Your new car keeps breaking down despite multiple repair attempts. You may have bought a “lemon”—a vehicle with substantial defects that can’t be fixed. Every state has a lemon law designed to protect consumers, potentially entitling you to a replacement vehicle, refund, or cash settlement. Understanding these laws is key to getting relief.
Quick Answer
Yes, you may be able to pursue a claim under your state’s lemon law for a defective vehicle. Lemon laws require manufacturers to replace or buy back vehicles with substantial defects that can’t be repaired after a reasonable number of attempts. Most lemon laws apply to new vehicles still under warranty. Some states also cover used cars or leased vehicles. If you win, the manufacturer typically pays your attorney fees.
What Qualifies as a “Lemon”?
Generally, a vehicle is a lemon if it has:
A Substantial Defect
The defect must significantly impair the vehicle’s:
- Use: You can’t reliably drive it
- Value: The defect substantially reduces its worth
- Safety: It poses a safety risk
Failed Repair Attempts
The manufacturer must have had a reasonable opportunity to fix the problem. Typical thresholds:
- 4+ repair attempts for the same defect, OR
- 30+ days out of service for repairs (not necessarily consecutive), OR
- 2 repair attempts for defects that could cause death or serious injury, OR
- 1 attempt for some safety-critical defects in certain states
Defect Exists During Warranty Period
The problem must first appear while the vehicle is covered by the manufacturer’s warranty.
Who Can You Sue?
| Party | Can You Sue? |
|---|---|
| Manufacturer | Yes—primary target under lemon laws |
| Dealership | Generally not under lemon law itself, but may have separate fraud/misrepresentation claims |
| Private seller | Lemon laws typically don’t apply to private sales |
When You CAN Sue the Dealership
Separately from lemon law, you may sue dealers for:
- Concealing prior damage or accidents
- Odometer tampering
- Selling a previously “lemon-titled” vehicle without disclosure
- Fraud or misrepresentation about the vehicle’s condition
- Breach of warranty on used cars
State Lemon Law Variations
Every state has different rules. Key variations include:
New vs. Used Vehicles
- Most states: Lemon laws only cover new vehicles
- Some states: Cover used vehicles with remaining warranty or sold with dealer warranty
- Examples: New York, Massachusetts, Connecticut cover some used cars
Time and Mileage Limits
Lemon laws typically only apply within:
- 1-2 years from delivery
- 12,000-24,000 miles
- Or during the warranty period
Required Repair Attempts
| State Example | Requirement |
|---|---|
| California | 4 attempts for same problem OR 2 for safety defect OR 30 days out of service |
| Texas | 4 attempts OR 2 for serious safety defect OR 30 days out of service |
| Florida | 3 attempts OR 1 for safety defect likely to cause death/serious injury OR 30 days |
| New York | 4 attempts OR 30 days out of service |
What Remedies Can You Get?
Replacement Vehicle
A comparable new vehicle of similar value.
Buyback/Refund
Return of:
- Purchase price or lease payments
- Down payment and trade-in value
- Finance charges (in some states)
- Registration fees and taxes
- Incidental expenses (towing, rental cars)
Minus a “Usage Fee”
Most states allow a deduction for your use of the vehicle before the first repair attempt. The formula varies by state but typically considers miles driven.
Cash Settlement
Sometimes manufacturers offer cash to settle the claim without a full buyback.
Attorney Fees
If you prevail, the manufacturer typically must pay your attorney fees—making it financially viable to pursue even without upfront costs.
The Magnuson-Moss Warranty Act
Even if your state’s lemon law doesn’t apply, federal law may help:
What It Covers
- Any consumer product with a written warranty
- Includes used vehicles with remaining warranty
- Applies nationwide
Remedies Available
- Damages for breach of warranty
- Repair, replacement, or refund
- Attorney fees if you win
Implied Warranty of Merchantability
Even “as-is” sales may be challenged if the vehicle was fundamentally unfit for its purpose.
Steps to Pursue a Lemon Law Claim
- Document repair attempts: Keep all repair orders, invoices, and receipts
- Note dates and mileage: Track when problems occurred and mileage at each repair
- Describe the problem clearly: Ensure repair orders accurately describe the defect
- Give manufacturer opportunity: Report directly to manufacturer if dealer can’t fix
- Follow any required arbitration: Some states require manufacturer arbitration first
- Consult a lemon law attorney: Most offer free consultations
- File within deadlines: Don’t wait until warranty expires or statute of limitations runs
Manufacturer Arbitration Programs
Many states require you to use the manufacturer’s arbitration program before suing:
BBB Auto Line
Some manufacturers use Better Business Bureau arbitration.
Manufacturer Programs
Others run their own dispute resolution programs.
Your Rights
- Arbitration decisions may not be binding on you (you can still sue)
- But may be binding on the manufacturer
- Must be completed within certain timeframes
Frequently Asked Questions
My car has problems but is technically “drivable.” Is it still a lemon?
Possibly. The defect doesn’t have to make the car completely inoperable—it must substantially impair its use, value, or safety. Intermittent problems, safety concerns, or issues that affect daily use can qualify.
What if the dealer says they can’t replicate the problem?
This is frustrating but common. Document when problems occur, take videos if possible, and request they note the complaint even if they can’t find the issue. Some lemon laws protect you even when the manufacturer can’t find the defect.
Does lemon law cover leased vehicles?
In most states, yes. Leased vehicles are typically covered the same as purchased vehicles.
I bought a used car that’s a lemon. What can I do?
Check if your state’s lemon law covers used cars. If not, consider:
- Magnuson-Moss Warranty Act (if warranty remains)
- State consumer protection laws
- Fraud claims if the dealer concealed problems
- Breach of warranty claims
How long does a lemon law case take?
Cases that settle may resolve in a few months. Contested cases can take 6-18 months depending on complexity and whether arbitration or litigation is required.
When to Contact a Lawyer
Consider consulting a lemon law attorney if:
- Your new vehicle has been in for repair multiple times for the same issue
- Your car has been out of service for an extended period
- The manufacturer refuses to repurchase or replace your vehicle
- You’re approaching the end of your warranty period
- You’re unsure whether your situation qualifies
- You want someone to handle negotiations with the manufacturer
Most lemon law attorneys offer free consultations and work on contingency—you pay nothing unless you win, and the manufacturer pays your fees. Given the complexity of these claims, professional help is often worthwhile.
