Lemon Laws And Vans: What's The Verdict?

Lemon laws are consumer protection laws that apply to recently purchased cars with manufacturing defects. While lemon laws typically apply to new car purchases, some states in the US, such as California, Texas, and Massachusetts, have lemon laws that cover used cars as well. Lemon laws can also apply to leased vehicles, depending on the state. In terms of vehicle types, lemon laws cover cars, trucks, vans, motorcycles, and SUVs. Therefore, lemon laws do apply to vans, as long as they meet the other criteria specified by the state in which they were purchased.

Lemon laws in California

Lemon laws refer to the individual state laws instituted to protect consumers' rights regarding automobiles, trucks, motorcycles, RVs, boats, and other products that continue to have significantly impairing malfunctions after multiple attempts to repair the problem. The lemon law in California applies to new, used, and leased vehicles.

The law covers your car if there's a problem that makes it hard to use, lowers its value, or makes it unsafe, and the dealer can not repair the defect after a reasonable number of attempts when a vehicle remains under a new car warranty.

What to Do if You Have a Lemon Vehicle

Firstly, you should talk to a lemon law lawyer to understand your legal rights. Car manufacturers usually fight lemon law claims, so getting a skilled attorney is important. Keep copies of all repair orders and make sure they clearly state the problems the mechanic identified and the steps taken to repair them. Keep a file at home and do not rely on the auto dealer to handle your lemon law paperwork.

If your vehicle is deemed a lemon, you can:

• Have the manufacturer repurchase your vehicle.
• Have the manufacturer replace your vehicle.
• In some cases, negotiate a cash settlement with the automaker.

Time Limits

There is a four-year statute of limitations in California for lemon law claims. This means that you must file a lemon law claim within four years of discovering the defect.

For an attempt to count as a repair attempt, the consumer should obtain it from an authorized dealership. Making DIY repairs or getting assistance from a local mechanic could void your warranty and lemon law protection.

Lemon laws in Texas

Lemon laws are consumer protection laws that apply to new car purchases in most states. However, some states, including Texas, have used car lemon laws as well. In Texas, the lemon law is a state law administered by the Texas Department of Motor Vehicles. This law helps consumers who buy or lease new motor vehicles and experience repeated issues getting their vehicles properly repaired under the manufacturer's original warranty.

The Texas lemon law covers new vehicles, including cars, trucks, vans, motorcycles, motor homes, towable recreational vehicles, and neighbourhood electric vehicles, that develop defects covered by a manufacturer's written warranty. Demonstrator vehicles that have not been previously titled are also considered new vehicles.

The law does not cover repossessed vehicles, non-travel trailers, boats, or farm equipment. It also does not cover minor issues that do not significantly impact the vehicle's use or market value, such as minor rattles or radio static.

In Texas, a vehicle is considered a lemon if it meets the following conditions:

• It has a substantial manufacturing defect.
• The defect is covered by a manufacturer's written warranty.
• The owner reports the defect to the dealer or manufacturer within the warranty term.
• The owner gives the dealer a reasonable number of attempts to repair the defect.
• The owner provides written notice to the manufacturer (preferably by certified mail) and gives them an opportunity to fix the defect.
• The defect persists and substantially impairs the vehicle's use, market value, or safety.

To determine if the dealer has had a reasonable number of repair attempts, Texas has the four-times test, the serious safety-hazard test, and the 30-day test. A vehicle passes the four-times test if it has been taken for repairs for the same defect four times within the first 24 months or 24,000 miles (whichever comes first) and the issue remains unresolved. The serious safety-hazard test applies when there is a life-threatening malfunction that impedes the ability to control the vehicle or creates a risk of fire/explosion. The vehicle passes this test if it has been taken for repair twice within the first 24 months or 24,000 miles, and the defect persists. The 30-day test is passed if the vehicle has been out of service for repairs for a total of 30 or more days during the first 24 months or 24,000 miles (excluding time when a comparable loaner vehicle was provided).

If a vehicle is deemed a lemon, the manufacturer must either replace or repurchase it. For a replacement, the manufacturer must provide a comparable vehicle that is acceptable to the consumer, minus the mileage used. For a repurchase, the manufacturer must buy back the vehicle for the purchase price minus a deduction for vehicle use, calculated based on a formula that considers mileage and other factors.

It is important to note that Texas lemon law complaints must be filed within six months of the earlier expiration of the express warranty term, 24 months after purchase, or 24,000 miles following the vehicle delivery date.

Lemon laws in Massachusetts

Lemon laws are consumer protection laws that apply to recently purchased cars that have manufacturer defaults. While most states' lemon laws cover leased vehicles, some do not. In the US, all 50 states and the District of Columbia have lemon laws, but the specifics vary by state. Some states cover new but not used vehicles, while others cover new, used, and leased vehicles.

In Massachusetts, lemon laws cover both new and used vehicles. The law concerning new vehicles applies to cars, motorcycles, vans, or trucks purchased or leased from a Massachusetts dealer for personal or family use. The vehicle must be used for personal or family purposes and must not have been bought by or registered to a business.

The term of protection is one year or 15,000 miles of use from the date of the original delivery, whichever comes first. To be considered a lemon, the vehicle must have at least one defect that substantially impairs its use, safety, or market value, and the dealer or manufacturer must have had a reasonable number of attempts to repair the defect. The law defines a reasonable number of repairs as three times for the same defect. If the problem is still present after three or more repair attempts within the term of protection, the consumer can request a refund or a replacement vehicle.

For used vehicles, the eligibility for lemon law protection is based on the miles on the odometer:

• Less than 40,000 miles: 90 days or 3,750 miles driven since purchase
• 40,000–79,999 miles: 60 days or 2,500 miles driven since purchase
• 80,000–124,999 miles: 30 days or 1,250 miles driven since purchase
• More than 125,000 miles: No lemon law warranty

If a used car has more than 125,000 miles on the odometer on the date of purchase, it is still covered by lemon laws if it fails inspection within a week of purchase.

Lemon laws in Virginia

Lemon laws are consumer protection laws that apply to recently purchased cars that have manufacturer defaults. If a vehicle has a defect, the customer is entitled to a repair, but if it is not repairable, then the customer may be able to get a refund or a replacement car. All 50 states in the US have lemon laws, but the specifics of each law vary by state.

In Virginia, the lemon law is called the Virginia Motor Vehicle Warranty Enforcement Act. It applies to new and leased vehicles. If your car experiences a persistent problem that makes it hard to use, decreases its value, or makes it unsafe within the manufacturer's warranty period or 18 months of delivery, the manufacturer must offer a return or replacement.

Your vehicle could be a lemon if:

• It was purchased or leased in Virginia and is covered by a warranty.
• It is used for personal, family, or household purposes.
• It is a passenger vehicle (up to 10 passengers), a pickup or panel truck of no more than 7,500 pounds gross weight, a motorcycle, or a leased vehicle.
• The vehicle has a defect or condition that significantly impairs its use, market value, or safety, even if the defect or condition doesn't affect the vehicle's drivability.

The Lemon Law covers any nonconformity, which it defines as a defect or condition that significantly impairs a vehicle's use, market value, or safety. The law doesn't provide remedies for nonconformities that result from consumer abuse, neglect, or unauthorized modifications or alterations.

If you think your vehicle is a lemon, you should contact the Office of the Attorney General before filing a claim. All claims must be filed within 18 months of receiving the vehicle. You can also contact the Virginia State Bar Lawyer Referral Service to obtain the name of a private attorney who practices in this area of the law.

Lemon laws in other states

Lemon laws vary from state to state in the US. While some states' lemon laws cover leased vehicles, others, such as Nevada and New Mexico, do not.

• Alabama lemon law applies to new vehicles, excluding motorhomes and vehicles over 10,000 pounds.
• Alaska lemon law applies to new vehicles.
• Arizona lemon law covers new vehicles and used vehicles, provided a major component breaks before 500 miles of purchase.
• Arkansas lemon law applies to new vehicles.
• California lemon law applies to new, used, and leased vehicles.
• Colorado lemon law applies to new and leased vehicles, excluding motorhomes and motorcycles.
• Connecticut lemon law applies to new and leased passenger and combination vehicles and motorcycles.
• Delaware lemon law applies to new and leased vehicles, excluding motorhomes.
• District of Columbia lemon law applies to new and leased vehicles, excluding used cars.
• Florida lemon law applies to new and leased vehicles.
• Georgia lemon law applies to new and leased vehicles.
• Hawaii lemon law applies to new and leased vehicles.
• Idaho lemon law applies to new and leased cars, trucks, or vans.
• Illinois lemon law applies to new and leased vehicles, excluding modified vehicles.
• Indiana lemon law applies to new and leased vehicles.
• Iowa lemon law applies to new and leased vehicles, provided they weigh less than 15,000 pounds.
• Kansas lemon law applies to new and leased vehicles.
• Kentucky lemon law applies to new and leased vehicles under 12,000 pounds.
• Louisiana lemon law applies to new and leased vehicles.
• Maine lemon law applies to new and leased vehicles.
• Maryland lemon law applies to new and leased vehicles.
• Massachusetts lemon law applies to new and leased cars, and used vehicles with fewer than 125,000 miles on the odometer.
• Michigan lemon law applies to new and leased vehicles, and used vehicles if they are under warranty and within the 1-year timeframe of the original purchaser.
• Minnesota lemon law applies to new, leased, and lightly used vehicles.
• Mississippi lemon law applies to new and leased vehicles.
• Missouri lemon law applies to new and leased vehicles.
• Montana lemon law applies to new and leased vehicles.
• Nebraska lemon law applies to new and leased vehicles.
• Nevada lemon law applies to new and used vehicles, excluding leased vehicles.
• New Hampshire lemon law applies to new and leased vehicles under warranty.
• New Jersey lemon law applies to new and leased vehicles, and used vehicles within the same timeframe if they are a maximum of 7 years old with less than 100,000 miles on the odometer, and if the buyer paid at least $3,000.
• New Mexico lemon law applies to new vehicles and vehicles transferred to a used buyer while still under warranty, excluding leased vehicles.
• New York lemon law applies to new and leased vehicles, and vehicles transferred within 2 years of delivery.
• North Carolina lemon law applies to new and leased vehicles.
• North Dakota lemon law applies to new and leased vehicles.
• Ohio lemon law applies to new and leased vehicles.
• Oklahoma lemon law applies to new and leased vehicles.
• Oregon lemon law applies to new and leased vehicles.
• Pennsylvania lemon law applies to new and leased vehicles.
• Rhode Island lemon law applies to new and leased vehicles, and used vehicles if they have been serviced three times for the same defect within the dealer warranty period.
• South Carolina lemon law applies to new and leased vehicles under manufacturer warranty.
• South Dakota lemon law applies to new and leased vehicles.
• Tennessee lemon law applies to new and leased vehicles.
• Utah lemon law applies to new and leased vehicles.
• Vermont lemon law applies to new and leased vehicles, and used vehicles if the first repair occurred within the manufacturer's warranty.
• Virginia lemon law applies to new and leased vehicles.
• Washington lemon law applies to new and leased vehicles.
• West Virginia lemon law applies to new and leased vehicles.
• Wisconsin lemon law applies to new and leased vehicles.
• Wyoming lemon law applies to new and leased vehicles under warranty.

Frequently asked questions