Buying a car is one of the biggest purchases most people make, so it is deeply frustrating when a new vehicle keeps returning to the dealership for the same problem. If repeated repairs have not fixed a serious defect, you may have a claim under your state’s lemon law. A lemon law attorney can help you force the manufacturer to buy back or replace the vehicle, and in many cases the manufacturer ends up paying the lawyer’s fees. Here is how these claims work and when it makes sense to get legal help.
What Is a Lemon Law?
Every state has a lemon law that protects buyers of new vehicles with substantial defects covered by the manufacturer’s warranty. Some states extend protection to leased vehicles, used cars that are still under the factory warranty or certain demonstrator models. California’s Song-Beverly Consumer Warranty Act, for example, is among the broadest in the country.
At the federal level, the Magnuson-Moss Warranty Act sets standards for written consumer product warranties and lets buyers sue when a warrantor fails to honor them. It can apply to vehicles that fall outside a state lemon law, including some used cars sold with a written warranty.
Does Your Car Qualify as a Lemon?
The exact test varies by state, but most lemon laws look at four factors:
- A substantial defect. The problem must significantly impair the vehicle’s use, value or safety. Faulty brakes, transmission failures, engine stalling and serious electrical problems often qualify. A rattle in the dashboard usually does not.
- Coverage by the warranty. The defect must be covered and first reported during the warranty or the state’s protection period.
- A reasonable number of repair attempts. Many states presume a car is a lemon after three or four attempts to fix the same defect, or after as few as one or two attempts for a defect likely to cause death or serious injury.
- Excessive time out of service. Many states also qualify a vehicle that has spent around 30 or more cumulative days in the shop for warranty repairs.
These presumptions typically apply within a set period, such as the first 12 to 24 months or 12,000 to 24,000 miles, depending on the state. Missing a deadline or notice requirement can weaken your claim, which is one of the main reasons to speak with an attorney early.
What Can You Recover?
If your vehicle qualifies, the most common remedies are:
- Repurchase (buyback). The manufacturer refunds the purchase price, taxes, registration and finance charges, minus a reasonable offset for the miles you drove before the first repair attempt.
- Replacement. You receive a comparable new vehicle.
- Cash-and-keep settlement. You keep the car and receive compensation for its reduced value.
Many state lemon laws, and the Magnuson-Moss Act, include fee-shifting provisions that require the manufacturer to pay your attorney’s fees if you win. As a result, many lemon law attorneys take cases at no out-of-pocket cost to the consumer.
What a Lemon Law Attorney Does
Manufacturers have dedicated legal departments that handle these claims every day. A lemon law attorney levels the playing field by:
- Reviewing your repair orders to confirm the vehicle meets your state’s criteria
- Sending formal notice to the manufacturer as required by law
- Guiding you through manufacturer-sponsored arbitration programs, which some states require before you can sue
- Calculating the correct refund, including incidental costs such as towing and rental cars
- Negotiating a buyback or replacement, and filing suit when the manufacturer refuses
Attorneys also know when a manufacturer’s first offer is too low. Initial cash-and-keep offers are often a fraction of what a full repurchase would provide.
How to Build a Strong Lemon Law Claim
The strength of your case depends heavily on documentation. Follow these steps:
- Keep every repair order. Make sure each one accurately describes your complaint, the date and the mileage. If the shop writes “could not duplicate,” ask that your description of the symptoms still be recorded.
- Use authorized dealers for warranty repairs so the visits are tied to the manufacturer.
- Record evidence of the problem, such as videos of warning lights, noises or stalling.
- Keep a log of dates, phone calls, rental expenses and days without the car.
- Read your warranty booklet for notice and arbitration requirements.
It also helps to understand what you are actually protected by. A manufacturer warranty is different from a separately purchased service contract; our guide to the best extended warranty for used cars explains how those plans work and what they typically exclude.
When Should You Contact a Lemon Law Attorney?
Reach out once the same defect has been repaired two or three times without success, or as soon as a safety-related problem reappears. Many attorneys offer free case reviews, and earlier contact helps ensure you meet every deadline. Bring your purchase contract, warranty booklet and all repair orders to the first meeting so the attorney can assess your claim quickly.
Frequently Asked Questions
Can a used car be a lemon?
Sometimes. A few states include used vehicles, and others cover used cars still under the original manufacturer’s warranty. The federal Magnuson-Moss Act may also apply if the car came with a written warranty.
Do I have to go through arbitration?
Some states require you to use a manufacturer’s certified arbitration program before filing suit, while others make it optional. An attorney can advise whether it helps your case.
How long does a lemon law case take?
Many claims resolve within a few months through negotiation, while litigated cases can take a year or longer.
This article is for general information only and is not legal advice. Lemon law rules differ by state, so consult a licensed attorney about your vehicle.
