I recently got a call from a consumer whose pricey vehicle was drinking oil at an alarming clip. He inquired whether we would be able to take the case based on the theory that excessive oil consumption in his vehicle is a defect in manufacture. 

It seemed to him like a no-brainer, but things aren’t always what they seem. That’s because in most states, to qualify for lemon law, the defect must be more than minor or annoying.  Instead, it must substantially affect the use, safety or value of the vehicle in question.

Like all things in life, car defects fall on a spectrum, from minor to significant.  On the minor end of the spectrum, I’d put various squeaks, rattles, noises, and cosmetic defects.  While annoying, these will usually not qualify under lemon law, unless they are symptomatic of a larger mechanical problem. On the other end of the spectrum lie various water leaks, fluid leaks, transmission malfunctions, engine failures, electrical screwups etc etc. Then there is everything in the middle. 

So the bottom line is this: to qualify as a true lemon vehicle, the car must have something seriously wrong it.  But what of the fellow with the leaking luxury mobile? We took the case. It turned out there was an oil leak in the engine after all, and we’ll be litigating the case in New Jersey in the coming months