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How does the lemon law work?

Practice area: Consumer Law · Reviewed 2026-09-22

It works as a sequence: report the defect during the warranty period, give the manufacturer a reasonable number of repair attempts, notify the manufacturer in writing, go through arbitration if your state requires it, and then claim a refund or replacement. Documentation at every step is what decides the outcome.

1ReportDefect reported toan authorised dealerin the warrantyperiod2Repair attemptsSame defect repaired3–4 times, or 30days out of service3Written noticeFormal notice to themanufacturer,delivery proved4ArbitrationState-certifiedprogramme, where thestatute requires it5Refund orreplacementPrice refunded lessmileage offset, or anew vehicle
The order matters: skipping written notice or arbitration can end an otherwise good claim.

Step by step

  1. Report early and in writing. The defect must first be reported within the statutory period. A call is not a record — follow it with an email.
  2. Keep every repair order. Ask for a copy each visit, check that your complaint is written in the customer's own words, and keep the ones that record no fault found; they still count as attempts.
  3. Count the attempts and the days. Most statutes turn on a repair count for the same defect or a cumulative number of days out of service.
  4. Send formal notice. Written notice to the manufacturer, not the dealer, by a method that proves delivery. Many states make this a precondition, and it gives a final repair opportunity.
  5. Arbitration. Where the manufacturer runs a state-certified programme, you may have to use it before suing. Decisions typically bind the manufacturer but not you.
  6. Claim. Refund of the price and related charges, less a mileage offset, or a comparable replacement.

What usually sinks a claim

Repair orders that describe a different symptom each visit, so the record never shows the same defect repeatedly; repairs carried out by an unauthorised shop; and missing the statutory window by waiting to see whether the problem returns.

Fees

Most state lemon laws and the federal Magnuson-Moss Act shift attorney fees to the manufacturer when the consumer prevails, which is why many lemon law firms take these cases without charging the consumer directly.

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This page explains general rules in the United States and is not legal advice. Deadlines and definitions differ by state, and only a licensed attorney can tell you how the law applies to your own situation.