Lemon Laws

Consumer complaints about automobile "lemons," new cars that go back to the dealer over and over again for repairs, have prompted states to enact automobile lemon laws. Automobile lemon laws define a lemon in a variety of ways:

• A combination of the number of times the car has been repaired within a certain period of time.
• The number of days that it has been in the repair shop within a certain period.

For example, a state law may provide that an automobile is considered a lemon if:

• Within one year of purchase or before the car has been driven 12,000 miles, there have been four unsuccessful repairs, or
• The car has been in the shop for repairs for a total of 30 days or more.

Limitations

Automobile lemon laws don't apply to all motor vehicles. They are usually limited to cars, trucks and vans that are bought and used by consumers for personal, household, or family purposes, and don't include commercial vehicles or motor homes.

Resolution

Automobile lemon laws typically require the consumer to notify the dealer and manufacturer of a claim under the lemon law. The laws also specify that non-court procedures such as arbitration be used to resolve disputes before going to court. The remedies that are available to consumers under these laws vary from state to state, but may include:

• Returning the car for a refund of the purchase price (less some amount for the use of the car before it is returned)
• A replacement car, or
• Payment for excessive repairs

In an increasing number of states, automobile lemon laws have been extended to apply to used vehicles. For example, a state law may provide that if a used car fails inspection within a certain period of time after it is purchased, the consumer may return the car or require the seller to repair it.

Automobile Message Board for more help