Check your state's tests
Alabama: Ala. Code §§ 8-20A-1 to 8-20A-6 · official text
- Protection period
- Lemon law rights period: one year after original delivery or the first 12,000 miles, whichever occurs first. The presumption window runs 24 months or 24,000 miles, whichever occurs first.
- Repair attempts
- The same nonconforming condition subject to repair 3 or more times (at least one during the lemon law rights period), plus a final attempt by the manufacturer, and the condition continues.
- Days out of service
- Cumulative total of 30 calendar days out of service (including the final repair attempt) within 24 months or 24,000 miles, with one repair attempt during the lemon law rights period.
- Notice to the manufacturer
- Before suing, the consumer must send written notice of the nonconforming condition by certified U.S. mail to the manufacturer. The manufacturer must name a repair facility within 7 calendar days and gets a final repair attempt of no more than 14 calendar days.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that complies with federal rules, the consumer must exhaust it before filing suit. No state-run arbitration program in the statute.
- Deadline to bring a claim
- Within 3 years after the date of original delivery of the vehicle to the consumer.
Alaska: Alaska Stat. §§ 45.45.300 to 45.45.360 · official text
- Protection period
- The term of the express warranty or one year from delivery to the original owner, whichever period ends first.
- Repair attempts
- The same nonconformity subject to repair 3 or more times within that period and it continues to exist.
- Days out of service
- Out of service for repair a total of 30 or more business days within the warranty term or one-year period, whichever ends first.
- Notice to the manufacturer
- The owner must send written notice by certified mail to the manufacturer and its dealer or repairing agent no later than 60 days after the warranty or one-year period ends, demanding refund or replacement. The manufacturer may make a final repair attempt within 30 days of receiving the notice.
- Dispute programs
- If the manufacturer has an attorney-general-approved informal dispute procedure complying with 16 C.F.R. Part 703, or offers binding-on-manufacturer arbitration or mediation approved by the attorney general, the owner must use it before claiming refund or replacement.
Arizona: Ariz. Rev. Stat. §§ 44-1261 to 44-1267 · official text
- Protection period
- The shorter of the express warranty term or 2 years or 24,000 miles after original delivery, whichever is earlier.
- Repair attempts
- The same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of 30 or more calendar days within the protection period.
- Notice to the manufacturer
- The presumption applies only if the manufacturer received prior direct written notice of the defect from or for the consumer and had an opportunity to cure it.
- Dispute programs
- If the manufacturer has or takes part in an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must use it first before the refund or replacement remedy applies.
- Deadline to bring a claim
- Within 6 months after the earlier of the end of the express warranty term or 2 years or 24,000 miles from original delivery.
California: Cal. Civ. Code § 1790 et seq. (new motor vehicle provisions in §§ 1793.2(d), 1793.22 and 1794); Cal. Code Civ. Proc. § 871.20 et seq. for manufacturers that have opted in · official text
- Protection period
- Presumption period: 18 months from delivery to the buyer or 18,000 miles on the odometer, whichever occurs first. Repurchase or replacement duties apply to nonconformities covered by the express warranty after a reasonable number of attempts.
- Repair attempts
- The same nonconformity subject to repair 4 or more times and the buyer has directly notified the manufacturer at least once, within the presumption period.
- Serious safety defects
- A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to repair 2 or more times, with the buyer or lessee directly notifying the manufacturer at least once, within the presumption period.
- Days out of service
- Out of service for repair a cumulative total of more than 30 calendar days since delivery, within the presumption period.
- Notice to the manufacturer
- Direct notice to the manufacturer is needed for the repair-count presumptions only if the manufacturer clearly disclosed this requirement in the warranty or owner's manual. For opted-in manufacturers, a written pre-suit notice and demand (email or certified/registered mail) at least 30 days before suit is required to seek civil penalties.
- Dispute programs
- If a qualified third-party dispute resolution process certified by the Department of Consumer Affairs exists and the buyer was told about it in time, the buyer must use it before asserting the presumption. Without one, or if the buyer is dissatisfied, the buyer may sue. Limitation periods are tolled while that process is pending.
- Deadline to bring a claim
- The Song-Beverly lemon law sections do not set their own filing deadline. For manufacturers that elected the CCP § 871.20 procedures, suit must be filed within one year after the express warranty expires and no later than six years after original delivery, with tolling as provided.
Colorado: Colo. Rev. Stat. §§ 42-10-101 to 42-10-110 · official text
- Protection period
- The first 24,000 miles of operation or two years after original delivery, whichever occurs earlier.
- Repair attempts
- The same nonconformity subject to repair 3 or more times within that period and it continues to exist.
- Serious safety defects
- A safety-based nonconformity (likely to cause death or serious bodily injury, or a risk of fire or explosion) subject to 2 or more repair attempts within that period and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of 24 or more business days of the repairer within that period.
- Notice to the manufacturer
- The presumption applies only if the manufacturer received prior written notice by certified mail from or for the consumer that the nonconformity remains after one or more repair attempts. The manufacturer then gets 10 business days after receipt to cure.
- Dispute programs
- If the manufacturer has or takes part in an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, the consumer must use it first before the refund or replacement remedy applies.
- Deadline to bring a claim
- Within 30 months after original delivery to a consumer. The deadline is tolled while the consumer is in arbitration under § 42-10-106 or while the vehicle is unavailable because of repair.
Connecticut: Conn. Gen. Stat. §§ 42-179 to 42-190 · official text
- Protection period
- Two years after original delivery or the first 24,000 miles, whichever period ends first.
- Repair attempts
- The same nonconformity subject to repair 4 or more times within that period and it continues to exist.
- Serious safety defects
- A nonconformity likely to cause death or serious bodily injury, subject to repair at least twice within the express warranty term or one year after original delivery (whichever ends first), and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of 30 or more calendar days within the two-year/24,000-mile period.
- Notice to the manufacturer
- The consumer must notify the manufacturer in writing only if the manufacturer clearly disclosed this requirement, with a name and address, in the warranty or owner's manual. No claim may be made unless at least one repair attempt was made or the manufacturer or dealer refused to repair.
- Dispute programs
- If the manufacturer has an informal dispute procedure certified by the Attorney General, the consumer must use it before the refund or replacement remedy applies. The Department of Consumer Protection runs a state arbitration program for disputes with manufacturers that lack a certified procedure. Its decisions are binding, subject to court review.
Delaware: Del. Code Ann. tit. 6, §§ 5001 to 5009 · official text
- Protection period
- The term of the warranty or one year after original delivery, whichever is earlier.
- Repair attempts
- Substantially the same nonconformity subject to repair 4 or more times within that period and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of more than 30 calendar days. The count starts when the consumer presents the vehicle for service and a written document describing the nonconformity is prepared.
- Notice to the manufacturer
- The presumption applies only if the manufacturer received prior direct written notice from or for the consumer and had an opportunity to repair or correct the nonconformity.
- Dispute programs
- If the manufacturer's informal dispute procedure has a certificate of approval from the Division of Consumer Protection, the consumer must use it first. If it is not certified, the consumer may seek the chapter's remedies directly.
District of Columbia: D.C. Code §§ 50-501 to 50-510 · official text
- Protection period
- The first 18,000 miles of operation or 2 years after delivery to the original purchaser, whichever is earlier.
- Repair attempts
- The same non-safety nonconformity, defect, or condition subject to repair 4 or more times after the consumer's notice within that period, and it continues to exist.
- Serious safety defects
- A safety-related defect subject to repair 1 or more times after the consumer's notice within that period, and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of 30 days or more within that period. The statute does not say calendar or business days.
- Notice to the manufacturer
- The consumer must report the nonconformity to the manufacturer, its agent, or authorized dealer within the period. A dealer or agent that receives the report must forward written notice to the manufacturer by certified mail within 7 days.
- Dispute programs
- Mandatory. To seek refund or replacement, the consumer must first submit a claim to the D.C. Board of Consumer Claims Arbitration. The consumer may go to court if the Board rejects the case or the consumer rejects its decision. Decisions are due within 60 days of acceptance.
- Deadline to bring a claim
- Within 4 years of original delivery of the vehicle to the consumer.
Florida: Fla. Stat. §§ 681.10 to 681.118 · official text
- Protection period
- Lemon Law rights period: 24 months after original delivery to a consumer (no mileage limit in the statute).
- Repair attempts
- The same nonconformity subject to repair at least 3 times, plus a final repair attempt by the manufacturer after written notice, and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of 30 or more days (60 or more for recreational vehicles), excluding routine maintenance. 'Days' means calendar days. After 15 or more days, the consumer must notify the manufacturer in writing.
- Notice to the manufacturer
- After 3 repair attempts, the consumer must send written notice by registered or express mail to the manufacturer for a final repair attempt. The manufacturer has 10 days to respond and 10 days (45 for RVs) after delivery to repair. Separate written notice is required after 15 or more days out of service.
- Dispute programs
- Before suing, the consumer must submit the dispute to the Department of Legal Affairs and, if it is found eligible, to the Florida New Motor Vehicle Arbitration Board. If the manufacturer has a state-certified procedure, the consumer must file there first, within 60 days after the rights period ends. A Board request is due within 60 days after the rights period ends or 30 days after the certified procedure's final action, whichever is later.
- Deadline to bring a claim
- Within 1 year after the Lemon Law rights period expires. If the consumer used a dispute procedure, the department or the Board, within 1 year after that body's final action.
Georgia: O.C.G.A. §§ 10-1-780 to 10-1-798 · official text
- Protection period
- Lemon law rights period: two years after original delivery or the first 24,000 miles, whichever occurs first. It is extended day for day when repairs are unavailable because of listed emergencies, and while a repair that began before it ended is still underway.
- Repair attempts
- The same nonconformity subject to repair 3 times and not corrected, during the lemon law rights period.
- Serious safety defects
- A serious safety defect subject to repair one time and not corrected, during the lemon law rights period.
- Days out of service
- Out of service for repair of one or more nonconformities a cumulative total of 30 days during the rights period. 'Days' means calendar days.
- Notice to the manufacturer
- After a reasonable number of attempts, the consumer must notify the manufacturer by statutory overnight delivery or certified mail (return receipt requested) at the owner's manual address. The manufacturer gets a final repair attempt within 28 days of receipt. If that fails, or after 30 days out of service, the consumer elects refund or replacement in writing, and the manufacturer has 20 days to comply.
- Dispute programs
- Mandatory. The consumer must use a manufacturer's informal dispute mechanism certified by the Attorney General (filed within one year after the rights period ends), then the state-run arbitration panel. Panel applications go to the Attorney General within one year after the rights period ends or 60 days after the certified mechanism concludes, whichever is later. The consumer must exhaust these remedies before suing.
- Deadline to bring a claim
- No separate deadline to sue is stated. State arbitration must be requested within one year after the rights period expires or 60 days after the certified mechanism concludes, whichever is later. A party may appeal an arbitration decision to superior court within 30 days of its entry.
Hawaii: Haw. Rev. Stat. §§ 481I-1 to 481I-4 · official text
- Protection period
- Lemon law rights period: the term of the manufacturer's express warranty, two years after original delivery, or the first 24,000 miles, whichever occurs first.
- Repair attempts
- The same nonconformity subject to examination or repair at least 3 times during the lemon law rights period and it continues to exist.
- Serious safety defects
- A nonconformity likely to cause death or serious bodily injury, subject to examination or repair at least once during the rights period, that continues.
- Days out of service
- Out of service for repair a cumulative total of 30 or more business days during the lemon law rights period.
- Notice to the manufacturer
- The consumer must report the nonconformity in writing during the rights period. The presumptions apply only after the manufacturer receives a written report and has a reasonable opportunity to repair. Written notice to the manufacturer is required only if the consumer received the state-approved notice of rights and arbitration terms at purchase.
- Dispute programs
- The Department of Commerce and Consumer Affairs runs a state certified arbitration program. Use is the consumer's choice under the statute; decisions are due within 45 days. In nonbinding arbitration, either party may demand a trial de novo within 30 calendar days after service of the award.
- Deadline to bring a claim
- Any action must be started within one year after the lemon law rights period expires.
Idaho: Idaho Code §§ 48-901 to 48-913 · official text
- Protection period
- The express warranty term, two years after original delivery, or 24,000 miles, whichever is earliest. Refund or replacement remains available if the repair attempts occur within three years of delivery and the defect was first reported during the express warranty.
- Repair attempts
- The same nonconformity subject to repair 4 or more times within the period and it continues to exist, with at least one repair opportunity for the manufacturer.
- Serious safety defects
- A complete failure of the braking or steering system likely to cause death or serious bodily injury, subject to repair at least once within the period and continuing, with at least one repair opportunity for the manufacturer.
- Days out of service
- Out of service for repair a cumulative total of 30 or more business days within the period.
- Notice to the manufacturer
- The presumption applies only if the manufacturer, its agent, or dealer received prior written notice from or for the consumer at least once and had an opportunity to cure. A dealer or agent must forward the notice to the manufacturer by certified mail.
- Dispute programs
- Manufacturers must operate or join an informal dispute settlement mechanism in Idaho that complies with 16 C.F.R. Part 703. The consumer must use it before suing for refund or replacement, unless the manufacturer allows otherwise. Decisions are nonbinding unless the parties agree otherwise.
- Deadline to bring a claim
- Within 3 years of original delivery. If the consumer applied to the dispute mechanism within that time and is aggrieved by its decision, any appeal must be filed within 3 months after the mechanism's final decision.
Illinois: 815 ILCS 380/1 to 380/8 · official text
- Protection period
- Statutory warranty period: one year or 12,000 miles, whichever occurs first after delivery to the consumer.
- Repair attempts
- The same nonconformity subject to repair 4 or more times during the statutory warranty period and it continues to exist.
- Days out of service
- Out of service for repair a total of 30 or more business days during the statutory warranty period.
- Notice to the manufacturer
- The presumption does not apply unless the manufacturer received prior direct written notice from or for the consumer and has an opportunity to correct the defect.
- Dispute programs
- If the manufacturer has an informal dispute procedure that substantially conforms to 16 C.F.R. Part 703, and the consumer received adequate written notice of it, the consumer must use it before the refund or replacement remedy applies. The limitations period is extended for the time the dispute was pending there.
- Deadline to bring a claim
- Within 18 months following original delivery of the vehicle to the consumer, extended by the time spent in a qualifying informal dispute procedure.
Indiana: Ind. Code §§ 24-5-13-1 to 24-5-13-24 · official text
- Protection period
- Term of protection: from original delivery to the earlier of 18 months or 18,000 miles. A replacement vehicle gets a new term from its delivery.
- Repair attempts
- The nonconformity subject to repair at least 4 times and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of at least 30 business days (days other than Sundays and legal holidays) and the nonconformity continues to exist.
- Notice to the manufacturer
- The buyer must first notify the manufacturer of a claim only if the manufacturer clearly disclosed, in the warranty or owner's manual, that written notice is required, with the name and address for notice.
- Dispute programs
- The chapter does not apply to a buyer who has not first used a manufacturer's informal procedure that the Attorney General certified as complying with 16 C.F.R. 703 and the AG's rules, if the buyer received adequate written notice of it.
- Deadline to bring a claim
- Within 2 years after the buyer first reports the nonconformity to the manufacturer, its agent or authorized dealer. Tolled while a certified informal dispute procedure is pending.
Iowa: Iowa Code §§ 322G.1 to 322G.15 · official text
- Protection period
- Lemon law rights period: the term of the manufacturer's written warranty, two years after original delivery, or the first 24,000 miles attributable to a consumer, whichever expires first. It extends up to 2 years/24,000 miles if a reported nonconformity is not cured before the period ends.
- Repair attempts
- The same substantially impairing nonconformity subject to examination or repair at least 3 times, plus a final repair attempt by the manufacturer if undertaken after notice, and it continues to exist.
- Serious safety defects
- A nonconformity likely to cause death or serious bodily injury subject to examination or repair at least once, plus a final repair attempt by the manufacturer if undertaken after notice, and it continues to exist.
- Days out of service
- Out of service for repair a cumulative total of 30 or more days, excluding routine maintenance. 'Days' means calendar days.
- Notice to the manufacturer
- After 3 repair attempts (or 1 for a safety defect), the consumer may send written notice by certified or registered mail or overnight service to the manufacturer for a final repair attempt. The manufacturer must respond within 10 days and repair within 10 days after delivery. After 20 cumulative days out of service, written notice gives the manufacturer 10 more cumulative days to repair.
- Dispute programs
- If the manufacturer has an Attorney General-certified program and told the consumer how to file, the consumer must use it before the refund or replacement remedy applies. Certified programs are free to consumers and must decide within 60 days.
- Deadline to bring a claim
- Within one year after the lemon law rights period (or its extension) expires, where no timely program decision issues or the manufacturer has no certified program. Within six months after the program's compliance date if the manufacturer does not perform. A program decision may be appealed within 50 days after receipt or 25 days after acceptance, whichever is first.
Kansas: Kan. Stat. Ann. §§ 50-645 to 50-646 · official text
- Protection period
- The term of any warranty or one year after original delivery, whichever is earlier.
- Repair attempts
- The same substantially impairing nonconformity subject to repair 4 or more times within that period and it continues to exist. Alternatively, 10 or more repair attempts on any substantially impairing nonconformities.
- Days out of service
- Out of service for repair a cumulative total of 30 or more calendar days within that period.
- Notice to the manufacturer
- The presumption applies only if the manufacturer receives actual notice of the nonconformity.
- Dispute programs
- If the manufacturer has an informal dispute procedure that complies in all respects with 16 C.F.R. Part 703, the consumer must use it first before the refund or replacement remedy applies.
Kentucky: Ky. Rev. Stat. §§ 367.840 to 367.846; informal dispute resolution at §§ 367.860 to 367.870 · official text
- Protection period
- First 12,000 miles of operation or first 12 months after delivery to the buyer, whichever is earlier.
- Repair attempts
- Same nonconformity, defect, or condition subject to repair 4 or more times by the manufacturer and it continues to exist.
- Days out of service
- Cumulative total of at least 30 calendar days out of service for repair of the same nonconformity, defect, or condition.
- Notice to the manufacturer
- Buyer must report the nonconformity in writing to the manufacturer if it cannot be repaired after a reasonable number of attempts within the protection period.
- Dispute programs
- Yes. Refund/replacement disputes must be resolved through the manufacturer's informal dispute resolution system (KRS 367.860 to 367.870 or 16 C.F.R. Part 703) before seeking judicial relief. The decision binds the manufacturer but not the buyer unless both agree to a binding system. No state-run arbitration program.
- Deadline to bring a claim
- Action must be commenced within 2 years after the date of original delivery of the new motor vehicle to the buyer.
Louisiana: La. R.S. 51:1941 to 51:1948 · official text
- Protection period
- The express warranty term or one year from original delivery to the consumer, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair 4 or more times within the protection period.
- Days out of service
- Cumulative total of 45 or more calendar days out of service by reason of repair.
- Notice to the manufacturer
- Consumer must report the nonconformity to the manufacturer or an authorized dealer and make the vehicle available for repair within the protection period. If the manufacturer fails to respond or repair within the statutory periods, it waives its right to a final attempt to cure (§ 51:1943(A)(2)); the chapter does not spell out a separate written-notice procedure.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 C.F.R. Part 703, the consumer must first use it before the refund/replacement remedy applies. No state-run arbitration program in the statute.
- Deadline to bring a claim
- Suit must be filed within 3 years from the date of purchase or 1 year from the end of the warranty period, whichever is longer.
Maine: Me. Rev. Stat. tit. 10, §§ 1161 to 1169 · official text
- Protection period
- Term of the express warranty, 3 years from original delivery, or the first 18,000 miles, whichever occurs earliest.
- Repair attempts
- Same nonconformity subject to a repair attempt 3 or more times within the protection period and the nonconformity continues to exist.
- Serious safety defects
- Same nonconformity resulting in a serious failure of the braking or steering system and subject to a repair attempt one or more times.
- Days out of service
- Cumulative total of 15 or more business days out of service for repair.
- Notice to the manufacturer
- Consumer must notify the manufacturer or authorized dealer in writing of the desire for a refund or replacement; the manufacturer then has 7 business days after receipt for a final repair opportunity. Written notice is required only if the manufacturer clearly disclosed the requirement in the warranty or owner's manual.
- Dispute programs
- If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute program, the consumer must first use it or state-certified arbitration before the refund/replacement remedy applies. Maine runs a state-certified arbitration program through the Attorney General; manufacturers must submit to it if requested within 3 years of delivery or the warranty term, whichever comes first.
Maryland: Md. Code Ann., Com. Law §§ 14-1501 to 14-1504 · official text
- Protection period
- First 18,000 miles of operation or 24 months after original delivery to the consumer, whichever is earlier.
- Repair attempts
- Same nonconformity, defect, or condition subject to repair 4 or more times within the warranty period and it continues to exist.
- Serious safety defects
- A braking or steering system failure subject to the same repair at least once within the warranty period, after the manufacturer was notified and given an opportunity to cure, where the repair does not bring the vehicle into compliance with state safety inspection laws.
- Days out of service
- Cumulative total of 30 or more days out of service for repair of one or more nonconformities during the warranty period (statute says 'days', not specified as calendar or business).
- Notice to the manufacturer
- Consumer must give written notice of the nonconformity to the manufacturer or factory branch by certified mail, return receipt requested, during the warranty period, and give it an opportunity to cure; corrections must be completed within 30 days of the manufacturer's receipt of the notice.
- Dispute programs
- Optional. If the manufacturer has a 16 C.F.R. Part 703-compliant informal dispute procedure, the consumer 'may' resort to it, and using it does not bar other legal remedies. No state-run arbitration program in the statute; the Attorney General's Consumer Protection Division accepts lemon law complaints.
- Deadline to bring a claim
- Action must be commenced within 3 years of the date of original delivery of the vehicle to the consumer.
Massachusetts: Mass. Gen. Laws ch. 90, § 7N½ (new); ch. 90, § 7N¼ (used) · official text
- Protection period
- Term of protection: 1 year or 15,000 miles from original delivery, whichever comes first (new term for a replacement vehicle).
- Repair attempts
- Same nonconformity subject to repair 3 or more times within the term of protection and it continues to exist or recurs.
- Days out of service
- Cumulative total of 15 or more business days out of service for repair of any nonconformity during the term of protection.
- Notice to the manufacturer
- The manufacturer gets one additional opportunity to cure, not to exceed 7 business days, starting when it knows or should have known the repair or days limits were met. A consumer cannot be required to give notice directly to the manufacturer before using state-certified arbitration.
- Dispute programs
- State-certified new car arbitration, run through the Office of Consumer Affairs and Business Regulation, which manufacturers must submit to if the consumer requests it within 18 months of original delivery; a finding issues within 45 days. The statute does not make arbitration a precondition to a c. 93A claim. Used vehicles have state-certified used car arbitration, requested within 6 months of delivery.
- Deadline to bring a claim
- § 7N½ states no separate lawsuit deadline; state-certified arbitration must be requested within 18 months of original delivery. Used-vehicle claims under § 7N¼ must be commenced within 2 years of original delivery.
Michigan: Mich. Comp. Laws §§ 257.1401 to 257.1410 · official text
- Protection period
- Defect must first be reported within the term of the manufacturer's express warranty or 1 year from delivery to the original consumer, whichever is earlier.
- Repair attempts
- Same defect or condition that substantially impairs use or value subject to repair 4 or more times within 2 years of the first repair attempt and it continues to exist.
- Days out of service
- Out of service for repairs a total of 30 or more days or parts of days during the express warranty term or 1 year from delivery, whichever is earlier (not specified as business days).
- Notice to the manufacturer
- Before seeking a remedy, the consumer must send written notice by return receipt service to the manufacturer: any time after the 3rd repair attempt, or after the vehicle has been out of service at least 25 days. The manufacturer then has 5 business days after delivery to its designated repair facility to repair.
- Dispute programs
- If the manufacturer has or participates in an informal dispute settlement procedure meeting 16 C.F.R. Part 703 and the act's requirements, the consumer must first use it; the consumer is not bound by the decision. No state-run arbitration program in the act.
Minnesota: Minn. Stat. § 325F.665 · official text
- Protection period
- Term of the express warranty or 2 years from original delivery, whichever is earlier; refund/replacement is still available if the reasonable number of attempts occurs within 3 years of delivery and the defect was first reported during the express warranty term.
- Repair attempts
- Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Serious safety defects
- Complete failure of the braking or steering system likely to cause death or serious bodily injury, subject to repair at least once within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 30 or more business days out of service for repair during the protection period.
- Notice to the manufacturer
- The presumption applies only if the manufacturer, its agent, or dealer received prior written notification from or for the consumer at least once and an opportunity to cure; a dealer or agent receiving it must forward it to the manufacturer by certified mail.
- Dispute programs
- Manufacturers must operate or participate in an informal dispute settlement mechanism located in Minnesota that complies with 16 C.F.R. Part 703; the consumer must use it before suing for refund or replacement unless the manufacturer allows otherwise. Decisions are nonbinding unless the parties agree. No state-run program.
- Deadline to bring a claim
- Within 3 years of original delivery; if the consumer applied to the informal dispute mechanism within 3 years and is aggrieved by its decision, within 6 months after the mechanism's final decision.
Mississippi: Miss. Code Ann. §§ 63-17-151 to 63-17-165 · official text
- Protection period
- Term of the express warranty or 1 year from original delivery, whichever expires earlier (extended if a reported problem has not been repaired by then).
- Repair attempts
- Substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 15 or more working days out of service for repair of the nonconformity since delivery, excluding routine maintenance.
- Notice to the manufacturer
- Before using the Act, the consumer must give written notice to the manufacturer of the need for repair; after the vehicle is delivered to the designated repair facility, the manufacturer has 10 working days to conform it.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure complying with 16 C.F.R. Part 703, the consumer must first use it before the refund/replacement remedy applies (unless the manufacturer failed to tell the consumer it exists). No state-run program.
- Deadline to bring a claim
- Within 1 year after the express warranty expires or 18 months after original delivery, whichever is earlier; if the consumer used an informal dispute procedure, within 90 days after the panel's final action.
Montana: Mont. Code Ann. §§ 61-4-501 to 61-4-533 · official text
- Protection period
- Warranty period: 2 years after original delivery or the first 18,000 miles, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair 4 or more times during the warranty period and it continues to exist.
- Days out of service
- Cumulative total of 30 or more business days out of service because of nonconformity during the warranty period, after notification of the manufacturer, agent, or dealer.
- Notice to the manufacturer
- Consumer must notify the manufacturer or its agent in writing during the warranty period. The presumption does not apply against a manufacturer that has not received prior written notice and had an opportunity to cure; the manufacturer must disclose this requirement and the mailing address in the warranty or owner's manual.
- Dispute programs
- If the manufacturer has an informal dispute procedure certified by the Department of Justice as complying with 16 C.F.R. Part 703, the consumer must first use it. The Department of Justice provides a state arbitration procedure for consumers whose manufacturer lacks a certified program, and de novo state arbitration after a nonconforming manufacturer procedure; the consumer filing fee is $100.
Nebraska: Neb. Rev. Stat. §§ 60-2701 to 60-2709 · official text
- Protection period
- Term of the express warranty or 1 year from original delivery to a consumer, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 40 or more days out of service by reason of repair during the protection period (statute says 'days', not specified as calendar or business).
- Notice to the manufacturer
- The presumption does not apply unless the manufacturer received prior written direct notification by certified mail from or on behalf of the consumer and an opportunity to cure the defect.
- Dispute programs
- If the manufacturer has or participates in a dispute settlement procedure certified by the Director of Motor Vehicles (standards substantially complying with 16 C.F.R. Part 703), the consumer must first use it before the refund/replacement remedy applies. No separate state-run arbitration program in the statute.
- Deadline to bring a claim
- Within 1 year after the express warranty term expires or 2 years after original delivery to a consumer, whichever is earlier.
Nevada: Nev. Rev. Stat. §§ 597.600 to 597.688 · official text
- Protection period
- Before the manufacturer's express warranty expires or 1 year after delivery to the original buyer, whichever occurs earlier.
- Repair attempts
- Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 30 or more calendar days out of service for repairs within the protection period (extended if repairs cannot be made for reasons beyond the manufacturer's or dealer's control).
- Notice to the manufacturer
- Buyer must report the nonconformity in writing to the manufacturer within the protection period. The statute does not set a separate final-repair-opportunity procedure.
- Dispute programs
- If the manufacturer has established or designated an informal dispute procedure that substantially complies with 16 C.F.R. Part 703, the buyer must first submit the claim there before suing under NRS 597.630. No state-run program.
- Deadline to bring a claim
- Within 18 months after the date of original delivery of the vehicle to the buyer.
New Hampshire: N.H. Rev. Stat. Ann. §§ 357-D:1 to 357-D:12 · official text
- Protection period
- Term of the manufacturer's express warranty.
- Repair attempts
- Same nonconformity, shown on written repair orders, subject to repair at least 3 times within the express warranty term (by the same agent or dealer unless good cause is shown) and it continues to exist.
- Days out of service
- Cumulative total of 30 or more business days out of service for repair of one or more nonconformities during the express warranty term.
- Notice to the manufacturer
- After the 3rd repair attempt or 30 business days out of service, the consumer notifies the manufacturer (and lessor) in writing, on manufacturer-provided forms, of the nonconformity and the election to proceed. The manufacturer then has one final opportunity to repair within the 40-day period before arbitration.
- Dispute programs
- Consumer elects either the manufacturer's dispute settlement mechanism or the state New Motor Vehicle Arbitration Board; choosing one bars the other. Board filing fee is $50 for the consumer and $250 for the manufacturer; hearing within 40 days. Board decisions are final unless vacated by the superior court on limited grounds (appeal within 30 days).
- Deadline to bring a claim
- Any proceeding under the chapter must be commenced within 1 year after the later of the express warranty's expiration or the manufacturer's final repair attempt.
New Jersey: N.J. Stat. Ann. §§ 56:12-29 to 56:12-49 · official text
- Protection period
- First 24,000 miles or 2 years from original delivery, whichever is earlier (2 years for farm tractors).
- Repair attempts
- Substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist.
- Serious safety defects
- A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to examination or repair at least once, and it continues to exist.
- Days out of service
- Cumulative total of 20 or more calendar days out of service for repair since original delivery (45 or more calendar days for a motorhome), within the protection period, and a nonconformity continues to exist.
- Notice to the manufacturer
- The presumption applies only if the manufacturer received written notice of a potential claim by certified mail, return receipt requested, and had one opportunity to repair within 10 calendar days of receipt. Notice may be sent after 2 repair attempts, 20 calendar days out of service (45 for motorhomes), or 1 attempt for a serious safety defect. The notice is a prerequisite to applying for the state hearing.
- Dispute programs
- Optional. Consumers may use a manufacturer's informal dispute program or the Division of Consumer Affairs' state summary hearing (held at the Office of Administrative Law), but are not required to use either before suing in Superior Court. A state hearing decision binds both parties (appealable to the Appellate Division) and bars a later Superior Court lemon law action.
New York: N.Y. Gen. Bus. Law § 198-a (new); § 198-b (used) · official text
- Protection period
- First 18,000 miles of operation or 2 years from original delivery, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 30 or more calendar days out of service for repair during the protection period.
- Notice to the manufacturer
- Consumer must report the nonconformity to the manufacturer, its agent, or its authorized dealer during the protection period; a dealer receiving the report must forward it to the manufacturer. The statute does not require written notice to the manufacturer or a final repair opportunity before the presumption applies (special notice rules apply to motor homes).
- Dispute programs
- If the manufacturer has an informal dispute settlement mechanism complying with the section, the consumer must first use it before the refund/replacement remedy applies. Alternatively, the consumer may elect the state-run arbitration program established under Attorney General regulations (filing fee applies); manufacturers must participate.
- Deadline to bring a claim
- Action must be commenced within 4 years of the date of original delivery of the vehicle to the consumer.
North Carolina: N.C. Gen. Stat. §§ 20-351 to 20-351.11 · official text
- Protection period
- Refund/replacement applies to defects occurring no later than 24 months or 24,000 miles after original delivery. Express warranties must remain in effect at least 1 year or 12,000 miles.
- Repair attempts
- Same nonconformity presented for repair 4 or more times and it continues to exist.
- Days out of service
- Cumulative total of 20 or more business days out of service during or awaiting repair in any 12-month period of the warranty, after written notice to the manufacturer and a repair period not to exceed 15 calendar days.
- Notice to the manufacturer
- For the days-out-of-service presumption, the consumer must notify the manufacturer directly in writing and allow up to 15 calendar days to correct (not required if the manufacturer failed to disclose this in the warranty or owner's manual). Before suing, the consumer must give the manufacturer written notice of intent to sue at least 10 days before filing.
- Dispute programs
- Not required by the statute itself; a manufacturer may require use of an informal settlement procedure that substantially complies with the Magnuson-Moss Warranty Act if the requirement is clearly stated in the written warranty. No state-run program.
North Dakota: N.D. Cent. Code §§ 51-07-16 to 51-07-22 · official text
- Protection period
- Term of the express warranty or one year after original delivery, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair more than three times within the protection period and still not fixed.
- Days out of service
- Cumulative total of at least 30 business days during the warranty term or in a year, whichever is less.
- Notice to the manufacturer
- The presumption does not apply unless the manufacturer received prior direct notification from or on behalf of the consumer and an opportunity to cure the defect.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 CFR 703 (or participates in a binding appeals board), the consumer must use it first before getting the refund or replacement remedy. The attorney general determines on application whether a mechanism qualifies.
- Deadline to bring a claim
- Action must be commenced within six months after the earlier of expiration of the express warranty term or 18 months after original delivery.
Ohio: Ohio Rev. Code §§ 1345.71 to 1345.78 · official text
- Protection period
- One year after original delivery or the first 18,000 miles, whichever is earlier.
- Repair attempts
- Substantially the same nonconformity subject to repair three or more times and it continues to exist or recurs, or eight or more attempts to repair any nonconformities, within the protection period.
- Serious safety defects
- At least one attempt to repair a nonconformity likely to cause death or serious bodily injury if the vehicle is driven, and it continues to exist or recurs.
- Days out of service
- Cumulative total of 30 or more calendar days out of service for repair within the protection period.
- Notice to the manufacturer
- The consumer must report the nonconformity to the manufacturer, its agent or authorized dealer within the protection period. The lemon law sections do not require a separate written notice to the manufacturer.
- Dispute programs
- If an informal dispute resolution mechanism qualified under Ohio Attorney General rules exists and the consumer was timely notified of it in writing, the consumer must use it before suing. The consumer may still sue if dissatisfied with the decision or if the manufacturer does not comply. Limitation periods are tolled while it is pending.
- Deadline to bring a claim
- Within five years of the date of original delivery of the vehicle.
Oklahoma: Okla. Stat. tit. 15, §§ 901 and 901.1 · official text
- Protection period
- Term of the express warranty or one year after original delivery, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair four or more times within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 30 business days out of service for repair within the protection period.
- Notice to the manufacturer
- The consumer must report the nonconformity directly in writing to the manufacturer, its agent or authorized dealer within the protection period. The presumption applies only if the manufacturer received prior direct written notification and an opportunity to cure.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that complies in all respects with 16 C.F.R. Part 703, the consumer must use it first before getting refund or replacement. No state-run program.
Oregon: Or. Rev. Stat. §§ 646A.400 to 646A.418 · official text
- Protection period
- Defects must be reported within two years after original delivery or 24,000 miles, whichever comes first.
- Repair attempts
- Same nonconformity subject to repair three or more times within the protection period, with an opportunity to cure, and it continues to exist.
- Serious safety defects
- A nonconformity likely to cause death or serious bodily injury subject to repair at least one time plus a final repair attempt, and it continues to exist.
- Days out of service
- Cumulative total of 30 or more calendar days (60 or more calendar days for a motor home) within the protection period.
- Notice to the manufacturer
- The manufacturer must receive direct written notification from or on behalf of the consumer and have an opportunity to correct the defect. A request for the manufacturer's informal dispute procedure counts as notification.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that substantially complies with 16 C.F.R. part 703 and notifies the consumer of it, the consumer must use it first. The decision binds the manufacturer but not the consumer. No state-run arbitration program in the statute.
- Deadline to bring a claim
- Within one year after the earlier of 24,000 miles, two years after original delivery, or the end of any extension for unavailable repair services.
Pennsylvania: Act of Mar. 28, 1984, P.L. 150, No. 28, as amended (73 P.S. §§ 1951 to 1963) · official text
- Protection period
- One year after delivery, the first 12,000 miles, or the warranty term, whichever occurs first. For motorcycles, one year or the warranty term, whichever occurs first.
- Repair attempts
- Same nonconformity subject to repair three times and it still exists. For motorcycles, manufacturer-sourced parts must have been used, and attempts generally must be made at the same authorized facility or with full repair records provided.
- Days out of service
- Cumulative total of 30 or more calendar days out of service due to any nonconformity.
- Notice to the manufacturer
- The purchaser must deliver the vehicle to the manufacturer's authorized repair facility in Pennsylvania; written notice counts as delivery if the vehicle cannot be brought in. The dealer must notify the manufacturer by certified mail within seven days when the vehicle comes in a second time for the same nonconformity. The act does not require a separate final repair notice from the consumer.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that complies with 16 CFR Part 703, the purchaser must use it before suing. The decision is not binding on the purchaser, who may then sue. No state-run program.
Rhode Island: R.I. Gen. Laws §§ 31-5.2-1 to 31-5.2-14 · official text
- Protection period
- One year or 15,000 miles from original delivery, whichever comes first.
- Repair attempts
- Same nonconformity subject to repair four or more times within the term of protection and it continues to exist or recurs.
- Days out of service
- Cumulative total of 30 or more calendar days during the term of protection.
- Notice to the manufacturer
- The consumer must report the nonconformity to the manufacturer, its agent, dealer or lessor during the term of protection. Once a threshold is met, the manufacturer gets one additional opportunity to cure, not to exceed seven calendar days.
- Dispute programs
- If the manufacturer has a 16 CFR Part 703 (or FTC- or attorney general-approved) dispute program and gave written notice of it at delivery, the consumer must first use that program or the attorney general's Motor Vehicle Arbitration Board before getting refund or replacement. The state board charges the consumer a $20 nonrefundable filing fee. Using a program does not bar a later lawsuit.
- Deadline to bring a claim
- Within three years of original delivery or two years of the date the vehicle reached 15,000 miles, whichever is earlier. Tolled while a dispute settlement procedure is pending, until 30 days after the final decision.
South Carolina: S.C. Code Ann. §§ 56-28-10 to 56-28-110 · official text
- Protection period
- Nonconformity must arise within the first 12 months of purchase or first 12,000 miles of operation, whichever occurs first, and be reported during the express warranty term.
- Repair attempts
- Same nonconformity subject to repair three or more times within the express warranty term and it continues to exist.
- Days out of service
- Cumulative total of 30 or more calendar days during the express warranty.
- Notice to the manufacturer
- If the manufacturer clearly informed the consumer at sale, the consumer must give the manufacturer written notice (registered, certified or express mail) for a final opportunity to cure. The manufacturer has 10 business days to name a repair facility and then up to 10 business days to repair.
- Dispute programs
- If the manufacturer has a 16 CFR Part 703 dispute procedure or binding panel, the consumer must use it (or a state board if one is established) before getting refund or replacement. The statute lets the SCDCA Administrator create a state arbitration board for manufacturers without a qualifying program.
- Deadline to bring a claim
- Within three years following the date of original delivery of the vehicle to the consumer.
South Dakota: S.D. Codified Laws §§ 32-6D-1 to 32-6D-11 · official text
- Protection period
- Lemon law rights period: one year after original delivery or the first 12,000 miles, whichever occurs first. The manufacturer's repair duty and the presumption window run to 24 months or 24,000 miles, whichever occurs first.
- Repair attempts
- Same nonconforming condition subject to repair four or more times (at least one during the lemon law rights period) plus a final attempt by the manufacturer, within 24 months or 24,000 miles, and it continues to exist.
- Days out of service
- Cumulative total of 30 calendar days out of service in the custody of the manufacturer or dealer (including the final repair attempt, one attempt during the rights period), within 24 months or 24,000 miles.
- Notice to the manufacturer
- Before suing, the consumer must send written notice of the nonconforming condition to the manufacturer by certified mail and demand repair. If a presumption has arisen, the manufacturer gets a final opportunity: it must name a repair facility within 7 calendar days and complete repairs within 14 calendar days.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure conducted within South Dakota that complies with federal rules, the consumer must exhaust it before suing. No state-run arbitration program.
- Deadline to bring a claim
- Within three years following the date of original delivery of the vehicle to the consumer.
Texas: Tex. Occ. Code §§ 2301.601 to 2301.613 (ch. 2301, subch. M); 43 Tex. Admin. Code ch. 224, subch. G · official text
- Protection period
- Repair attempts must occur before the earlier of the express warranty's expiration or 24 months or 24,000 miles (whichever occurs first) after original delivery.
- Repair attempts
- Same nonconformity subject to repair four or more times within the protection period and it continues to exist.
- Serious safety defects
- Same nonconformity that creates a serious safety hazard subject to repair two or more times within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 30 or more days out of service for repair within the protection period, with a nonconformity that still substantially impairs use or market value. Days with a comparable loaner from the manufacturer or distributor do not count. The statute does not say calendar or business days.
- Notice to the manufacturer
- Refund or replacement cannot be ordered unless the owner (or someone on the owner's behalf, or TxDMV) gave the manufacturer, converter or distributor written notice of the defect and an opportunity to cure.
- Dispute programs
- Owners must exhaust the TxDMV administrative process (complaint, mediation, then a hearing before a hearings examiner) before refund or replacement is available. The filing fee is $35, reimbursed if the owner prevails. If no final order is issued within 150 days, the owner may file a civil action. Final orders are reviewable in Travis County district court.
- Deadline to bring a claim
- A TxDMV proceeding must be commenced within six months after the earliest of the express warranty's expiration or the date 24 months or 24,000 miles have passed since original delivery.
Utah: Utah Code Ann. §§ 13-20-1 to 13-20-8 · official text
- Protection period
- Term of the express warranty or one year after original delivery, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair four or more times within the protection period and it continues to exist.
- Days out of service
- Cumulative total of 30 or more business days during the warranty term or the one-year period, whichever is earlier.
- Notice to the manufacturer
- The consumer must report the nonconformity to the manufacturer, its agent or dealer within the protection period. A consumer may sue only after the claim has been investigated and evaluated by the Division of Consumer Protection.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must use it first to get refund or replacement. New recreational vehicle trailers with roof, subfloor or wall defects after four repair attempts go to mandatory mediation through the Consumer Arbitration Program for Recreation Vehicles, paid by the manufacturer.
Vermont: Vt. Stat. Ann. tit. 9, §§ 4170 to 4181 · official text
- Protection period
- Term of the manufacturer's express warranty; at least the first repair attempt must occur within that term.
- Repair attempts
- Same nonconformity subject to repair at least three times (first attempt within the express warranty term) and it continues to exist. Attempts must be shown by written repair orders and generally made at the same dealer unless good cause is shown.
- Days out of service
- Cumulative total of 30 or more calendar days during the term of the express warranty.
- Notice to the manufacturer
- After a reasonable number of attempts or 30 days out of service, the consumer must notify the manufacturer and lessor in writing, on manufacturer-provided forms, and elect either the manufacturer's dispute program or the state Board. The manufacturer gets one final repair opportunity, completed at least five days before the hearing.
- Dispute programs
- The remedy runs through arbitration: the consumer elects either the manufacturer's dispute settlement mechanism or the state-run Vermont Motor Vehicle Arbitration Board, and that choice rules out the other. Hearings must be held within 45 days of notice. No filing fee or costs are charged to the consumer. Board decisions may be appealed to Superior Court on limited grounds.
- Deadline to bring a claim
- Proceedings must be commenced within one year following the expiration of the express warranty term.
Virginia: Va. Code Ann. §§ 59.1-207.9 to 59.1-207.16:1 · official text
- Protection period
- Lemon law rights period: 18 months after original delivery of the new vehicle to the consumer. It is extended if the manufacturer was notified but the defect was not effectively repaired by the end of the period.
- Repair attempts
- Same nonconformity subject to repair three or more times within the rights period and it continues to exist.
- Serious safety defects
- A serious safety defect (life-threatening malfunction that impedes control or operation, or creates a risk of fire or explosion) subject to repair one or more times and it continues to exist.
- Days out of service
- Cumulative total of 30 calendar days out of service due to repair within the rights period.
- Notice to the manufacturer
- The consumer must notify the manufacturer in writing of the need for repair unless it has already been notified as defined in the statute (written complaint mailed, written response, or factory representative involvement). If a presumption already exists and the manufacturer was not notified, it gets one additional opportunity, not to exceed 15 days, to repair.
- Dispute programs
- Optional. If the manufacturer offers an informal dispute settlement procedure, it is the consumer's choice whether to use it. A court may triple the award if the manufacturer fails to comply with an accepted decision. No state-run arbitration program.
- Deadline to bring a claim
- Within the 18-month lemon law rights period. If the consumer used the manufacturer's dispute procedure within that period without a satisfactory result, the deadline is 12 months from the final action in that procedure or the original rights period, whichever is longer.
Washington: Wash. Rev. Code ch. 19.118 (RCW 19.118.005 to 19.118.904) · official text
- Protection period
- Eligibility period: two years after original delivery or the first 24,000 miles, whichever occurs first. At least one repair attempt (or 15 of the 30 days) must fall within the manufacturer's written warranty, treated as at least one year or 12,000 miles.
- Repair attempts
- Same nonconformity subject to diagnosis or repair four or more times (at least one during the written warranty) and it continues to exist. For motor homes, three or more times plus a final repair attempt.
- Serious safety defects
- Same serious safety defect subject to diagnosis or repair two or more times (at least one during the written warranty) and it continues to exist, or two or more different serious safety defects each subject to repair one or more times within a 12-month period. For motor homes, one time plus a final repair attempt.
- Days out of service
- Cumulative total of 30 calendar days out of service for diagnosis or repair, at least 15 of them during the written warranty (60 calendar days for motor homes).
- Notice to the manufacturer
- The consumer makes a written request to the manufacturer's corporate, dispute resolution, zone or regional office; the manufacturer then has 40 calendar days to replace or repurchase at the consumer's option. Motor home owners must also send written notice for a final repair attempt.
- Dispute programs
- The consumer must exhaust either the state arbitration board run through the Attorney General (no charge to the consumer) or a manufacturer's 16 CFR Part 703 procedure before suing in superior court. Board decisions bind the manufacturer once the consumer accepts, and either side may seek a trial de novo in superior court.
- Deadline to bring a claim
- Arbitration must be requested within 30 months from original delivery of the new vehicle (extended for a motor home's final repair attempt). After rejecting a board decision, the consumer has 120 calendar days to file an appeal in superior court.
West Virginia: W. Va. Code §§ 46A-6A-1 to 46A-6A-9 · official text
- Protection period
- Defects must be reported during the express warranty term or within one year after original delivery, whichever is longer. The repair presumptions use the warranty term or one year, whichever is earlier.
- Repair attempts
- Same nonconformity subject to repair three or more times within the express warranty term or one year after delivery, whichever is earlier, and it continues to exist.
- Serious safety defects
- A nonconformity likely to cause death or serious bodily injury if driven, subject to repair at least once within the warranty term or one year, whichever is earlier, and it continues to exist.
- Days out of service
- Cumulative total of 30 or more calendar days within the warranty term or one year, whichever is earlier.
- Notice to the manufacturer
- The presumption applies only if the manufacturer received prior written notification from or on behalf of the consumer and had at least one opportunity to cure. Buyers must receive a written statement at purchase saying they must first notify the manufacturer in writing.
- Dispute programs
- If a third-party dispute resolution process qualified under Attorney General rules exists and the consumer was timely notified in writing, the consumer must use it before suing. Limitation periods are tolled while it is pending.
- Deadline to bring a claim
- Within one year of the expiration of the express warranty term.
Wisconsin: Wis. Stat. § 218.0171; Wis. Admin. Code ch. Trans 143 · official text
- Protection period
- Term of the express warranty or one year after first delivery to a consumer, whichever is sooner.
- Repair attempts
- Same nonconformity subject to repair at least 4 times within the protection period and it continues.
- Days out of service
- Aggregate of at least 30 days out of service because of warranty nonconformities within the protection period (calendar vs. business days not stated). Days lost to natural disaster, war, fire or strike do not count.
- Notice to the manufacturer
- After a reasonable attempt to repair fails, the consumer must give the manufacturer the Wisconsin DOT form electing a refund or a comparable new vehicle. The manufacturer must pay a refund within 30 days of the offer to transfer title. For replacements it must agree in writing within 30 days and deliver within 45 days (120 days for heavy-duty vehicles).
- Dispute programs
- If an informal dispute settlement procedure certified by the Wisconsin DOT is available, the consumer must use it before suing. No state-run arbitration program.
- Deadline to bring a claim
- Within 36 months after first delivery of the vehicle to a consumer.
Wyoming: Wyo. Stat. Ann. § 40-17-101 · official text
- Protection period
- Defects must be reported within one year following original delivery to the consumer.
- Repair attempts
- Same nonconformity subject to repair more than three times within one year of original delivery and it continues to exist.
- Days out of service
- Cumulative total of 30 business days out of service due to repair within one year of original delivery.
- Notice to the manufacturer
- The presumption does not apply unless the manufacturer received prior direct written notification from or on behalf of the consumer and had a reasonable opportunity to cure.
- Dispute programs
- If the manufacturer has an informal dispute settlement procedure that complies with federal law and regulation, the consumer must exhaust it before getting refund or replacement. No state-run program.
How to use the results
Start with the protection period. Most lemon laws only count problems that were first reported inside that window, so find your delivery date and the mileage on your first repair order for the problem. Then count the repair visits for the same defect, and add up the days the vehicle was in the shop. Your repair orders show all three.
If your numbers come close to your state's tests, don't wait. Notice rules and filing deadlines can end a claim even when the repair history is strong. Read does my vehicle qualify for the full explanation, or contact us and we will look at your dates with you.
Key takeaways
- Each state sets its own tests. The rules shown here come from each state's statute text, with a link to the official source.
- Most lemon laws look at repeated repairs for the same defect, a serious safety defect, or total days out of service, inside a protection period.
- This tool shows rules and a checklist. It doesn't decide whether you have a claim; your repair orders and contract do.