Lemon Law, Explained
A lemon law is a state law that protects people who buy or lease a vehicle with a serious defect the manufacturer cannot fix. If the manufacturer cannot repair it after a reasonable number of tries, the law can give you a refund or a replacement.
The short versionEvery U.S. state and the District of Columbia has a lemon law, and no two are the same. They share one idea: the manufacturer gets a fair chance to fix a serious problem, and if it cannot, it makes things right.
What makes a vehicle a lemon
The details change from state to state, but most lemon laws look for the same four things.
A problem that substantially affects the vehicle's use, value or safety. A rattle you can live with usually is not enough. Brakes, steering, engine, transmission and electrical failures usually are.
Most laws were written for new vehicles still under the manufacturer's warranty. Some also cover used vehicles, leased vehicles, RVs or motorcycles. Check your state.
The problem must show up, and be reported, within a set period after you buy or lease, often measured in months or miles.
The manufacturer or its dealer has tried and failed: the same problem fixed several times, or the vehicle in the shop for a set number of days.
Here is how three states count it, as shown on our state pages:
| State | Repair attempts | Days out of service | Window to report (from delivery) |
|---|---|---|---|
| New Jersey | 3 | 20 | 18 months |
| New York | 4 | 30 | 24 months |
| California | 2 | 30 | 18 months |
The numbers come from each state's statute and are summarized on its page in the State Law Library. Special rules apply, for example for safety defects, so read your state's page.
What a lemon law can give you
When a vehicle qualifies, the usual remedies are a refund or a replacement, and many cases settle for cash. What You Can Recover Coming soon explains each one.
The purchase price, taxes and fees, less a deduction for the miles you drove.
A comparable vehicle in place of the defective one.
You keep the car and receive money for the defect and the time you lost.
What it costs you
Most lemon law attorneys represent consumers with zero out-of-pocket costs. Thanks to state and federal fee-shifting laws, the vehicle manufacturer is legally responsible for paying your attorney's fees when you win or settle your claim. Always review your specific retainer agreement with your attorney.
How a claim usually works
- Keep every record. Repair orders, dates, the days the vehicle was in the shop, and anything you sent or received.
- Tell the manufacturer in writing. In 19 states the law requires written notice, and a last chance to repair, before you can go further.
- Use the manufacturer's dispute program if your state requires it. Some states require arbitration first, and some run their own program.
- Resolve it or escalate. The manufacturer may offer a refund, a replacement or a settlement. If not, you can go to arbitration, hire a lawyer, or go to court.
LemonIQ's step-by-step path follows this order.
Federal vs state lemon law
There is no single federal lemon law. The federal Magnuson-Moss Warranty Act is a separate route that works alongside your state's lemon law, not in place of it. Many cases rely on one or both.
| What to compare | State lemon laws | Federal Magnuson-Moss Warranty Act |
|---|---|---|
| Covers | New vehicles in every state; used, leased, RVs or motorcycles in some | Any consumer product sold with a written warranty, including a vehicle |
| The test | Often 3 to 4 repair attempts, or about 30 days out of service, within a set window (it varies) | A "reasonable number" of repair attempts, judged case by case |
| What you can get | Refund, replacement, or a cash settlement | Damages for the broken warranty; a refund or replacement where the warranty is a "full" one |
| Where it goes | State court, or a state or manufacturer arbitration program | State or federal court, after any dispute program the warranty requires |
| Attorney's fees | Paid by the manufacturer if you win, in many states (27 in our records) | The court may order the manufacturer to pay them if you win (15 U.S.C. § 2310(d)(2)) |
| Time limit to sue | Many 1 to 3 years, set by each state: check yours | No federal limit of its own; courts use the state's limit for warranty claims, commonly four years |
| Often best when | The defect meets your state's test | The defect misses the state test, but the written warranty was still broken |
General information. Which route fits a particular vehicle depends on the state, the warranty and the repair history.
What usually limits a claim
Check My Car Free
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 (state grades and summaries). Lemon Learn is general information, not legal advice.