Vehicles with persistent mechanical issues might qualify for refunds or replacements. But it's not an easy road to travel.
If your newish car is consistently in and out of the repair shop, you might have a lemon on your hands… and you’re not alone. “Lemon law is a hot topic,” says Renee Martin, auto writer with Way.com. “Claims have increased due to quality issues in vehicles made after the pandemic, plus there are more complaints about defects in electric vehicles and complicated vehicle technologies.”
This increase is causing California to become stricter with lemon law requirements, a move touted as a solution for the state’s backlog of court cases, but which sparked controversy over a perceived weakening of consumer protections in favor of automakers. “This is causing a lot of online chatter in our Car Talk Community,” says managing editor Julie Bausch Lent. “There’s also the fact that cars are more expensive than ever.”
If you think your car might be a lemon, time is of the essence to prove it. Here’s how.
What Is Lemon Law?
Lemon laws help protect consumers whose cars are defective. The laws vary from state to state, but generally apply to vehicles that are still under manufacturer warranty, cannot be fixed after several attempts, or have been out of service for a long time. The remedy usually entails a refund, replacement or cash payment for a defective vehicle.
The term “lemon” goes back to the early 1900s, and was originally used to describe any poorly made item. “In British slang, to ‘hand someone a lemon’ meant giving them a sub-par item while pretending it was good,” says Martin. “In American English, ‘lemon’ referred to something worthless, disappointing or that probably left a sour taste in the mouth.”
Is there a time limit for lemon law?
Yes, there is a statute of limitations on lemon law, which varies from state to state. For example, in Florida you must file a claim within 24 months from the date the new car was sold for the first time.
Is there a mileage limit for lemon law?
It depends on which state you live in, but there is always either a mileage limit, a time limit or both. Often these fall between 12,000 to 24,000 miles or 12 to 24 months, whichever comes first. For example, in California, the limit is 18 months or 18,000 miles, while in Arizona and Oregon, it’s two years or 24,000 miles.
“Consumers should, however, pursue their lemon law rights at the earliest possible moment as mileage is a factor when it comes to calculating the refund [based on] the manufacturer repurchasing the vehicle from the consumer,” says lemon law attorney Joshua Kaleel. “One of the great misconceptions is that a consumer is to receive a 100% refund of the purchase price. Unfortunately, this is not true.” Often, that’s because the trade value is outweighed by the loan balance.
Another common mistake is waiting too long to file the claim, says Kaleel. Many people don’t understand that the time period begins with the vehicle’s purchase date, not when the problems first started happening.
New vs. Used: Which Cars Are Covered by Lemon Law?
Whether lemon laws apply to a new or used car also depends on what state you live in. Most states only apply lemon laws to new car purchases, but some — including California, Texas, New York and Florida — include used cars. Most states also cover leased vehicles under these laws, but not Nevada and New Mexico, says Martin.
Do All States Have Lemon Laws?
Yes, though specific protections and limitations vary from state to state. “Since they differ in their details and how they are applied, it is vitally important to do the research for the lemon laws where you reside,” says Bausch Lent.
Also, in some states, there are other laws that can help with a mechanically problematic vehicle. For example, Florida has an alternative measure called a breach of warranty claim, which can award refunds for diminished value.
How to Know If My Car Is a Lemon?
If your car has repeated mechanical issues, especially engine, transmission, steering or brake problems, it could fall under a lemon law. It might also qualify if it has a series of different, unrelated issues, or if any of the defects have resulted in it spending an unreasonable amount of time in the repair shop.
For example, in Florida, the vehicle must have gone into the shop for repair of the same issue at least three times, or be in the shop for the same issue for at least 30 days combined. The manufacturer then gets a ‘final repair attempt’ before you can start taking action to claim a lemon law, says Kaleel.
No matter what state you are in, “It is quite difficult to get a vehicle declared a lemon,” says Bausch Lent. “It takes a lot of time, effort and expense to attempt repairs.”
How to Take Advantage of Lemon Law Protections
Start building your case by gathering up your repair and maintenance records, along with the purchase contract that shows the warranty details. Also, keep a dated log of your conversations with the dealership about the vehicle’s defects. Next, hire a local attorney who can help you negotiate the specifics of the law in your state.
“The lemon law can be rather complex, and you may rest assured the manufacturer on the other side of the table will be represented by counsel, so you should level the playing field if possible,” says Kaleel.
About the Experts
- Julie Bausch Lent is managing editor of Car Talk, the digital content iteration of the long-running NPR show about all things automotive.
- Joshua Kaleel is a consumer law attorney at Farah & Farah in Jacksonville, Florida, and a former defense lawyer who now exclusively represents consumers in lemon law and breach of warranty claims.
- Renee Martin is an auto writer with the Way.com auto app.
