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Does Your Car Qualify?

Most lemon claims turn on five questions: is the vehicle covered, is the problem serious, is the warranty still in effect, has the manufacturer had enough chances to fix it, and have you told the manufacturer in writing. Answer them in order.

The short versionYou usually qualify when a covered vehicle has a serious defect, under warranty, that the manufacturer has failed to fix after your state's number of repair visits or days in the shop, inside your state's time window. Your state sets the exact numbers.

The five-question check

Five questions, in order

If you can answer yes to all five, your car is worth a closer look. If one is a no or a maybe, the notes under it say what to check.

1Is the vehicle covered?

Most laws cover new vehicles bought or leased for personal use. Some also cover used vehicles, leases, RVs, motorcycles, or business use. Check your state.

2Is the problem serious?

It should substantially affect how the vehicle works, what it is worth, or whether it is safe. Brakes, steering, engine, transmission and electrical faults usually count. Small annoyances usually do not.

3Is it under warranty?

The defect must be one the manufacturer's warranty covers, and it must appear within your state's time window, which is counted from delivery, in months, miles, or whichever comes first.

4Has it had enough chances?

Your state counts a set number of repair visits for the same problem, or a set number of days the vehicle was in the shop. Many states use a shorter test for serious safety defects.

5Did you tell the manufacturer?

In 19 states the law requires written notice, and a last chance to repair, before you can go further. Even where it is not required, a written notice protects you.

How the numbers work

What counts, and what usually does not

States differ, so treat this as a guide and check your state's page.

What to compareUsually countsUsually does not count
A repair attemptA visit to an authorized dealer or repair facility for the same problem, even if the shop could not find it. Keep the repair order that shows you reported it.A visit for a different problem, or a repair done at an independent shop.
Days out of serviceDays the vehicle is at the shop for warranty repairs of the defect, added together.Days for routine maintenance, or for damage the defect did not cause. Whether weekends count varies by state.
The problemA defect in how the vehicle was built or designed that affects use, value or safety.Normal wear (tires, brake pads), accident damage, misuse, or changes you or someone else made.
The warrantyThe problem is one the manufacturer's warranty covers, and it appeared while the warranty was in effect.A problem that first appeared after the warranty or your state's window ended.
Quick reference

How six states count it

The same numbers as on each state's page. Open yours for the full rules, including special cases.

StateRepair attemptsDays out of serviceWindow to report (from delivery)
New Jersey32018 months
New York43024 months
California23018 months
Texas43024 months
Florida31524 months
Ohio33012 months

All 51 are in the State Law Library.

Gather these

What to have ready

  • Every repair order, with dates and the mileage in and out
  • Your purchase or lease contract and the date you took delivery
  • The warranty booklet or terms
  • A list of the days the vehicle was at the shop
  • Emails, texts and letters between you, the dealer and the manufacturer
  • Photos or video of the problem, if you have them
If you fall short

If you do not meet your state's test

Missing the state numbers does not always end the matter. The federal Magnuson-Moss Warranty Act is a separate route that looks at whether a written warranty was broken after a reasonable number of repair attempts. See the chart in Lemon Law, Explained. A free case check shows where you stand.

Common mistakes

  • Throwing away repair orders, or accepting a repair order that does not list your complaint
  • Having repairs done at an independent shop while the defect is still being fixed under warranty
  • Waiting until the time window has passed
  • Making changes to the vehicle that the manufacturer could blame for the problem
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Sources. State lemon law statutes (cited on each state page); the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312; the Center for Auto Safety, autosafety.org. Lemon Learn is general information, not legal advice.