Key takeaways
- These guides cover the practical side of a lemon law problem: what to do, what to say and what to keep.
- Paperwork matters. The repair order is the record a lemon law claim usually rests on.
- Some states require the repair shop to give you an itemized repair order after every warranty visit. Florida and Washington both do (Fla. Stat. § 681.103(4); RCW 19.118.031(5)).
- A safety recall and a lemon law claim are separate, but a recall repair can still be part of your repair history.
On this page
These guides cover the practical side of a lemon law problem. What to do when a new vehicle starts acting up, what to say at the service desk, what to keep, and what to think about before you make a big decision like selling the car. They're written in plain English and they point to the official law where it matters.
Gregory R. Jacobs is the attorney responsible for this site. He is licensed in Texas only. The guides explain general rules that apply in many states, and they link to state lemon law pages for the details that differ.
Which guide do I need?
Pick the one that matches where you are right now. If you're not sure, start with the checklist.
| Where you are | Read this |
|---|---|
| Just bought the vehicle, or the first problem just showed up | New car problems checklist |
| You've had one or more repair visits | How to document repair visits |
| You're about to go back to the dealer | What to say at the dealership |
| You got a recall notice, or wonder if your problem is a recall | Lemon law vs. recall |
| You're thinking about selling or trading in the vehicle | Selling or trading in a lemon |
What's in each guide?
Each guide is short enough to read in one sitting, and most include a list or table you can print.
New car problems checklist
A step-by-step list from delivery day to a possible claim. It covers what to check when you take delivery, how to report the first problem, when to send written notice and when to call a lawyer. Read the checklist.
How to document repair visits
The repair order is the most important paper in a lemon law case. This guide shows what a good one says, how to get a copy every time, how to use photos and video, and gives you a repair log table to copy. Some states require an itemized repair order after each warranty visit, and the guide shows two examples. Read the guide.
Lemon law vs. recall
A recall is a federal safety process under 49 U.S.C. chapter 301. A lemon law claim is a state warranty remedy. This guide explains the difference, how a recall repair can count in your repair history, and how to check your VIN at nhtsa.gov/recalls. Read the guide.
What to say at the dealership
How to describe a symptom so it gets written down right, what to do when you hear "could not duplicate," how to ask for a test drive with a technician, and when to put a complaint in writing. Read the guide.
Selling or trading in a lemon
What can happen to a claim when you sell or trade in the vehicle, why disclosure matters, and why to talk to a lawyer before you sign anything. Read the guide.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
Where do I learn the law itself?
Start with the lemon law overview, then check does my vehicle qualify and repair attempts. For your vehicle type, see the vehicles section.
Frequently asked questions
Where should I start if my new car keeps going back to the shop?
Start with the new car problems checklist. It walks you from delivery day through repair visits, written notice and the decision to talk to a lawyer. Then read the guide on documenting repair visits, because the repair order is the record that matters most. If you're about to go back to the dealer, read what to say at the dealership first. For the law itself, see the lemon law overview and your state's page.
Do I need a lawyer to use these guides?
No. The guides are written for owners and you can follow them on your own. They explain general rules, not the law of every state, and they aren't legal advice for your situation. State lemon laws set their own deadlines and repair counts, and missing one can end a claim. If your vehicle has been in the shop several times for the same problem, it's worth having a lawyer review your records before a deadline passes.
Is a recall the same as a lemon law claim?
No. A recall is a federal safety process. When a manufacturer decides a vehicle has a safety defect, it must notify owners and remedy the defect without charge, with limits for older vehicles (49 U.S.C. §§ 30118, 30120). A lemon law claim is a state-law remedy for a warranty defect the manufacturer couldn't fix after a reasonable number of tries. The two can overlap. Our lemon law vs. recall guide explains how.
Can I sell my car if I think it's a lemon?
You can, but it may change or weaken your claim. Many lemon law remedies involve returning the vehicle to the manufacturer for a refund or replacement, and you can't return a car you no longer own. Talk to a lawyer before you sell or trade it in. Our guide on selling or trading in a lemon covers the questions to ask first.
How often are these guides updated?
Each guide shows a published and an updated date near the title, so you can see how current it is. Federal citations point to the official text on uscode.house.gov, ecfr.gov and nhtsa.gov, and state examples point to the state's own statute website. Laws can change after a page is updated, so confirm the current text before you rely on a deadline. If you spot something that looks out of date, tell us through the contact page.