Lemon Law FAQ: Answers to Common Questions

A lemon law is a state law that gives you a remedy, usually a refund or replacement, when a vehicle has a warranty defect the manufacturer can't fix after a fair chance. Each state writes its own, so the rules on which vehicles are covered, how many repairs count and how long you have differ. A federal law, the Magnuson-Moss Warranty Act, also lets consumers sue over broken warranties (15 U.S.C. §2310(d)). Start with our lemon law overview and then read your state's lemon law page.

In most states, a car is a lemon when a defect covered by the manufacturer's warranty substantially impairs its use, value or safety and still isn't fixed after a reasonable number of repair attempts. Florida's statute is a typical example: a 'nonconformity' is 'a defect or condition that substantially impairs the use, value, or safety of a motor vehicle' (Fla. Stat. §681.102). Minor annoyances usually don't qualify, and damage from an accident, abuse or unauthorized changes is usually excluded. Our page on whether your vehicle qualifies walks through each test.

It depends on your state. Many states presume a reasonable number of attempts after a set number of repairs for the same defect, often fewer for a serious safety problem, during a set protection period. Florida, for example, presumes it after three repairs of the same nonconformity plus a final attempt by the manufacturer (Fla. Stat. §681.104(3)(a)). Federal law doesn't set a number; under a full warranty it uses 'a reasonable number of attempts' (15 U.S.C. §2304(a)(4)). See repair attempts and your state page.

Many states also count total days out of service for repairs, as a separate test from repair attempts. Florida presumes a reasonable number of attempts when the vehicle is out of service for repairs 'for a cumulative total of 30 or more days,' or 60 days for a recreational vehicle, not counting routine maintenance (Fla. Stat. §681.104(3)(b)). Other states use different totals, and some count business days instead of calendar days. Keep every repair order showing the in and out dates. Our repair attempts page explains how days are usually counted.

Not exactly, but the Magnuson-Moss Warranty Act is the closest thing. It's a federal law covering written warranties, implied warranties and service contracts on consumer products, including vehicles bought for personal use. It lets a consumer sue for damages and other relief when a warrantor fails to honor them (15 U.S.C. §2310(d)(1)). Under a full warranty, it also requires a refund or replacement option after a reasonable number of failed repairs (§2304(a)(4)). It works alongside state lemon laws, not in place of them. Read our Magnuson-Moss guide.

Sometimes. A used car still under the manufacturer's original warranty may be covered, because many laws protect a person the vehicle is transferred to while the warranty runs. Federal law does this in its definition of consumer (15 U.S.C. §2301(3)). A few states, including Massachusetts, Minnesota and New York, also have separate laws that require dealers to give a written warranty on many used cars (G.L. c. 90, §7N¼; Minn. Stat. §325F.662; N.Y. Gen. Bus. Law §198-b). Our used cars page covers the details.

In many states, yes. Florida, Massachusetts and New York all include the lessee in their definition of consumer (Fla. Stat. §681.102; G.L. c. 90, §7N½; N.Y. Gen. Bus. Law §198-a(a)). In a lease buyback, the refund is usually split: you get back what you paid on the lease, and the leasing company gets the rest of what it's owed. Some states also bar early termination penalties when a lemon law refund ends the lease. Our leased vehicles page explains how it works.

It depends on your state, and the deadline can be short. Most lemon laws have a protection period, measured from the original delivery date, during which the defect must be reported. Many also have a separate deadline to file a claim or lawsuit. Florida, for example, requires a lawsuit within one year after its 24-month lemon law rights period ends, or one year after a dispute program or the state board takes final action (Fla. Stat. §§681.102, 681.112(2)). Read our deadlines page and your state page.

Often, yes. Many states require written notice to the manufacturer, and some require a final repair opportunity. Florida requires written notice by registered or express mail after three repair attempts, so the manufacturer can make a final attempt (Fla. Stat. §681.104(1)(a)). Federal law also requires giving the warrantor 'a reasonable opportunity to cure' before most Magnuson-Moss suits (15 U.S.C. §2310(e)). Check your warranty booklet for the address. Our notice to manufacturer page explains what to send and how.

Usually a refund (a buyback) or a replacement vehicle. Florida, for example, requires the manufacturer to refund 'the full purchase price' less a reasonable offset for use, or replace the vehicle, and lets the consumer choose a refund over a replacement (Fla. Stat. §681.104(2)(a)). Many states add some taxes, fees and incidental costs. Under Magnuson-Moss, a consumer may sue for 'damages and other legal and equitable relief' (15 U.S.C. §2310(d)(1)). What you get depends on your state, your claims and how the case ends. See buyback and replacement.

In many states, at least some of them. Florida's refund must include 'all reasonably incurred collateral and incidental charges' (Fla. Stat. §681.104(2)(a)). It defines collateral charges to include manufacturer- or agent-installed items, earned finance charges, sales taxes and title charges (§681.102). Massachusetts lists 'sales tax, registration fee, finance charges and any cost of options added by an authorized dealer' (G.L. c. 90, §7N½). Other states list different items. Keep your purchase contract and receipts. Our buyback and replacement page covers what's often included.

It's a deduction from your refund for the use you got out of the vehicle. States use different formulas. Florida multiplies the miles attributable to the consumer by the vehicle's price, then divides by 120,000, or 60,000 for a recreational vehicle (Fla. Stat. §681.102). Massachusetts multiplies the contract price by the miles driven before the manufacturer accepts the return, divided by 100,000, for most new vehicles (G.L. c. 90, §7N½). Its used-car law uses 15 cents a mile (§7N¼). Check your state's page and our buyback and replacement page for the formula that applies.

Sometimes. Some claims end with a negotiated settlement where the owner keeps the vehicle and receives a payment. That is a matter of agreement, not a remedy every lemon law spells out. Under Magnuson-Moss, a consumer may sue for 'damages and other legal and equitable relief' for breach of warranty (15 U.S.C. §2310(d)(1)), which can include money while keeping the vehicle. Before you sign any settlement, read the release closely, because it may give up other claims. Our buyback and replacement page compares the options.

Sometimes. If the manufacturer's written warranty requires you to use a dispute program that meets FTC rules, you must try it before suing under Magnuson-Moss (15 U.S.C. §2310(a)(3)). Some states have their own first-resort rules. New York's refund and replacement remedies don't apply to a consumer who hasn't first used a qualifying manufacturer program (N.Y. Gen. Bus. Law §198-a(g)). Florida requires you to submit the dispute to the state before suing (Fla. Stat. §681.1095(4)). See arbitration and dispute programs.

Manufacturer programs that follow FTC rules aren't binding on you. 'Decisions of the Mechanism shall not be legally binding on any person' (16 CFR §703.5(j)). State programs vary. In Washington, the consumer can accept or reject the decision, and it becomes final on acceptance (RCW 19.118.090(7)). In Florida, a decision is final unless either side appeals within 30 days (Fla. Stat. §681.1095(10)). Any decision can be used as evidence later (15 U.S.C. §2310(a)(3)). Our arbitration page explains each type.

No. BBB AUTO LINE, run by BBB National Programs, says it 'does not charge any fee to vehicle owners.' That fits the federal rule for manufacturer dispute programs, which says a program 'shall not charge consumers any fee' (16 CFR §703.3(a)). The program handles warranty and lemon law disputes through mediation and arbitration, but only for participating manufacturers, and some take part only in some states. Check your warranty booklet to see which program your manufacturer uses. More on our arbitration and dispute programs page.

No law requires one, and some programs are designed for owners to use on their own. BBB AUTO LINE, for instance, says it helps owners settle warranty disputes 'without the need for an attorney.' Many owners still talk to a lawyer, because lemon law claims turn on deadlines, notice rules, repair records and refund math that vary by state. A lawyer can also tell you whether a Magnuson-Moss claim adds anything. Many lemon laws, and Magnuson-Moss, let a consumer who wins recover reasonable attorney's fees from the manufacturer. See attorney's fees and costs.

It depends on the law, the result and your fee agreement. Many lemon laws, and the federal Magnuson-Moss Warranty Act, let a consumer who wins recover reasonable attorney's fees from the manufacturer; we explain exactly how fees work in your case before you sign anything. Under Magnuson-Moss, the court may allow fees to a consumer who 'finally prevails' unless it finds an award 'would be inappropriate' (15 U.S.C. §2310(d)(2)). Some state laws make fees mandatory for a winning consumer, others leave them to the court. See attorney's fees and costs.

In some states. Coverage depends on how each state defines a motor vehicle. Florida's definition excludes 'motorcycles, mopeds' (Fla. Stat. §681.102). Massachusetts' new-vehicle law, by contrast, has its own use-allowance formula for motorcycles, based on 25,000 miles instead of 100,000 (G.L. c. 90, §7N½). Even where a state lemon law doesn't apply, a motorcycle sold with a written warranty is still covered by Magnuson-Moss (15 U.S.C. §2301(1)). See our motorcycles page and your state page.

Often, but sometimes only in part. Florida's lemon law includes recreational vehicles but leaves out their 'living facilities,' such as plumbing fixtures, roof air conditioners, furnaces and generators (Fla. Stat. §681.102). It also gives RVs longer limits, such as 60 days out of service instead of 30 (§681.104(3)(b)). Coverage for motor homes varies by state. Magnuson-Moss can still apply to written warranties from the chassis maker and the body or coach maker. Our RV and motor home page covers the details.

Generally yes, on the same terms as any other vehicle. Lemon laws usually focus on whether the vehicle is covered, whether the defect is covered by the manufacturer's warranty and whether it substantially impairs the vehicle, not on what powers it. If your EV came with a separate battery or drive-system warranty, read that document too. Problems like charging failures or battery faults are judged under the same tests as other defects. Our electric vehicles page covers the common EV warranty questions.

It depends on the state and the facts. Many lemon laws focus on vehicles used mainly for personal, family or household purposes. Florida's definition of consumer, for example, refers to a vehicle 'primarily used for personal, family, or household purposes' (Fla. Stat. §681.102). Massachusetts' used-car law excludes 'any vehicle used primarily for business purposes' (G.L. c. 90, §7N¼). Magnuson-Moss covers products 'normally used for personal, family, or household purposes' (15 U.S.C. §2301(1)). Check your state page.

Keep documenting it anyway. A repair order that says 'could not duplicate' still shows you reported the defect on that date, at that mileage. Whether that visit counts as a repair attempt depends on your state's law. Describe the problem the same way each time, note when it happens and record it on video if you can do so safely. Ask for a copy of every repair order before you leave. Our guide on how to document repair visits and our repair attempts page explain what to look for.

Sometimes, depending on your state and the defect. A recall is a separate federal safety process. When a recall is required, the manufacturer must remedy the defect 'without charge' by repair, replacement or a refund less depreciation (49 U.S.C. §30120(a)). If the recall repair doesn't fix the problem, or the same defect keeps coming back, the visit may support a lemon law claim. Whether recall visits count as repair attempts varies by state. Our guide on lemon law vs recall explains how the two fit together.

You can, but talk to a lawyer first. Most lemon law remedies require you to return the vehicle. Florida, for example, says the consumer, lienholder or lessor must give the manufacturer 'clear title to and possession of the motor vehicle' on receiving a refund or replacement (Fla. Stat. §681.104(2)(a)). If you no longer have the car, a buyback may not be possible, and you may be left with other claims. Our guide on selling or trading in a lemon covers the trade-offs.

It's usually repaired and resold, with a disclosure. Florida bars knowingly selling, leasing or transferring title to a returned vehicle unless the nonconformity is 'clearly and conspicuously disclosed' and the manufacturer warrants to correct it for 1 year or 12,000 miles (Fla. Stat. §681.114(2)). Massachusetts requires 'clear and conspicuous written disclosure' that the vehicle was returned (G.L. c. 90, §7N½). Rules differ by state. If you're buying used, ask for the vehicle history. See our glossary for title branding.

It depends on how each state defines who it protects. Some lemon laws cover vehicles sold in the state; Florida's, for example, covers a new vehicle 'sold in this state' (Fla. Stat. §681.102). Others look at where the vehicle is registered or where the owner lives. That means more than one state's law might apply, or neither might fit cleanly. The federal Magnuson-Moss Warranty Act applies everywhere, so it doesn't depend on where you bought the vehicle. Compare the coverage rules on the state lemon law pages for both states, and note the deadlines in each.

The defect usually has to be reported while the warranty or the state's protection period is running. Most lemon laws measure that period from the original delivery date, and many cut it off at a set number of months or miles even if the warranty lasts longer. A repair that began under the warranty may still count after it expires, depending on the state. Under Magnuson-Moss, a consumer may sue over a failure to honor the written warranty (15 U.S.C. §2310(d)(1)). Our deadlines page explains how these periods work.

It can raise the modification as a defense, if the change caused the problem. Florida makes it an affirmative defense that the nonconformity 'is the result of an accident, abuse, neglect, or unauthorized modifications or alterations' by someone other than the manufacturer or its agent (Fla. Stat. §681.104(4)(b)). Washington has a similar defense (RCW 19.118.090(5)). Under a full warranty, federal law excuses the warrantor when the defect came from damage or 'unreasonable use' (15 U.S.C. §2304(c)). A modification that has nothing to do with the defect is a different question. See does my vehicle qualify.

Often, if the problem appears while the original warranty or protection period is still running. Federal law defines a consumer to include 'any person to whom such product is transferred during the duration of an implied or written warranty' (15 U.S.C. §2301(3)). Florida's definition includes a person the vehicle is transferred to during the 24-month lemon law rights period (Fla. Stat. §681.102). The clock usually runs from the first owner's delivery date, so a second owner may have little time left. Our used cars page explains the details.

Usually not by implied warranties, but there are exceptions. An 'as is' sale means the dealer won't pay for repairs, according to the FTC. But a dealer that gives a written warranty, or sells you a service contract at the sale or within 90 days, can't disclaim implied warranties (15 U.S.C. §2308(a)). Some states limit or ban 'as is' sales, and the FTC rule defers to them (16 CFR §455.2(b)(1)(ii)). A factory warranty still in force also still applies. Our used cars page covers the Buyers Guide.

Keep everything that shows what you bought, what went wrong and what was done about it. That includes the purchase or lease contract, the warranty booklet, every repair order with dates and mileage, rental and towing receipts, and every letter, email or text with the dealer and manufacturer. Ask for a copy of each repair order before you leave the shop and read it to make sure your complaint is written down. Our guides on how to document repair visits and the new car problems checklist help.