Q. Do the Lemon Laws apply to used vehicles?

A. It might, but the vehicle must be under a manufacturer's warranty during the time the consumer is complaining about. For example, if the car is two years old, still under warranty, and continues to have substantial problems, there is a fair chance the car is covered by the Lemon Law. On the other hand, if the car is many years old and the manufacturer's warranty expired long ago, it is probable that the Lemon Law will not apply to the vehicle.

Q. Do I have to go through arbitration to pursue a Lemon Law claim in court?

A. No. There can be some advantages to arbitration, but there can also be significant disadvantages. The dealer and manufacturer generally want you to proceed to arbitration rather than through the courts. They also often prefer that you not hire a lawyer. We recommend that consumers contact an attorney immediately and decide with the attorney whether arbitration is appropriate. We have found that consumers are generally better off not going through the manufacturer-sponsored arbitration process.

Q. Does the Lemon Law apply to vehicles that are more than one year old?

A. Yes.

Q. Does the Lemon Law apply to vehicles that have more then 18,000 miles?

A. Yes.

Q. Is there any particular number of repair attempts that must be given in order to have a valid Lemon Law claim?

A. No, but a Lemon Law claim is generally stronger if the vehicle has been: (1) repaired at least four times for the same problem (or two times if the issue is safety-related); OR (2) in the shop for a total of at least 30 days for any number of problems. The Lemon Law provides a legal presumption that the vehicle is a “lemon” if one of the above criteria is met within the first 18 months of the vehicle's life or 18,000 miles, whichever comes first.

Q. I have heard that the Lemon Law only protects against “major” defects. Is that true?

A. The law applies to a wide variety of problems. The concept behind the law is that a consumer should get what they bargained for—a vehicle that works and looks the way it is supposed to. The Lemon Law can even apply to non-mechanical issues, such as a defective paint job or faulty accessories. However, the law will generally not apply to very minor issues, such as radio static, small squeaks, etc.

Q. Do I need to notify the manufacturer and give it a chance to repair a problem prior to pursuing a Lemon Law claim in court?

A. You should give the manufacturer a chance to repair or repurchase the vehicle before suing in court. This is something to be discussed with your attorney. We recommend that, if you have any concerns about the Lemon Law, you contact an attorney immediately. We have seen many cases where the consumer was actually too patient . After convincing consumers to give dealers numerous opportunities to repair the car, over a period of years, manufacturers have denied Lemon Law claims on the ground the consumers waited too long.

Q. Does the Lemon Law apply to cars bought "as-is"?

A. Usually not because most “as is” cars do not have a manufacturer's warranty, which is required to pursue a Lemon Law claim.

Q. Does the Lemon Law apply to boats, RVs or motorcycles?

A. The Lemon Law does not apply to off-road vehicles, but will apply to vehicles used primarily on the roads. Boats and other off-road motor vehicles are not covered by the Lemon law, but they may be covered by other similar laws, so you should consult an attorney to discuss your particular situation. RVs can be covered, depending on the type of problems you are having.

Q. What should I expect after making a Lemon Law claim?

A. Attorneys handle these cases differently. We generally send a “demand letter” to the manufacturer and give it an opportunity to repair, replace, or buy back the vehicle (at your option). If the manufacturer agrees, a settlement can usually be reached in a matter of weeks. If the manufacturer refuses, and we believe you have a legitimate claim, we will pursue the matter in court for you.