Key takeaways
- 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.
- Days out of service: out of service for repair a cumulative total of 30 or more business days within the period.
- Deadline: 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.
- The law is Idaho Code §§ 48-901 to 48-913. Read it with your repair orders and your warranty in front of you.
On this page
Idaho's lemon law is Idaho Code §§ 48-901 to 48-913, the Idaho Motor Vehicle Warranty (Lemon Law), Idaho Code Title 48, Chapter 9. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
Idaho lemon law at a glance
| Statute | Idaho Code §§ 48-901 to 48-913 |
|---|---|
| Official name | Idaho Motor Vehicle Warranty (Lemon Law), Idaho Code Title 48, Chapter 9 |
| Vehicles covered | Motor vehicles (as defined in Idaho Code title 49) sold or licensed in Idaho for personal business, personal, family, or household use. Excludes motorcycles, farm tractors, trailers and vehicles with a gross laden weight over 12,000 pounds. |
| Leased vehicles | Yes, leased vehicles are covered. |
| 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. |
| Remedies | A comparable replacement vehicle or a refund of the amount paid, including trade-in value, capped at 105 percent of MSRP, plus taxes, fees, towing and rental costs. The consumer may reject a replacement and take a refund. The use allowance may not exceed miles driven up to the arbitration hearing multiplied by the purchase price, divided by 120,000. Lessees receive a refund only, not a replacement. |
| Attorney's fees | Yes. A consumer injured by a violation may recover costs and disbursements, including reasonable attorney's fees for the civil action, but not fees from the informal dispute process. |
| Used vehicles | A person to whom the new vehicle is transferred for the same purposes during the express warranty is a 'consumer'. No separate used-car lemon law. |
Does your vehicle qualify in Idaho?
The law covers motor vehicles (as defined in Idaho Code title 49) sold or licensed in Idaho for personal business, personal, family, or household use. Excludes motorcycles, farm tractors, trailers and vehicles with a gross laden weight over 12,000 pounds. The protection period is 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. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: 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 defect: 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.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
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.
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: 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.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
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.
What you can recover
A comparable replacement vehicle or a refund of the amount paid, including trade-in value, capped at 105 percent of MSRP, plus taxes, fees, towing and rental costs. The consumer may reject a replacement and take a refund. The use allowance may not exceed miles driven up to the arbitration hearing multiplied by the purchase price, divided by 120,000. Lessees receive a refund only, not a replacement. Yes. A consumer injured by a violation may recover costs and disbursements, including reasonable attorney's fees for the civil action, but not fees from the informal dispute process. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Idaho's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Idaho vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in Idaho?
Under Idaho Code §§ 48-901 to 48-913, the presumption is met when 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. A defect likely to cause death or serious injury has its own test: 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. The law also counts time in the shop: out of service for repair a cumulative total of 30 or more business days within the period.
How long do I have to file a lemon law claim in Idaho?
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. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the Idaho lemon law cover used cars?
A person to whom the new vehicle is transferred for the same purposes during the express warranty is a 'consumer'. No separate used-car lemon law. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the Idaho lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in Idaho?
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. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Idaho?
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.
Can I recover attorney's fees under the Idaho lemon law?
Yes. A consumer injured by a violation may recover costs and disbursements, including reasonable attorney's fees for the civil action, but not fees from the informal dispute process. We explain exactly how fees work in your case before you sign anything.