Any vehicle which falls within the category of your state lemon law, where any defect[s] is/are not repaired within the required number of attempts or requiredamount of time. Note: Your vehicle does NOT have to be breaking down to be considered a lemon.

What do I do if I think I have a Lemon Law Claim?

Check the vehicle’s warranty to determine recourse
Attempt to resolve the problem with your dealer.
Provide Notice Of Claim to the manufacturer.
Attend a Manufacturer Certified Arbitration Board Hearing [if available] - if that fails to satisfy
Contact an attorney to file a claim with a Court of Law

Does Lemon Law apply to Used Vehicles?

If the warranty was still running at the time your purchased, and you made at least one unsuccessful warranty claim before the warranty ended, you may be entitled to compensation for breach of warranty.

If not, there are some instances where you may be entitled to compensation under various laws. In addition, your vehicle may:

Be a laundered lemon - have prior history of mechanical problems known to the seller
Be salvaged or wrecked
Have a rolled back odometer
Previously have been a rental car, police car, taxi, etc.
Have been rebuilt from stolen or stripped cars
Have been Involved in a flood, chemical contamination or other element that hastens the normal deterioration of the car.

Who pays the legal fees?

If your case settle, all fees and costs are paid by the manufacturer. Lemon Law legal firms generally do not charge you ANYTHING for your Lemon Law claim.

What if I start having problems after the Lemon Law Rights Period finishes?

You may still be entitled to compensation. There are laws, other than Lemon Law, which also govern warranties, including Federal Law. Contact an attorney.

If my vehicle has already been "repaired" several times, should I keep taking it back to be repaired again?

That depends upon each case and the repair criteria stated in your state Lemon Law. If your vehicle is dangerous, and you need to use it, take it back for further repair.

If not, leave it as it is and contact an Attorney. Many of the manufacturers will want to inspect your vehicle as it is. You have a much better chance of obtaining the relief you seek if you can demonstrate a defect.

What do I do if the Dealer or Manufacturer refuse to repair my vehicle?

In this case, you may also have a claim. The manufacturer warranty requires the dealer to do repair work. If the dealer and/or the manufacturer then refuse to do the repair work, you may have a claim under the Lemon Law, Federal Warranty Law and/or other laws.

What documents do I need to make a claim under Lemon Law?

Notices of repair [written complaints] given by you to the repairer - see format
Repair orders given to you by the repairer after each repair. Insist on these each occassion. In many states it is law that you are provided with these repair orders.
Any other related information and evidence, such as appointment diaries etc.

What is Arbitration?

Most State Lemon Laws provide for manufacturers to set up arbitration programs. These programs receive consumers' complaints and supposedely resolve legitimate claims before lawsuits are filed with a Court of Law. The program is certified by the Attorney General, the case must proceed through such a program before it may be filed with a Court of Law.

Should I go through Arbitration before hiring an Attorney?

There is no requirement that you go through arbitration prior to seeking the assistance of a lawyer. However, if the manufacturer of your vehicle has a "state certified" arbitration program, you must attempt to claim under this program before filing a claim in a Court of Law. If you are not satisfied with the outcome of the arbitration program, you may proceed with filing your case with the Courts.

What remedy do I get for a Lemon Law Claim?

The ideal settlement is your money back or a new car, also known as a “buy back” or a “repurchase.” A lot of cases are settled under breach of warranty, rather than Lemon Law, allowing you to receive compensation AND maintain ownership of the car. Attorney fees and costs are paid by the manufacturer.

Who pays the legal fees?

All fees and costs are paid by the manufacturer. There is no fee or cost to you for legal services.

Are most claims settled satisfactorily?

Yes, nearly all cases settle to the satisfaction of both parties.

Do I need an Attorney?

Unless you are making claim to a settlement board, set up specifically to handle Lemon Law claims, get an attorney. They cost you nothing, and ensure that you take all the correct steps to ensure a fast and full remedy.

A manufacturer less to drag out a claim when an attorney is representing the consumer.

What is a Breach of Warranty case?

Breach of warranty is similar, but less clearly defines as Lemon Law. Nor are the remedies, so consult a qualified attorney to decide whether to take action under the warranty or under Lemon Law.

What if I was mislead or lied to prior to the purchase of the vehicle?

Misrepresentation falls under laws other than just Lemon Law. You may be entitled to remedies several times in excess of the actual loss suffered. Contact your Attorney.

How do I chose a good Attorney?

Find a law office that specialises in ONLY consumer law. The manufacturer will most likely already know the law firm, and know that they will succeed, hence the manufacturer will not frustrate the claim and settle promptly.