Lemon Law And Trailers: What's The Verdict?

Lemon laws are a set of laws that protect buyers who have purchased a defective vehicle, also known as a lemon. While lemon laws typically apply to motor vehicles, the laws vary from state to state, and some states have lemon laws that cover trailers, campers, and motorhomes. The Magnuson-Moss Warranty Act (MMWA), also known as the Federal Lemon Law, applies to all states and covers all components of a recreational vehicle (RV).

What is a lemon?

The term "lemon" is used to describe a vehicle with a significant defect or malfunction that makes it unsafe to drive. The exact definition of a "lemon" can vary from state to state, but generally, it refers to a recently purchased or leased vehicle with defects that the manufacturer or authorized dealership cannot correct despite reasonable opportunities to do so.

A "lemon" is typically a vehicle that has one or more problems that substantially impair its use, value, or safety, and the dealer has been unable to fix these issues within a reasonable number of attempts or a reasonable amount of time. These problems could include non-working or faulty brakes, engines, transmissions, or lights.

In the United States, there are several laws that protect purchasers of "lemons", including the federal Magnuson-Moss Warranty Act (Federal Lemon Law) and various state lemon laws. These laws provide consumers with legal recourse and compensation if they have purchased a defective vehicle.

The term "lemon" has its origins in the 20th-century American self-improvement culture, where the saying ""if you have a lemon, make a lemonade"" encouraged people to make the best of a bad situation. Over time, the term evolved to refer specifically to defective vehicles.

Does the lemon law apply to my state?

Lemon laws are consumer protection laws that apply to cars and other consumer goods that fail to meet quality and performance standards. All 50 states and the District of Columbia have their own lemon laws, and there is also a federal lemon law, the Magnuson-Moss Warranty Act (MMWA). While the exact criteria vary by state, lemon laws generally require that a manufacturer repurchase a vehicle that has a significant defect that they are unable to repair within a reasonable amount of time or a reasonable number of attempts.

Alabama

Alabama's lemon law applies to new vehicles but not motorhomes or vehicles over 10,000 pounds. The law covers vehicles for up to 12 months or 12,000 miles, and repairs must take place within 24 months of delivery or 24,000 miles.

Alaska

Alaska's lemon law covers new vehicles for up to 12 months.

Arizona

Arizona's lemon law covers new vehicles for up to 2 years or 24,000 miles, and used vehicles for up to 15 days or 500 miles.

Arkansas

Arkansas's lemon law applies to new vehicles for up to 24 months or 24,000 miles. If the manufacturer cannot repair the vehicle, they must replace or refund it.

California

California's lemon law, a combination of the Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act, applies to new, used, and leased vehicles. It covers vehicles for up to 18 months or 18,000 miles. The MMWA also provides additional protection for non-motorized RVs.

Colorado

Colorado's lemon law applies to new and leased vehicles, excluding motorhomes and motorcycles, for up to 12 months or 12,000 miles.

Connecticut

Connecticut's lemon law covers new and leased vehicles for up to 2 years or 24,000 miles. The law also applies to motorcycles.

Delaware

Delaware's lemon law applies to new and leased vehicles, excluding motorhomes, for up to 12 months. Consumers can choose between a replacement vehicle or a

What are my rights under lemon law?

Lemon laws protect consumers from defective vehicles and offer a remedy for purchasers of cars and other consumer goods to compensate for products that fail to meet standards of quality and performance. While the exact criteria vary by state, new vehicle lemon laws require that an auto manufacturer repurchase a vehicle that has a significant defect that the manufacturer is unable to repair within a reasonable amount of time.

Lemon laws consider the nature of the problem with the vehicle, the number of days the vehicle is unavailable for use due to the same mechanical issue, and the number of repair attempts made. If repairs cannot be completed within the timeframe described in the state statute, the manufacturer becomes obligated to buy back the defective vehicle.

In the United States, there are several sets of laws that protect RV buyers if they purchase a "lemon". The most prominent is the Magnuson-Moss Warranty Act (Federal Lemon Law). Additionally, most state lemon laws will cover all of your RV except for the living and eating areas and equipment. State uniform commercial codes and Unfair or Deceptive Acts or Practices laws may also provide avenues for relief.

In California, for example, lemon law applies to any new motor vehicle bought or used for personal, family, or household purposes. It also covers used vehicles still under the original manufacturer's warranty. California law considers at least two repair attempts "reasonable".

Lemon laws offer remedies that exceed the scope of a vehicle manufacturer's warranty. While a manufacturer's warranty might obligate a vehicle manufacturer to make a repair at no cost to the consumer, warranties do not include maximum time periods for the completion of repairs, nor do they trigger buy-back provisions if the repair cannot be completed within a certain time.

If you think you've bought a lemon, you have legal rights. While most consumers can resolve a lemon issue on their own, some complicated situations need the help of a lemon law lawyer. An attorney can review your state's law to determine if it covers your type of vehicle. If your car meets the criteria for a lemon, the dealer may have to buy back the vehicle from you at its purchase price.

What to do if I think I have bought a lemon?

Lemon laws vary by state, but they generally refer to a vehicle with significant defects that cannot be fixed within a reasonable amount of time. If you think you've bought a lemon, here are the steps you can take:

• Know Your Rights: Familiarize yourself with the lemon laws in your state. Understanding your rights as a consumer is essential for resolving your lemon law case.
• Document Everything: Keep detailed records of all repairs and communication with the dealership or manufacturer. This documentation will serve as crucial evidence to support your claim.
• Consult an Attorney: Seek legal advice from a qualified lemon law attorney. An experienced lawyer can assess your case, determine your options, and guide you through the legal process. They can also help you explore alternative resolutions, such as mediation or arbitration, which may be faster and less expensive than going to court.
• Act Promptly: Don't delay taking action if you suspect you have a lemon. Addressing the issue early on will strengthen your case and expand your options for recourse.
• Request a Replacement or Refund: If your car meets the criteria for a lemon, you may be entitled to a replacement vehicle or a full refund under lemon laws. Your attorney can help you negotiate with the manufacturer for a fair resolution.
• File a Formal Complaint: If negotiations fail, filing a formal complaint with the appropriate regulatory agency can escalate your case and pressure the manufacturer to act.
• Consider Class Action Lawsuits: If multiple consumers have experienced similar issues with the same vehicle model, joining a class-action lawsuit may strengthen your case and increase your chances of success.
• Stay Informed: Stay up to date on any recalls or service bulletins related to your vehicle. This information can support your claim and highlight ongoing vehicle design or manufacturing issues.

Additionally, before calling a lawyer, there are a few steps you can take:

• Keep Track of All Paperwork: Gather any records, including emails, texts, repair estimates, and other evidence of your vehicle's condition.
• Send a Letter to the Seller: Send a certified letter to the seller, outlining the issues and your attempts to address them. Include your findings and the intent behind sending the letter. Keep a copy of the letter for yourself and save any verification of receipt.

If your claim is still denied, you may need to seek legal advice and support to pursue full-fledged legal action.

What is the Magnuson-Moss Warranty Act?

The Magnuson-Moss Warranty Act is a federal law that governs the content and regulation of consumer product warranties. It protects consumers' rights by detailing the obligations of warrantors that offer written warranties with their consumer products. The Act also limits the restrictions that can be placed on implied warranties.

The Magnuson-Moss Warranty Act establishes three basic requirements that must be met by the manufacturer, seller, or warrantor of a consumer product. Firstly, written warranties must be titled either "full" or "limited". Secondly, warranties must outline the coverage they provide using language that is easy to understand. Lastly, warranties must be available for consumers wherever the product they cover is sold.

The Act also includes a number of restrictions for implied warranties. Every consumer product sold comes with an implied warranty, which is created by operation of law. Although these warranties are not written, they still guarantee that products and services will satisfy consumers' reasonable expectations of them. In layman’s terms, implied warranties require consumer products to meet certain minimum levels of quality.

The Magnuson-Moss Warranty Act is also referred to as the federal Lemon Law and applies to cars, trucks, motorcycles, and all other consumer products. It makes it easier for consumers to file breach-of-warranty claims after purchasing "lemons". Most importantly, the Act allows consumers to recover attorneys' fees, court costs, and other expenses when they prevail.

Frequently asked questions