessful attempts to repair the product (unless the defect could cause death or serious injury). Clearly, the intent of the various provisions is to limit the number of days a purchaser is deprived of use of the purchased product, and the number of times it must be returned for repair of the same defect.
In the interest of fairness, many states allow an off-set for a consumer's use of a vehicle prior to making a lemon law claim, either by number of miles used or length of time the vehicle performed without defect. Finally, some states do permit the recovery of reasonable attorney's fees if the filing of a lemon law action is necessary.
ALABAMA: Covers vehicles for 12,000 miles or one year. Excludes motor homes or vehicles weighing more than 10,000 lbs. Must have been three repair attempts or 30 calendar days out of service.
ALASKA: Covers vehicles for their express warranty period or one year, whichever occurs first. Excludes tractors, farm vehicles, motorcycles, and off-road vehicles. Must have been three repair attempts or 30 calendar days out of service.
ARIZONA: Covers vehicles for their express warranty period or two years or 24,000 miles, whichever occurs first. Vehicles under 10,000 lbs. as well as self-propelled vehicles and a chassis of a motor home are all covered under the statute. Must have been four repair attempts or 30 calendar days out of service.
ARKANSAS: Covers vehicles two years or 24,000 miles, whichever occurs last. Covers leased as well as purchased vehicles. Excludes the living facilities of a mobile home or vehicles over 10,000 lbs. Excludes motorcycles and mopeds. Must have been one repair attempt for a defect that may cause death or serious injury; otherwise, three repair attempts or 30 calendar days out of service.
CALIFORNIA: Covers vehicles (including a dealer-owned vehicle used as a "demonstrator") for 18 months or 18,000 miles, whichever occurs first. Excludes the living facilities of a mobile home, motorcycles, off-road vehicles. Must have been two repair attempts for a defect that may cause death or serious injury; otherwise, four repair attempts or 30 calendar days out of service.
COLORADO: Covers vehicles sold within the state and used to carry not more than ten persons for the express warranty period or one year, whichever occurs first. Excludes motor homes and motorcycles. Must have been four repair attempts or 30 business days out of service.
CONNECTICUT: Covers sold and leased vehicles for two years or 18,000 miles, whichever occurs first. Excludes agricultural tractors. Must have been four repair attempts (two if involving serious hazard) or 30 calendar days out of service.
DELAWARE: Covers purchased, leased, or registered vehicles for their express warranty period or one year, whichever occurs first. Excludes motorcycles, and living facilities of motor homes. Must have been four repair attempts or 30 business days out of service.
DISTRICT OF COLUMBIA: Covers sold or registered vehicles for two years or 18,000 miles, whichever occurs first. Excludes buses, motorcycles, motor homes and recreation vehicles. Must have been four repair attempts or 30 days out of service.
FLORIDA: Covers vehicles leased, sold, or transferred in the state for 18 months or 24,000 miles, whichever occurs first. Excludes mopeds, motorcycles, living quarters of recreation vehicles, and off-road vehicles. Must have been three repair attempts or 30 calendar days out of service.
GEORGIA: Covers both leased and purchased vehicles for their 12,000 miles or one year, whichever occurs first. Excludes motorcycles, living quarters or office/commercial spaces of motor homes, and trucks weighing more than 10,000 lbs. Must have been one repair attempt for a serious safety defect in the braking or steering systems; otherwise, three repair attempts or 30 calendar days out of service.
HAWAII: Covers vehicles (including a dealer-owned vehicle used as a "demonstrator") for their express warranty period, two years, or 24,000 miles, whichever occurs first. Excludes mopeds, motorcycles, motor scooters, and dwelling quarters of mobile homes. Must have been one repair attempt for a serious safety defect in the braking or steering systems; otherwise, three repair attempts or 30 business days out of service.
IDAHO: Covers vehicles for their express warranty period or one year, whichever occurs first. Excludes tractors, house trailers, motorcycles, and vehicles weighing more than 12,000 lbs. Must have been four repair attempts or 30 business days out of service.
ILLINOIS: Covers vehicles under 8,000 lbs. and recreation vehicles for one year or 12,000 miles, whichever occurs first. Excludes camping and travel trailers and motorcycles. Must have been four repair attempts or 30 business days out of service.
INDIANA: Covers vehicles for 18 months or 18,000 miles, whichever occurs first. Excludes conversion vans, motor homes, all tractors, motorcycles, mopeds, snowmobiles, and off-road vehicles. Must have been four repair attempts or 30 business days out of service.
IOWA: Covers purchased or leased vehicles for two years or 24,000 miles, whichever occurs first. Excludes motorcycles, mopeds, motor homes or vehicles weighing more than 10,000 lbs. Must have been one repair attempt for a defect that may cause death
KANSAS: Covers sold and registered vehicles under 12,000 lbs. for their express warranty period or one year, whichever occurs first. Must have been four repair attempts or 10 repair attempts for different defects; otherwise, 30 calendar days out of service.
KENTUCKY: Covers vehicles purchased or leased in the state and owned by Kentucky residents for one year or 12,000 miles, whichever occurs first. Excludes conversion vans, farm vehicles, motorcycles, mopeds, motor homes, and vehicles with more than two axles. Must have been four repair attempts or 30 days out of service.
LOUISIANA: Covers sold vehicles for their express warranty period or one year, whichever occurs first. Excludes motorcycles, motor homes, and commercial vehicles. Must have been four repair attempts or 30 calendar days out of service.
MAINE: Covers sold or leased vehicles for two years or 18,000 miles, whichever occurs first. Excludes commercial vehicles over 8,000 lbs. or business enterprises registering three or more motor vehicles. Must have been three repair attempts or 15 business days out of service.
MARYLAND: Covers purchased vehicles for 15 months or 15,000 miles; leased vehicles for 12 months or 12,000 miles, whichever occurs first. Excludes fleets of five or more vehicles, and certain motor homes. Must have been one repair attempt for a serious safety defect in the braking or steering systems; otherwise, four repair attempts or 30 calendar days out of service.
MASSACHUSETTS: Covers vehicles for oneyear or 15,000 miles, whichever occurs first. Excludes commercial vehicles, motorized bicycles, motor homes, and off-road vehicles. Must have been three repair attempts or 15 business days out of service.
MICHIGAN: Covers vehicles for their express warranty period or one year, whichever occurs first. Excludes fleets of ten or more vehicles, buses, trucks, motor homes, vans. Must have been four repair attempts or 30 business days out of service.
MINNESOTA: Covers sold or leased vehicles for their express warranty period or two years, whichever occurs first. Must have been one repair attempt for a serious safety defect in the braking or steering systems; otherwise, four repair attempts or 30 business days out of service.
MISSISSIPPI: Covers vehicles for their express warranty period or one year, whichever occurs first. Excludes motorcycles, mopeds, customized portions of motor homes, and off-road vehicles. Must have been three repair attempts or 15 business days out of service.
MISSOURI: Covers vehicles for their express warranty period or one year, whichever occurs first. Excludes commercial vehicles, motorcycles, mopeds, and RVs, except for chassis, engine, or powertrain components. Must have been four repair attempts or 30 business days out of service.
MONTANA: Covers sold vehicles for two years or 18,000 miles, whichever occurs first. Excludes trucks weighing more than 10,000 lbs., motorcycles, and living quarters of motor homes. Must have been four repair attempts or 30 business days out of service.
NEBRASKA: Covers sold vehicles for their express warranty period or one year, whichever occurs first. Excludes self-propelled motor homes. Must have been four repair attempts or 40 days out of service.
NEVADA: Covers vehicles for their express warranty period or one year, whichever occurs first. Excludes motorjhomes or off-road vehicles. Must have been four repair attempts or 30 calendar days out of service
NEW HAMPSHIRE: Covers purchased or leased vehicles under 9,000 lbs. for one year beyond their express warranty period or final repair attempt. Excludes tractors, mopeds, and off-road vehicles. Must have been three repair attempts or 30 business days out of service.
NEW JERSEY: Covers purchased, leased, or registered vehicles for whichever occurs first. Excludes living quarters of motor homes. Must have been three repair attempts or 20 calendar days out of service.
NEW MEXICO: Covers sold and registered vehicles under 10,000 lbs. miles for express warranty period or one year, whichever occurs first. Must have been four repair attempts or 30 business days out of service.
NEW YORK: Covers purchased and leased passenger vehicles for two years or 18,000 miles, whichever
NORTH CAROLINA: Covers vehicles for two years or 24,000 miles, whichever occurs first. Excludes house trailers but includes motorcycles. Must have been four repair attempts or 20 calendar days out of service during any 12 month period.
NORTH DAKOTA: Covers vehicles under 10,000 lbs. miles for their express warranty period or one year, whichever occurs first. Excludes house cars and motocycles. Must have been three repair attempts or 30 business days out of service.
OHIO: Covers vehicles for 18,000 miles or one year, whichever occurs first. Excludes business or commercial fleets registering three or more vehicles and living quarters of motor homes. Must have been one repair attempt for defect likely to cause death or serious injury or three repair attempts for same defect or 8 total repairs or 30 calendar days out of service.
OKLAHOMA: Covers vehicles under 10,000 lbs. for their express warranty period or one year, whichever occurs first. Excludes living quarters of mobile homes. Must have been four repair attempts or 45 days out of service.
OREGON: Covers sold or purchased vehicles for 12,000 miles or one year, whichever occurs first. Must have been four repair attempts or 30 business days out of service.
PENNSYLVANIA: Covers purchased and registered vehicles for one year or 12,000 miles, whichever occurs first. Excludes motor homes, motorcycles, and off-road vehicles. Must have been three repair attempts or 30 calendar days out of service.
RHODE ISLAND: Covers sold or leasedvehicles under 10,000 lbs for one year or 15,000 miles, which-ever occurs first. Excludes motorized campers. Must have been four repair attempts or 30 calendar days out of service.
SOUTH CAROLINA: Covers sold and registered non-commercial vehicles for 12,000 miles or one year, whichever occurs first. Excludes living quarters of recreational vehicles, trucks over 5,000 pounds, motorcycles, and off-road vehicles. Must have been three repair attempts or 30 calendar days out of service.
SOUTH DAKOTA: Covers vehicles for 12,000 miles or one year, whichever occurs first. Excludes tractors, farm vehicles, motorcycles, and off-road vehicles. Must have been four repair attempts plus a final attempt.
TENNESSEE: Covers Class "C" vehicles under 10,000 lbs. for their express warranty period or one year, whichever occurs first. Excludes motor and garden tractors, motor homes, motorcycles, and off-road vehicles. Must have been three repair attempts or 30 calendar days out of service.
TEXAS: Covers vehicles with two or more wheels, also covers engine transmissions and rear axles, for their express warranty period or one year, whichever occurs first. Must have been four repair attempts (two attempts for a serious hazard) or 30 days out of service.
UTAH: Covers new vehicles under 12,000 lbs. for their express warranty period or one year, whichever occurs first. Excludes truck and farm tractors, living quarters of motor homes, motorcycles, and off-road vehicles. Must have been four repair attempts or 30 calendar days out of service.
VERMONT: Covers purchased or registered vehicles for their express warranty period only. Excludes tractors, highway-building equipment and road-making appliances, motorcycles, mopeds, snowmobiles, and the living quarters of RVs. Must have been three repair attempts or 30 calendar days out of service.
VIRGINIA: Covers purchased and lease-purchased vehicles for 18 months. Must have been three repair attempts or 30 calendar days out of service, or one attempt for a serious defect.
WASHINGTON: Covers leased or purchased vehicles for two years or 24,000 miles, whichever occurs first. Excludes buses, vehicles in fleets of ten or more, living quarters of motor homes, and trucks weighing more than 19,000 lbs. Must have been two repair attempts for the same serious safety defect, one of which occurred during the manufacturer's warranty period; otherwise, four repair attempts or 30 calendar days out of service, 15 of which occurred during the manufacturer's warranty period.
WEST VIRGINIA: Covers vehicles for their express warranty period or one year, whichever occurs first. Must have been three repair attempts (or one attempt if it involved a condition likely to cause death or serious bodily injury) or 30 calendar days out of service.
WISCONSIN: Covers purchased, leased, or transferred vehicles for their express warranty period or one year, whichever occurs first. Excludes mopeds, semi-trailers, or trailers designed to be used with trucks or truck-tractors. Must have been four repair attempts or 30 days out of service.
WYOMING: Covers sold or registered vehicles under 10,000 lbs. for one year. Must have been three repair attempts or 30 business days out of service.
"State Lemon Law Summary." Available at http://www.autopedia.com.
1424 16th St. NW, Suite 604
Washington, DC 20036 USA
Phone: (202) 387-6121
Fax: (202) 265-7989
URL: www.cfa.org
