Your Rights If Your Car Is a Lemon
If your car turns out to be a lemon, you may be able to get a refund or replacement vehicle. Here’s how.
It’s a new car owner’s worst nightmare. The beautiful new car you proudly drove off the lot turns out to have unfixable problems. If this sounds familiar, you’re not alone. An estimated 150,000 cars each year (or 1% of new cars) are lemons. Every state has enacted some type of “lemon law” to help consumers who get stuck with lemons.
In order to take advantage of these laws, you need to know what qualifies as a lemon and how to get a refund or replacement car.
What Qualifies as a “Lemon”?
In order to qualify as a lemon under most state laws, the car must (1) have a substantial defect covered by the warranty that occurred within a certain period of time or number of miles after you bought the car, and (2) not be fixed after a reasonable number of repair attempts. In most states, the lemon law only applies to new cars (but see below).
Substantial Defect
A “substantial defect” is a problem covered by the warranty that impairs the car’s use, value, or safety, such as faulty brakes or steering. Minor defects such as loose radio knobs and door handles do not meet the legal definition of “substantial defect.”
As with most legal definitions, the line between a “minor” and a “substantial” defect is not always clear. Some not-so-obvious conditions, such as defective paint jobs or horrible smells, have been found to be substantial defects.
In all states, the substantial defect must occur within a certain period of time (usually one or two years) or within a certain number of miles (usually 12,000 or 24,000). The defect must not be caused by abuse.
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