Your Car and Lemon Law

Just what do lemon laws cover? It is wise to check into your own state's laws. On average, the lemon law covers vehicles that show a defect in a major part of the car. The problems must become apparent within the first twelve to twenty-four months (or 12,000 to 24,000 miles) of ownership. The defect cannot be something minor such as flaws in the paint job, minor repairs, or cosmetic wear. It must be something that needs repeated repairs within the time frame. The timeline and major defect prove the car is unsafe or inoperable.

After purchase, your car may need some repairs. This is not the time to look into the lemon law. Initial repairs should be covered under your vehicle warranty or extended warranty. A vehicle warranty and an extended warranty cover different time lengths and parts of the car. Read your vehicle warranty to determine time and parts covered; some provide free repairs for all parts for the first six months. The lemon law applies after you use the vehicle warranty for repairs and continue to experience numerous problems with the car.

Are Used Cars Covered Under Lemon Law?

Most states do not cover used cars under the lemon law. The exception is if it was sold as a "Certified Used Vehicle". This label makes the car "new" in terms of the lemon law. A certified used vehicle means the automobile has a vehicle warranty from the manufacturer.

The manufacturer does not cover an extended warranty. Instead, extended warranties are bought through the dealer as a type of insurance. Extended warranties provide some repairs beyond the regular vehicle warranty. Remember to read what is covered under your vehicle's extended warranties. Certain parts of your car may be repaired, while others are only covered in the original vehicle warranty.

To qualify under the lemon law, you must show the car's defect on the same part under the time frame for your state. If you take your vehicle to the shop for a transmission problem that occurs frequently and cannot be fixed, then your car will likely qualify. If the car needs repairs on different parts, such as the radiator and then a different problem in the transmission, then it probably will not qualify. Most states do allow the repair of related parts, which shows the car's major defect. Remember to always keep paperwork on all repairs.

The Dealer's Responsibility

The dealer has a responsibility to make necessary repairs under the lemon law. The dealer has the right to keep the vehicle up to 30 days total in the shop. The dealer must attempt repairs-up to three to four times for problems causing the car to be inoperable such as shaking. The dealer is allowed up to one to two times for serious problems such as repairing brakes or steering. The number of repairs allowed by the lemon law is determined state to state.

Your vehicle will likely qualify if the car needs repeated warranty repairs to the same part after your purchase. If the dealer cannot fix the repairs in the state's time frame guideline, then your car may qualify for compensation or replacement under the lemon law, and it is time to consult with a lemon law attorney.