What is Lemon Law?
Lemon law protects consumers nationwide who buy vehicles with serious defects that can't be fixed. If you purchased a car that spends more time in the shop than on the road, lemon law gives you the right to demand a refund, replacement, or compensation from the manufacturer.
Lemon law applies when a manufacturer or dealer provides a warranty and fails to fix substantial problems after a reasonable number of repair attempts. The law covers both new and used vehicles with warranties, giving you protection regardless of whether you bought new or used.
Federal vs. State Lemon Law Protection
Key Differences:
Vehicle Coverage: Federal law covers both new and used vehicles with warranties, while state lemon laws typically only cover new vehicles
Geographic Scope: Federal law applies nationwide, while state lemon laws vary by location
Repair Attempts: Federal law can require as few as 1-3 repair attempts based on "reasonable opportunity" to fix, while state laws typically require 3-4 specific attempts (fewer for serious safety defects)
Time Limits: Federal law gives you 4 years from when the warranty was breached, often longer than state deadlines
Do You Qualify for Lemon Law Protection?
To qualify for lemon law protection, your situation needs to meet these basic requirements:
1. Your Vehicle Has a Warranty
Your car must have a written warranty from the manufacturer or dealer. This includes new car warranties, extended warranties, certified pre-owned warranties, and dealer warranties.
2. The Problem is Serious
The defect must significantly affect your car's safety, value, or your ability to use it. Minor scratches or cosmetic issues typically don't count.
3. They've Had a Fair Chance to Fix It
The manufacturer or dealer has tried to fix the problem multiple times but hasn't been able to solve it.
4. The Warranty Isn't Being Honored
The manufacturer or dealer is failing to honor the warranty by not fixing covered problems or refusing to make proper repairs.
How Many Repair Attempts Are Required?
Federal vs State Requirements:
Federal Magnuson-Moss Warranty Act: Typically 1-3 repair attempts can be sufficient. The law focuses on "reasonable opportunity" to repair rather than a strict number of attempts. Even a single failed repair attempt may qualify in some cases.
State Lemon Laws: Usually require 3-4 repair attempts for the same issue before you can claim the vehicle is a lemon. However, most states allow fewer attempts (1-2) for serious safety defects like brake or steering problems.
Safety-Related Defects: For serious safety issues (brakes, steering, airbags), both federal and state protections may require as few as 1-2 failed repair attempts due to the urgent nature of the defect.
Cash and Keep Settlements: These settlements are often available with fewer repair attempts, especially for minor defects where the manufacturer prefers to compensate you rather than take the vehicle back.
What Can You Get if You Win?
If you have a valid lemon law case, you could be entitled to:
- Vehicle Refund: Full purchase price refund minus reasonable use offset
- Replacement Vehicle: Comparable vehicle of equal or greater value
- Cash Settlement: Monetary compensation for diminished value and damages
- Attorney Fees: Manufacturers must pay your attorney fees and litigation costs when you prevail
- Consequential Damages: Additional damages including towing, rental car costs, and lost time
Does Lemon Law Cover Used Cars?
Yes, lemon law can cover used vehicles if they have a written warranty. This is a big advantage over some state lemon laws that only protect new car buyers. Used cars are covered if they come with:
- Manufacturer certified pre-owned (CPO) warranties
- Extended warranties purchased separately
- Dealer warranties or service contracts
- Remaining manufacturer original warranty
Why You Need a Lemon Law Attorney
Fighting a lemon law case requires specialized legal knowledge. Manufacturers have teams of lawyers - you need someone on your side who can:
Jurisdictional Notice: We file in state or federal court where appropriate. All court appearances are only where admitted or pro hac vice with local counsel. Simply Legal LLC is an Arizona ABS (License 70258); Responsible Attorney: Leonard Sominsky (AZ Bar 020013).
Prove Warranty Breach
Document substantial defects, failed repair attempts, and manufacturer warranty violations
Counter Manufacturer Defenses
Challenge manufacturer claims of misuse, abuse, or unauthorized modifications
Maximize Compensation
Calculate full damages including diminished value, consequential damages, and attorney fees
Navigate Federal Court
Handle federal litigation procedures and compliance with Magnuson-Moss requirements