Lemon Law And Mileage: What's The Verdict On 90K Miles?

Lemon laws are consumer protection laws that apply to recently purchased cars with manufacturing defects. While most states' lemon laws cover leased vehicles, some states, like Nevada and New Mexico, do not include leases in their lemon laws. Lemon laws can also apply to used cars, but this varies depending on the state. For instance, in California, lemon law applies to new, used, and leased vehicles as long as they are under the manufacturer's warranty. On the other hand, New York's lemon law applies to new and leased vehicles or those sold with a written warranty and transferred within 18,000 miles or 2 years of delivery.

Lemon laws vary by state

In general, lemon laws provide consumers with the right to a repair, replacement, or refund if they have purchased a defective vehicle. However, the criteria for what constitutes a lemon and the specific protections offered can vary by state. For example, some states have used car lemon laws, while others only cover new vehicles. Additionally, the time frame and mileage limits during which lemon laws apply can also differ between states.

In California, for instance, there is no mileage limit for lemon law protection as long as the vehicle is under the manufacturer's warranty. This means that even if a car has been driven for more than 18,000 miles, it can still be covered under the lemon law if it is still under warranty. However, it's worth noting that warranties themselves typically have mileage limits, so it's important to review the specific terms of your warranty.

In contrast, other states may have specific mileage or time limits for lemon law protection. For example, in Arizona, the coverage period for new vehicles is 2 years or 24,000 miles, whichever comes earlier. For used vehicles in Arizona, the law states that if a major component breaks within the earlier of 15 days or 500 miles after purchase, the consumer is protected under the lemon law.

To further illustrate the variation in lemon laws by state, consider the example of leased vehicles. While most states' lemon laws cover leased vehicles, there are exceptions. For instance, Nevada and New Mexico legislation does not include leases, while Illinois covers leased vehicles except any that have been modified.

Additionally, some states have specific vehicle weight limits that exclude certain types of vehicles from lemon law protection. For example, Alabama and Colorado lemon laws specifically exclude motor homes, while Iowa and Kentucky have weight limits that keep most RVs from coverage.

It's worth noting that there is a federal lemon law, known as the Magnuson-Moss Warranty Act, which applies across America. If your state's lemon law is unable to resolve your claim to your satisfaction, you can refer to this federal law for further recourse.

California lemon law

California's lemon law applies to new, used, and leased vehicles. It covers your car if there's a defect that the dealership has been unable to repair after a reasonable number of attempts while the vehicle is under a new car warranty. The law is meant to protect auto buyers who are sold defective vehicles.

There is no mileage limit for California's lemon law. It applies as long as the manufacturer's new car warranty is still valid and, in many cases, beyond the actual warranty expiration. The law may also cover vehicles outside of the warranty period if the first repair attempt for the defect occurred within the warranty period.

If a car is deemed a lemon, California consumers have 18,000 miles or 18 months from the date of purchase to return it. For used vehicles, the lemon law applies when the manufacturer's new car warranty is still valid, and any remaining time on the warranty protects the car's new owner.

California's lemon law gives consumers the right to return a defective vehicle and receive either a replacement or a refund, depending on the situation. If a vehicle qualifies under the lemon law, consumers are entitled to a refund of their down payment, monthly finance payments, and reimbursement of incidental damages such as rental car expenses, repair costs, and towing expenses. Consumers may also choose to have their vehicle replaced with a similar vehicle instead of receiving a refund.

New York lemon law

New York's lemon laws offer a remedy for newly purchased cars that are not performing as promised by the warranty. The New Car Lemon Law protects those who buy or lease new cars or motor homes that turn out to be "lemons". If your car does not conform to the terms of the written warranty and the manufacturer or its authorised dealer is unable to repair the car after a reasonable number of attempts, you may be entitled to a full refund or a comparable replacement car.

The New York lemon law covers any nonconformity (defect or condition covered under the manufacturer's warranty) that substantially impairs the value of the motor vehicle to the consumer. The law does not cover a defect or condition that is a result of abuse, neglect, or unauthorised modifications or alterations of the motor vehicle.

A car is considered new if it was purchased less than two years from its original delivery date and has fewer than 18,000 miles on it. The law covers the car if it meets the following criteria:

• The car was purchased, leased, or transferred within the earlier of 18,000 miles or two years from the date of original delivery.
• It was either purchased, leased, or transferred in New York State or is presently registered in the state.
• It is used primarily for personal purposes.

A reasonable chance for a manufacturer or its authorised agent to repair a problem for a new car is considered to be either of the following:

• There have been four or more attempts to repair the car and the problem continues to exist.
• The car is out of service by reason of repair of one or more problems for a cumulative total of at least 30 days.

The Used Car Lemon Law protects those who buy or lease used cars from a New York dealer. It requires dealers to give consumers a written warranty. Under this warranty, dealers must repair, free of charge, any defect in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund.

The law covers any car that was purchased, leased, or transferred after the earlier of 18,000 miles or two years from the original delivery date and meets the following conditions:

• It was purchased or leased from a New York dealer.
• It had a purchase price or lease value of at least $1,500.
• It has been driven up to 100,000 miles at the time of purchase or lease.
• It is used primarily for personal purposes.

A reasonable chance to fix the problem is considered to be either of the following:

• Three or more attempts have been made to repair the car and the problem continues to exist.
• The car is out of service by reason of repair for a cumulative total of 15 days or more (although unavailability of parts may extend this time).

If you believe your car is a "lemon" and the dealer is not cooperating, you may either enter an arbitration process with The Office of the New York State Attorney General or initiate a lawsuit in civil court.

Lemon law and mileage

Lemon laws are designed to protect consumers who buy defective vehicles. In California, lemon laws apply to new or used, purchased or leased vehicles that are sold with a written warranty.

California's lemon law does not have a mileage limit. The law applies as long as the manufacturer's new car warranty is still valid, and in many cases, beyond the actual warranty expiration. If the car dealership has violated or ignored any part of the vehicle's warranty, this could be a breach of warranty case.

However, the mileage can affect the outcome of a lemon law claim. If the defect first arose outside of the warranty period, the claim may not be eligible. The specific mileage offset formula is:

> (Mileage at first repair attempt / 120,000) x total amount paid on the vehicle = amount deducted from the refund

For example, if a defect occurs at 12,000 miles on a car that cost $50,000, the calculation would be: (12,000 / 120,000) x $50,000 = $5,000 deducted from the refund.

While there is no mileage limit, there is a time limit of 18 months from when the buyer takes delivery of the vehicle. If the buyer has made a certain number of repair attempts within this period, they are entitled to a presumption of validity of their claim. This number is typically four repairs, but it can be fewer depending on the defect. For example, brake system failure may only require two visits.

Lemon law and warranty

Lemon laws are designed to protect auto buyers who purchase defective vehicles. In the state of California, lemon law applies to both new and used vehicles, as long as they are still under the manufacturer's warranty. This means that there is no mileage limit for a vehicle to qualify under lemon law, contrary to what some manufacturers might suggest. The confusion arises from the Tanner Consumer Protection Act, which states that if a consumer has had to make four or more repairs under warranty within the first 18,000 miles or if their vehicle has been in the shop for more than 30 days within the first 18 months, they are entitled to a presumption of validity of their claim. However, this does not mean that the lemon law only applies within these limits.

In the case of used vehicles, lemon law applies if the repair visits occurred within the original or extended warranty period. Additionally, some states, like New York, have specific lemon laws for used cars, which require dealers to provide a written warranty and repair any defects in covered parts at no cost to the consumer. To qualify under New York's used-car lemon law, the vehicle must have been bought, leased, or transferred after 18,000 miles or two years from the original delivery, whichever comes first, and it must have been driven fewer than 100,000 miles at the time of purchase or lease.

To make a successful lemon law claim, it is important to keep detailed records of all repair attempts and to give the dealership or manufacturer a reasonable number of opportunities to fix the issue. What constitutes a "reasonable" number of repair attempts varies depending on the specific circumstances and the severity of the defect. Generally, four visits for the same problem will qualify, but in some cases, fewer visits may be sufficient. For example, a severe defect like brake system failure may only require two visits.

If the dealerships or manufacturers are unable to repair the defect within the warranty period, consumers may be entitled to a replacement vehicle or a refund of their down payment, monthly finance payments, and vehicle loan. They may also be reimbursed for incidental damages such as rental car expenses, repair costs, and towing expenses. It is important to note that lemon laws can vary from state to state, so it is always advisable to consult with an experienced lemon law attorney to understand your specific rights and options.

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