Frequently Asked Questions
What exactly qualifies a vehicle as a "Lemon"?
While exact definitions vary by state, a vehicle generally qualifies as a "lemon" if it has a substantial defect covered by the manufacturer's warranty that occurs within a specific timeframe or mileage (often the first 1-2 years or 12,000–24,000 miles). Crucially, you must have given the manufacturer or dealer a "reasonable number" of attempts to fix the problem, or the vehicle must have been out of service for a certain number of days (usually 30+).
Does the Lemon Law apply to used or "certified pre-owned" vehicles?
It depends on your state. Some states have specific lemon laws for used cars, while others only cover new vehicles. However, if your used vehicle came with a manufacturer's warranty (or you are still within the original factory warranty period), you may be protected under the federal Magnuson-Moss Warranty Act, which functions similarly to state lemon laws nationwide.
I lease my car. Am I still protected?
Yes. In the vast majority of jurisdictions, lessees have the same rights as purchasers. If your leased vehicle is deemed a lemon, you are typically entitled to a refund of your lease payments and the termination of the lease agreement without penalty.
How many repair attempts are required before I have a case?
There is no single magic number, but most states look for a “reasonable opportunity” to repair. Common guidelines include:
- 3 to 4 repair attempts for the same defect
- 2 repair attempts for a serious safety defect (such as brake or steering failure)
- 30 cumulative days out of service in the shop (even for different issues)
Does the problem have to be safety-related to qualify?
No. While safety issues are critical, Lemon Laws generally cover any defect that substantially impairs the use, value, or safety of the vehicle. This means persistent engine rattles, faulty air conditioning, malfunctioning navigation systems, or recurring paint defects can all be valid grounds for a claim.
How much will it cost to hire your firm?
For most clients, our representation costs you nothing out of pocket. State and federal lemon laws typically include "fee-shifting" provisions, which require the manufacturer to pay your attorney’s fees and court costs if you win. If we don’t win, we don’t get paid.
If I win, do I get all my money back?
In a "repurchase" (buyback) scenario, you are generally entitled to a refund of your down payment, all monthly payments made, and collateral charges like registration and taxes. The manufacturer will then pay off the remaining loan balance to the bank. However, the law often allows the manufacturer to deduct a "mileage offset" (see below).
What is a "usage fee" or "mileage offset"?
This is a deduction from your settlement based on the miles you drove the car before the first repair attempt for the defect. The logic is that you got "good use" out of the car for those miles. The formula for calculating this varies by state but is usually a small amount per mile.
Can I keep my car and still get a cash settlement?
Yes. This is often called a "Cash and Keep" settlement. If your car has a defect but is still drivable and you don't want to give it up, the manufacturer may pay you a cash sum for the loss in value and trouble you’ve experienced. You keep the car and the warranty usually remains in effect.
What happens if I am "upside down" on my loan (negative equity)?
If you rolled negative equity from a previous trade-in into your current loan, the manufacturer is usually not required to pay that portion back. They are responsible for the lemon vehicle's cost, not the debt from your previous car. You may be responsible for paying the difference to the bank to clear the loan.
Do I have to go to court?
Ideally, no. The vast majority of Lemon Law cases—over 95%—are settled out of court. Our goal is to resolve your claim efficiently through negotiation. However, if the manufacturer refuses to offer a fair settlement, we are fully prepared to take your case to trial to fight for your rights.
How long does the Lemon Law process generally take?
Every case is unique. A straightforward claim might be resolved in 3 to 6 months. If the manufacturer contests the claim and we have to file a lawsuit, it can take longer (6 to 12 months or more). We prioritize moving your case as fast as possible while ensuring we don't settle for less than you deserve.
Can I still drive my car while the claim is pending?
Yes, you generally should continue to use the vehicle if it is safe to do so. However, if the defect makes the car dangerous (e.g., stalling on the highway, brake failure), you should stop driving it immediately. Be sure to keep insurance and registration current while the claim is processing.
What documents do I need to start my claim?
To review your case, we typically need:
- Your purchase or lease agreement
- All repair orders and invoices from the dealership (even if they state “Could Not Duplicate”)
- Your current vehicle registration
- Any correspondence with the manufacturer
The dealer says they "cannot duplicate" the problem. Do I still have a case?
Yes. "Cannot duplicate" is a common dealership notation, but it does not mean your car isn't broken. As long as you brought the vehicle in for repair and complained about the issue, it counts as a repair attempt. We use your testimony and other evidence to prove the defect exists, even if the mechanic didn't see it on that specific day.
Does the Lemon Law apply to RVs, motorcycles, or boats?
- Motorcycles: Covered in many states, though the criteria may differ slightly from cars.
- RVs: Often covered, but laws may distinguish between the “chassis” (engine and frame) and the “coach” (living quarters).
- Boats: Generally not covered under state Lemon Laws, but may qualify under the federal Magnuson-Moss Warranty Act.
I already traded in or sold the lemon. Can I still file a claim?
In many cases, yes. If you sold the car or traded it in at a loss because of the defects, you may still have a claim for financial damages. However, you must file before the "statute of limitations" expires, so it is best to contact us immediately.
Should I go through the manufacturer’s arbitration program first?
We generally advise against this without legal counsel. State-run arbitration programs or manufacturer disputes boards can sometimes be biased or result in outcomes that block you from pursuing further legal action. It is safer to speak with an attorney first to understand your strategic options.
What if I bought my car in one state but live in another?
Lemon Laws are typically based on where the vehicle was purchased or registered. Because we are a nationwide firm, we can assist you regardless of where you currently live. We will determine which state’s law applies to your specific contract.
Will filing a Lemon Law claim hurt my credit score?
No. A Lemon Law claim is a dispute between you and the manufacturer; it is not reported to credit bureaus. However, you must continue making your loan or lease payments while the case is pending. Stopping payments can result in a repossession or a hit to your credit score, which is unrelated to the Lemon Law claim itself.
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Time Matters in Lemon Law Cases
Each state sets strict deadlines for filing a Lemon Law claim. Waiting too long could mean losing your right to pursue a refund or replacement. Reach out today for a free case review. We’ll evaluate your situation promptly and help ensure your rights are protected before time runs out.