New Car Lemon Law

While the process of buying a new car can be fraught with worries and self-doubt, driving our new “baby” off the lot is an exhilarating experience. Let’s face it: for Americans, buying a new car is more than just a shiny exterior, pristine tires, and that wonderful new car smell. The car we drive is part of our identity, and our new car becomes a member of the family. We feel a sense of renewal, as well as the anticipation of road trips to come, memories that will be created, and the sense of well-being that comes with having a reliable set of wheels.

An Unanticipated Journey

But what happens when our little slice of the American dream comes to a screeching halt? When our new beauty won’t start, or conks out on the highway, or starts emitting a whine that grates on our nerves? That sweet, new car feeling turns decidedly sour, and we begin a journey that we never anticipated and that we approach with dread.

If all goes well, we take our car to the dealership and the problem gets fixed. If all doesn’t go well, our lives can turn nightmarish as we spin through a revolving door of dealers’ unfulfilled promises, calling on friends and family members to take us to and from the repair shop, delaying or canceling trips, and maybe even missing work.

The process of waking up and realizing that we’ve bought a lemon is in many ways like the stages of grief: shock, denial, anger, and resolution. The “How can this be happening?” phase gives way to becoming convinced that one more trip to the dealership will solve the problem, and then to lashing out at the car dealer, the manufacturer, and even friends and family members.

Reclaiming Your Life

Thankfully, even if you’ve gone through shock, denial, and anger, there are many avenues open for resolution. All 50 states and the District of Columbia have Lemon Laws that are designed to protect you and enable you to get your lemon car out of your life.

Like most things in life, however, Lemon Laws tend to help those who help themselves. So, if you think you have a lemon, make sure to read and follow Lemon Justice’s Lemon Law Tips. When you do, you can easily prove that you have followed the procedures necessary to classify your new car as a lemon.

Defining New Car Lemons

Although Lemon Laws vary from state to state, when it comes to new cars, Lemon Laws have similar components. (Read the Lemon Law provisions in your state.)Generally speaking, here are the common elements of Lemon Laws:

New Car Coverage: Every Lemon Law covers new cars. (See Used Car Lemon Law, RV Lemon Law , and Motorcycle Lemon Law for other types of vehicles.) Some states define “new” in such a way as to include, either expressly or implicitly, demonstrator (or “demo”) vehicles. Some include low-mileage vehicles that are sold with a new car warranty, and some include leased vehicles. New vehicles are typically defined as those that are used for consumer purposes, even if the vehicle is purchased by a business. So, for example, a refrigeration truck that isn’t usually sold to consumers probably wouldn’t be covered, but a car that is used by a company’s salesperson probably would.

Length of Coverage: Each state has its own definition of a “new” car. Typically, if you’ve owned your vehicle less than two years or have driven it fewer than 18,000 miles (whichever comes first), you’re covered by Lemon Laws.

Defining a Lemon: If you’ve taken your vehicle in multiple times to get the same problem fixed, it’s probably covered by Lemon Law. Although each state is different, most Lemon Laws require that you take your vehicle in for repair between two times (for serious safety defects) and four times (for other types of problems), or that the vehicle is out of service for 30 days. However, many states require a consumer to notify either the car manufacturer or dealer to preserve the consumer’s Lemon Law rights.

Who is Responsible: Typically, the manufacturer is ultimately responsible for a new car that’s a lemon. However, there are times when a dealer is responsible for any losses that might happen because you can’t use your new car, as well as for repairing a new car lemon and for acting on behalf of the manufacturer in aspects of a settlement regarding a new car lemon.

Types of Resolution: If your new car is a lemon as defined by the law, you have a good chance of either having your new car replaced with an identical or comparable model, or receiving a refund for the price you paid, less a deduction for mileage. You may also be reimbursed for costs associated with your lemon, such as towing costs, other damages, and punitive damages. Most Lemon Laws allow the consumer to choose between a replacement and a refund, but some enable the manufacturer to make the choice.

Arbitration: Some states require that you go through arbitration before filing a lawsuit, while others mandate it only if the manufacturer's arbitration process is certified, and still others leave the question of entering arbitration up to the consumer. Furthermore, you are not necessarily bound by the decision of the arbitrator.

It’s important to remember that, even if you’re not covered by your state’s Lemon Law, you may still be able to get resolution from Federal laws, such as the Magnuson-Moss Warranty Act and the Uniform Commercial Code.

Getting Help and Support at No Cost

As you might expect, manufacturers and dealers aren’t eager to replace your new car lemon or give you a refund. Unfortunately, most of them use delay tactics or misdirect you in an attempt to let the clock run out so that you no longer have the protection of Lemon Laws.

You don’t need a Lemon Law attorney in order to file a Lemon Law claim. In many states, the Attorney General has forms you can use to guide you through the process. However, having a Lemon Law lawyer will significantly increase the chances of getting the settlement you deserve. Vehicle manufacturers have powerful legal teams that are adept at avoiding Lemon Law claims, and often only obey the law when they’re faced with the threat of a lawsuit by Lemon Law experts. When they are, they usually settle very quickly, since they know that the cost of going to court will be much higher. For these reasons, it's in your best interest to have an advocate who knows the law and works on your behalf.

A key provision of Lemon Laws is that the car manufacturer or dealer is responsible for paying your attorney’s fees in a successful Lemon Law claim. Therefore, you shouldn’t have to pay anything to a Lemon Law lawyer to handle your case.

When the Nightmare is Over

Consumers who have brought their Lemon Law claims to a successful resolution often report feeling as though the weight of the world is lifted from their shoulders. Although no one should have to go through the hassle and frustration of dealing with a new car lemon, it’s reassuring to know that the law is on your side.