What is the lemon law?

The usual test

Most state statutes presume a vehicle is a lemon if, within a set period — often the first 12 to 24 months or 12,000 to 24,000 miles — either:

• the same substantial defect has been subject to repair three or four times without success; or
• the vehicle has been out of service for repairs for a cumulative 30 days or so; or
• a single defect that could cause death or serious injury has failed to be fixed after one or two attempts.

The defect must substantially impair the use, value or safety of the vehicle. Cosmetic faults and problems caused by abuse, accident or unauthorised modification are excluded.

What a successful claim yields

Either a replacement vehicle or a refund of the purchase price, usually less a mileage offset for the use you had. Many statutes also make the manufacturer pay the consumer's attorney fees, which is why these cases are often taken without an upfront fee.

The steps that decide the case

Report the defect to an authorised dealer within the warranty period; keep every repair order, including the ones that say «could not duplicate»; send written notice to the manufacturer, which many states require before a claim; and complete the manufacturer's arbitration programme where the state makes it a precondition.

Beyond new cars

Coverage of used, leased and certified pre-owned vehicles differs sharply by state, and a handful of states extend lemon protection to other goods entirely. The federal Magnuson-Moss route is available whenever a written warranty was given and breached, regardless of the state statute's limits.