Frequently Asked Questions

The term "lemon" refers to a vehicle that proves to be unsatisfactory due to defects or nonconformities. Lemon Laws aim to protect consumers by defining specific situations where they are entitled to a refund or a new vehicle. Essentially, if a vehicle has defects or issues that are not repaired within a reasonable number of attempts or a reasonable amount of time, it may qualify for lemon law relief. Your vehicle does not have to completely break down to be considered a lemon. If you are experiencing significant issues and frustrations with your vehicle, it is possible you have a lemon. The qualifications for Lemon Law vary from state to state. For more detailed information, please refer to your state's specific Lemon Law provisions.

Almost any type of passenger vehicle is covered by Lemon Laws in many states. This means that cars, trucks, vans, RVs, and many other types of motor vehicles are covered. For off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, and other items not covered by the strict definitions of the state-specific Lemon Law, other state and federal Lemon Laws are available which do cover these products. It is important to check your state's specific Lemon Law provisions to understand what types of vehicles and products are covered.

If your product came with a warranty and you are having problems getting defects repaired within a reasonable amount of time and/or a reasonable number of repair attempts, you may be covered under Federal Warranty Law. This law is similar to state Lemon Laws in that it provides for cash recovery to the consumer, in addition to attorney’s fees and costs if you are successful. This federal protection ensures that consumers can seek compensation for defective products beyond their state-specific Lemon Laws.

Yes, Lemon Laws in many states specifically include leased vehicles within their coverage. We have been just as successful settling leased vehicle cases as we have been with defective vehicles that were purchased. These laws are designed to protect all consumers, whether they purchase or lease their vehicles. If you are experiencing issues with a leased vehicle, it is important to consult with a qualified attorney to understand your rights and options under your state's Lemon Law.

You may still be entitled to Lemon Law relief. There are various State and Federal laws which can be used to help you obtain relief for purchasing a defective product.

Lemon Law in many states is typically triggered when a vehicle has been in the shop for a certain number of times for the same issue or for a specific number of days due to repairs. Generally, this involves the vehicle being in the shop three or more times for the same symptom or for thirty calendar days (or parts of days) or more for repairs. However, there isn't a strict "qualification" for Lemon Law help. Other laws may be available to help you receive compensation even if you do not have a case under the state's specific Lemon Law for technical reasons. Always consult with a qualified attorney to explore all your legal options.

You may still be entitled to compensation. There are various State and Federal laws which can be used to help you obtain relief for purchasing a defective product. We have represented a great number of individuals whose vehicles did not start having problems during the first or second year.

The answer to that question depends on the facts and circumstances of each case. Therefore, at this point, the best thing to do is maintain the status quo until you have the chance to speak with a qualified attorney. In other words, do not allow the condition of the vehicle to change by having any repair work done to it. However, if your vehicle is dangerous and you continue to use it, you do so at your own risk. It is important to remember that if you decide to go forward many of the manufacturers will want to inspect your vehicle. You have a much better chance of obtaining the relief you seek if you can demonstrate a defect. If you cannot, you may still be entitled to compensation, but the chances of you getting what you want may be reduced somewhat.

If the dealer refuses to repair your vehicle, you may also have a claim. The manufacturer has given a warranty, which in most circumstances, requires the dealer to do repair work. If the dealer and/or the manufacturer then refuse to do the repair work, you may have a claim under the Lemon Law, Federal Warranty Law and/or other laws.

Basically, it is the same as a Lemon Law case, however, with two notable differences. First, the standards or requirements for breach of warranty are not as clearly defined. Second, the remedies for breach of warranty are also not as clearly defined. Therefore, you should consult a qualified attorney to discuss whether you may have a breach of warranty case.

The most important documents to have in a Lemon Law case are the repair orders given after your vehicle has been in for repair. Each time you take your vehicle in for repair, ensure that all the information on these documents is accurate. For example, make sure that all your complaints are written exactly as you stated them, that all complaints for that visit are included, that the "dates in" and "dates out" are correct, and that the mileage is accurate.

You should be able to get your repair history directly from the authorized dealer(s). If you cannot obtain them yourself, a qualified attorney may be able to issue a subpoena to the dealership to obtain all the documents related to your vehicle. Additionally, keeping a calendar of appointments showing when you took the vehicle to the dealer can be helpful in lieu of or in addition to the repair orders. This documentation is crucial for supporting your case under state Lemon Laws.

The ultimate relief in a Lemon Law case is typically a refund or a replacement vehicle. This process is often referred to as a “buy back” or “repurchase.” State Lemon Laws usually provide for a full refund or a replacement vehicle (less a reasonable allowance for use) and may include mandatory attorney’s fees and costs if the consumer prevails. When a resolution is reached, the defective vehicle is returned to the manufacturer, usually through an authorized local dealer. The specific procedures and relief options may vary by state, so it is important to refer to the particular lemon law statute applicable in your state.

At Lemon Law Group Partners, our attorneys typically work on a contingency fee basis. This means that in most cases, you won't have to pay any upfront fees or out-of-pocket expenses. Instead, your attorney's fees will typically be covered by the manufacturer if your case is successful. This arrangement allows you to pursue your Lemon Law claim without worrying about legal costs. However, there may be some exceptions depending on the specifics of your case.

First, there is a reason that all 50 States have some form of a Lemon Law. Laws are passed to remedy problems which have become widespread. However, the mere fact that there is a Lemon Law does not mean that you will be treated differently if you represent yourself. It still costs a manufacturer less to drag it out with an unrepresented consumer and hope you will either go away or take little or nothing, than it would cost them to buy back everyone’s vehicle who made a complaint. Second, if you fail, you will have wasted precious time if you then have to hire an attorney. Third, the right law Firm does NOT charge YOU an hourly attorney’s fee! By being represented by the right law Firm you lend legitimacy to your case. If you select a law office that limits their practice to consumer law, the manufacturer will most likely already know your law Firm. If your law Firm has successfully handled multiple Lemon Law claims, the manufacturer will know that you have someone on your side who knows what they are doing. Furthermore, if the manufacturer knows that if you do not get what you want, you have the ability and the will to file a lawsuit, you will be treated with more respect. This is because it costs the manufacturer money just to defend a lawsuit (starting from the moment you file the Complaint) as they have to send it to a qualified local law Firm to defend it. Use of the internet, this website, or our Contact Us form for communication with the firm or any individual member of the firm does not constitute legal advice and does not establish an attorney/client relationship.

Many states with lemon law statutes have similar arbitration processes to resolve disputes involving defective vehicles. Typically, these states provide consumers with two main arbitration options: a manufacturer-sponsored arbitration program and a state-run arbitration board.

Manufacturers may establish arbitration programs that receive consumer complaints and aim to resolve legitimate issues before a lawsuit is filed. If a manufacturer has an arbitration program certified by the relevant state authority, the consumer must first go through this program. However, not all manufacturers have certified arbitration programs, and sometimes vehicles are ineligible for arbitration due to age or mileage per the program’s rules.

In such cases, consumers may request arbitration through the state-run arbitration board. Consumers qualifying under the state's lemon law must proceed through this board. If a consumer does not meet the lemon law requirements, they may file their claim in a Court of Law. The arbitration board is usually required to render a decision within a specific timeframe, often 60 days after the request for arbitration. If the board rejects a dispute or if the decision is unsatisfactory, the consumer may then take the claim to a Court of Law.

For detailed information on the specific procedures and requirements in your state, you should refer to your state's lemon law statute and the resources provided by your state's consumer protection agency.

There is no requirement that you go through arbitration prior to seeking the assistance of a lawyer. For those who have gone to arbitration prior to seeking an attorney, many have informed us that they were treated with great disrespect and made to feel inferior because they were unfamiliar with the law and the manufacturer knew much more about the process and the mechanics of the vehicle. Whatever the arbitrator(s) decide, the consumer is not bound by the decision and can file a Complaint in a court of law requesting a jury trial. This is usually your best chance for a positive recovery and is usually done by a lawyer. This does not mean that your case will not settle prior to trial however. Most cases do settle prior to trial.

First, if you still had any warranty left from the manufacturer when you purchased your vehicle (or your vehicle was “Certified” by the manufacturer or dealer), and you made at least one unsuccessful warranty claim before the warranty ended, you may be entitled to compensation for breach of warranty. If not, your case may raise a whole host of issues which are beyond the scope of this “Frequently Asked Questions” section. However, you may be entitled to compensation for violations of various laws which you may not even be aware of. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:

1. Laundered lemon (or prior history of mechanical problems known to the seller);
2. Salvaged or wrecked;
3. Rolled back odometer;
4. Rental car, police car, taxi, etc.;
5. Stolen, stripped and rebuilt; and/or
6. Involved in a flood.

If you are having problems with a used car that are not covered by a manufacturer’s warranty or manufacturer’s extended warranty, one or more of the following procedures may prove to be useful in discovering whether there is something about your vehicle that you were not told:

1. Call 1-888-4-CARFAX;
2. Do a Title Search;
3. See a body shop mechanic to determine if your vehicle was wrecked;
4. Have your Insurance Company run your Vehicle Identification Number (VIN) on their computer (may be called a C.L.U.E. report) to see if an accident claim was ever made with another insurance company; and/or
5. Go to an authorized dealer and have them check the computer to see if it was wrecked or to let you know what the mileage was every time the vehicle was in for repair.

Again, your case may raise a whole host of issues which are beyond the scope of this “Frequently Asked Questions” section. However, there are many State and Federal laws to protect you which can be used to assist victims of fraudulent and deceptive sales practices. Some of these laws provide for very strong remedies, such as Three (3) Times your Damages and Attorney’s Fees and Costs. For example, if you lost $5,000.00, you may be entitled to recover $15,000.00 ($5,000.00 x 3), in addition to attorney’s fees and costs.

Not necessarily. If your car is in the shop 30 days or more in the first year, consecutively or not, we can file a claim under the Law. Likewise, if you are experiencing a significant problem likely to cause death or serious bodily injury, we welcome you to submit your information for our consideration.

If you are having continuous problems and your car is under a manufacturer’s warranty, we can still help under the Federal Magnuson Moss Warranty Act. Please let us know about your repairs and we explain your rights. The representation is still completely cost-free.

No. Problems can occur immediately, but if you are interested in opening a Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager. We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can’t help you if you don’t have the invoices (we can subpoena them if necessary) but it does make your case move along smoother. DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY “I DON’T WANT THIS CAR ANYMORE.” THEY COULD COUNT IT AS A VOLUNTARY REPOSSESSION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.

Each day or part of a day that the vehicle spends in the shop during the first year of ownership counts toward the 30-day limit. For example, the vehicle could spend 7 days in the shop for a transmission problem, 3 days for an engine problem, 1 day for an electrical problem, 4 days for brake problems, 5 days for air conditioning or heating problems, and 10 days for miscellaneous drive ability problems (e.g., running rough, stalling, hesitation, etc.) Since the total time equals 30 days, the vehicle qualifies as a “lemon.”

Once your vehicle has required repairs three times for the same thing, or has accumulated 25 days in the shop, you need to send a letter, by certified mail, to the manufacturer advising them of the problems and that you want to give them their “last chance” to repair the vehicle under MCLA 257.1403(3) (the Lemon Law). The law requires that the manufacturer give you the proper address in your owner’s manual or warranty booklet that comes with the vehicle. The manufacturer must then notify you within a reasonable time of a repair facility that is “reasonably accessible” where you must take the vehicle. After you deliver the vehicle to the designated repair facility, they have five business days to fix your vehicle. If the problems are not fixed within five days, or the problems occur again, then you have a right to a refund or replacement of the vehicle.

Not always. You can write and send the “last chance” letter yourself. If you have questions about the proper wording of the letter, or how to send certified mail, you can call our office and we will provide a telephone consultation at no charge. You should keep your original records, sending only copies through the mail. You should also keep a copy of every letter that you send.

The Lemon Law provides that if you have to hire a lawyer in order to enforce your rights, you may recover costs and attorney fees as part of your damages. In order to protect the right to recover costs and attorney fees, you may first need to go through the manufacturer’s “alternative dispute resolution” process (arbitration). Information on this process should be in your owner’s manual or warranty booklet that came with the vehicle. Some examples of arbitration programs are the Better Business Bureau, Chrysler Customer Satisfaction Board, Auto Cap, and the Ford Consumer Appeals Board. This arbitration result is NOT binding on you, but it IS binding on the manufacturer. Thus, if you are satisfied with the result, you can accept the award and the manufacturer MUST abide by it. On the other hand, if you are not satisfied, you can reject and pursue your remedies in court. If you have questions about arbitration proceedings, please feel free to call us for a free telephone consultation.

If your vehicle is a “lemon” under the law, you are entitled to a refund or a comparable replacement vehicle. A refund under the Lemon Law includes your purchase price, taxes, and the price of manufacturer’s options installed by the dealer, less an offset for your use of the vehicle. The offset is limited to 10¢ per mile at the time of your first complaint or 10% of the purchase price, whichever is less. You are also entitled to recover your costs and attorney fees from the manufacturer if you win your case.