Key takeaways
- 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.
- Deadline: proceedings must be commenced within one year following the expiration of the express warranty term.
- The law is Vt. Stat. Ann. tit. 9, §§ 4170 to 4181. Read it with your repair orders and your warranty in front of you.
On this page
Vermont's lemon law is Vt. Stat. Ann. tit. 9, §§ 4170 to 4181, the New Motor Vehicle Arbitration (Vermont lemon law). 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.
Vermont lemon law at a glance
| Statute | Vt. Stat. Ann. tit. 9, §§ 4170 to 4181 |
|---|---|
| Official name | New Motor Vehicle Arbitration (Vermont lemon law) |
| Vehicles covered | Passenger motor vehicles purchased, leased or registered in Vermont that are still under the manufacturer's express warranty, plus the warranted portions of recreation vehicles. Excludes motorcycles, motor-driven cycles, snowmobiles, tractors, road-building equipment, the living portion of recreation vehicles, and trucks over 12,000 pounds GVWR. Government entities and businesses registering or leasing three or more vehicles are not consumers. |
| Leased vehicles | Yes, leased vehicles are covered. |
| 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. |
| Remedies | At the consumer's option, a comparable new replacement vehicle, or a refund of the full purchase price, trade-in and down payment credits, finance and credit charges, registration fees, and incidental and consequential damages, less a use allowance of full purchase price times miles before the first repair attempt divided by 100,000. Vermont purchase and use tax is refunded by the state on a claim filed within 90 days. A 10 percent added award applies if the manufacturer misses the order's deadline. |
| Attorney's fees | Limited. When a Board decision is confirmed in court, the prevailing party is awarded attorney's fees and costs for obtaining confirmation. The chapter has no general fee-shifting provision. |
| Used vehicles | No separate used-car lemon law. A person who receives the vehicle during the express warranty is a consumer, and a 'new motor vehicle' is defined as one still under the manufacturer's express warranty. |
Does your vehicle qualify in Vermont?
The law covers passenger motor vehicles purchased, leased or registered in Vermont that are still under the manufacturer's express warranty, plus the warranted portions of recreation vehicles. Excludes motorcycles, motor-driven cycles, snowmobiles, tractors, road-building equipment, the living portion of recreation vehicles, and trucks over 12,000 pounds GVWR. Government entities and businesses registering or leasing three or more vehicles are not consumers. The protection period is term of the manufacturer's express warranty; at least the first repair attempt must occur within that term. 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: 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.
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
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.
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: Proceedings must be commenced within one year following the expiration of the express warranty term.
State resource: Vermont Motor Vehicle Arbitration Board (administered through the Vermont DMV).
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
At the consumer's option, a comparable new replacement vehicle, or a refund of the full purchase price, trade-in and down payment credits, finance and credit charges, registration fees, and incidental and consequential damages, less a use allowance of full purchase price times miles before the first repair attempt divided by 100,000. Vermont purchase and use tax is refunded by the state on a claim filed within 90 days. A 10 percent added award applies if the manufacturer misses the order's deadline. Limited. When a Board decision is confirmed in court, the prevailing party is awarded attorney's fees and costs for obtaining confirmation. The chapter has no general fee-shifting provision. 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 Vermont's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your Vermont 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 Vermont?
Under Vt. Stat. Ann. tit. 9, §§ 4170 to 4181, the presumption is met when 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. The law also counts time in the shop: cumulative total of 30 or more calendar days during the term of the express warranty.
How long do I have to file a lemon law claim in Vermont?
Proceedings must be commenced within one year following the expiration of the express warranty term. 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 Vermont lemon law cover used cars?
No separate used-car lemon law. A person who receives the vehicle during the express warranty is a consumer, and a 'new motor vehicle' is defined as one still under the manufacturer's express warranty. 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 Vermont 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 Vermont?
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. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in Vermont?
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.
Can I recover attorney's fees under the Vermont lemon law?
Limited. When a Board decision is confirmed in court, the prevailing party is awarded attorney's fees and costs for obtaining confirmation. The chapter has no general fee-shifting provision. We explain exactly how fees work in your case before you sign anything.