What are State Lemon Laws?
State lemon laws are consumer protection statutes enacted by individual states to protect car buyers from defective vehicles. All 50 states have lemon law statutes, but the specific requirements, protections, and remedies vary significantly by jurisdiction. State lemon laws work alongside federal lemon law (Magnuson-Moss Warranty Act) to provide comprehensive consumer protection.
While federal lemon law provides baseline protection nationwide, state lemon laws often offer additional protections and may be more favorable to consumers in certain situations. Understanding your specific state lemon law is critical to maximizing your rights and obtaining proper compensation for a defective vehicle.
Common State Lemon Law Requirements
While state lemon law statutes vary, most share these common elements:
Repair Attempt Requirements
Most states require 3-4 unsuccessful repair attempts for the same substantial defect. However, for serious safety defects affecting brakes, steering, or other critical systems, most states require only 1-2 attempts. Federal law (Magnuson-Moss) may allow claims with as few as 1-3 attempts based on "reasonable opportunity" to repair.
Out of Service Period
Typically 30 cumulative days out of service for repairs during the lemon law rights period, though some states require as few as 15 days or as many as 45 days.
Coverage Period
State lemon laws typically cover defects that occur within 12-24 months or 12,000-24,000 miles from vehicle purchase, whichever comes first.
New Vehicle Requirement
Most state lemon laws only cover new vehicles, though some states extend protection to used vehicles under certain conditions (e.g., still under manufacturer warranty, certified pre-owned).
State-Specific Lemon Law Highlights
California Lemon Law (Song-Beverly Act)
- Covers new and used vehicles with manufacturer warranties
- 2-4 repair attempts or 30 days out of service
- Coverage: 18 months or 18,000 miles
- Remedies: Full refund or replacement, manufacturer pays attorney fees
Texas Lemon Law
- Covers new vehicles only
- 4 repair attempts or 30 days out of service, or 2 attempts for serious safety defect
- Coverage: 24 months or 24,000 miles
- Mandatory arbitration before lawsuit
New York Lemon Law
- Covers new and demonstrator vehicles
- 4 repair attempts or 30 days out of service
- Coverage: 24 months or 18,000 miles
- Used car lemon law for vehicles with issues within 2 years or 18,000 miles
Florida Lemon Law (Motor Vehicle Warranty Enforcement Act)
- Covers new and demonstrator vehicles
- 3 repair attempts or 15 days out of service
- Coverage: 24 months from purchase
- Mandatory arbitration through state program
State Lemon Law Variations
Important differences exist between state lemon laws:
- Used Vehicle Coverage: California, New York, Connecticut, Massachusetts, and Rhode Island offer some used car lemon law protection
- Arbitration Requirements: Some states mandate arbitration before litigation (Texas, Florida, Georgia), while others allow direct court action
- Attorney Fees: Most states require manufacturers to pay consumer attorney fees, but the manner of payment varies
- Notification Requirements: Many states require written notice to the manufacturer before filing a lemon law claim
- Leased Vehicles: State laws vary on lemon law protection for leased vehicles
How to File a State Lemon Law Claim
Filing a state lemon law claim typically involves these steps:
- Document all repair attempts - Keep copies of all repair orders, service records, and communications with the dealer and manufacturer
- Provide written notice - Send certified mail to the manufacturer describing the defect and repair history as required by your state
- Allow final repair opportunity - Give the manufacturer one last chance to fix the defect (typically 30 days)
- Consult a lemon law attorney - Get legal advice specific to your state's requirements and best strategies
- File formal claim or arbitration - Follow your state's specific process for pursuing remedies
- Negotiate or litigate - Work toward settlement or pursue litigation if necessary