Understanding Lemon Law Recall Rights And Timelines

Lemon laws are confusing and vary from state to state, but the general rule is that a vehicle is considered a lemon if it has a substantial defect that impairs its safety, value, or functionality, and the manufacturer is unable to fix it within a given time or number of attempts. This number of attempts or span of time is dictated by your state’s lemon law. In California, a vehicle qualifies as a lemon if it has spent more than 30 cumulative days in the repair shop. In Florida, the Lemon Law Rights Period is the first 24 months after the date of delivery of the motor vehicle to the consumer.

Lemon law requirements vary by state

Lemon laws vary from state to state, and it's important to understand the specific requirements for your state if you believe you have purchased a lemon. While the Magnuson-Moss Warranty Act of 1975 is the cornerstone of federal lemon law, each state has its own lemon law with slightly different standards of protection. These laws are designed to compensate car buyers whose vehicles repeatedly fail to meet quality and performance standards.

• Transaction type: Some state lemon laws apply only to new vehicles, while others also cover used and leased vehicles. For example, New York State has a used car lemon law.
• Vehicle type: Most state lemon laws apply to vehicles purchased by individuals or households. However, depending on the state, boats, RVs, and motorcycles may also be protected.
• Duration of protection: Lemon law protection is typically limited and may be measured in miles or months, such as 12 months or 12,000 miles.
• Seller's duty to repair: There is generally a limit on how many attempts a manufacturer or seller can make to fix a defect under state lemon laws. In most states, the rule of thumb is four attempts.
• Reporting deadlines: States vary in when consumers must report potential defects. For example, in Texas, consumers must file a lemon law complaint within 42 months of receiving the vehicle or within the first 24,000 miles driven, whichever comes first.
• Nonconformities: All state lemon laws cover "nonconformities," which are defects or problems that occurred before the vehicle's arrival to the consumer.
• Reasonable number of repair attempts: What constitutes a "reasonable number of attempts" to repair a defect can vary by state. In Florida, the Lemon Law provides two presumptions: three attempts for the same recurring problem or 15 or more cumulative days in the repair shop for one or more different problems.

It's important to note that lemon laws are rooted in manufacturers breaching warranties. If you believe you have purchased a lemon, be sure to review your state's specific lemon law requirements and consult with a qualified attorney to understand your rights and options.

Recalls are usually initiated by the NHTSA or the manufacturer

Recalls are usually initiated by the National Highway Traffic Safety Administration (NHTSA) or the manufacturer. The NHTSA is part of the U.S. Department of Transportation and is responsible for monitoring and addressing safety issues related to vehicles and vehicle equipment. When the NHTSA identifies a potential safety defect, it can open an investigation and, if necessary, issue a recall. On the other hand, manufacturers are required to notify the NHTSA within 5 business days if they determine that their product contains a safety defect or does not comply with federal safety standards. This information is stored in the NHTSA database, which consumers can search to check for recalls affecting their vehicles.

The NHTSA's recall process typically involves the following steps:

• The NHTSA receives complaints or information about potential safety defects from various sources, including manufacturers, consumers, law enforcement agencies, media, and online sources.
• The NHTSA reviews the data and assesses the frequency and potential severity of the possible safety defect using an established risk-based process.
• If the NHTSA identifies a safety defect trend, it may open an investigation to determine if the defect presents an unreasonable risk to safety that warrants a recall.
• If a recall is deemed necessary, the manufacturer is notified and required to take action to remedy the defect. This can include repairing or replacing the defective item, offering a refund, or, in rare cases, repurchasing the vehicle.

It's important to note that recalls can vary in urgency, with some being considered code red, while others may be less time-sensitive. Additionally, recalls can be initiated for various reasons, including faulty components, substandard materials, or human error during the manufacturing process. Regardless of the reason, it is the manufacturer's responsibility to make things right and ensure the safety of their consumers.

In the context of lemon laws, a recall does not automatically qualify a vehicle as a lemon. Lemon laws typically require that the consumer gives the manufacturer at least two opportunities to repair a substantial defect. However, if the manufacturer is unable to fix the issue after a reasonable number of repair attempts or if the vehicle spends a significant amount of time in the repair shop, it may be considered a lemon, and the consumer may be eligible for remedies such as a refund or a replacement vehicle.

Recalls are typically safety-related

In some cases, vehicles are recalled because they don't meet motor vehicle safety standards, such as faulty headlights or backup cameras that take too long to display images. The urgency of a recall varies, and in rare cases, automakers may issue a “do not drive” warning if there is an especially serious issue with the vehicle that could endanger the driver's life.

When a recall is announced, car companies are required by law to send official recall notices via first-class mail. These notices will describe the nature of the recall, including the risk it poses, warning signs to look for, and how the manufacturer will fix the issue. If the recall is serious, the manufacturer may also call the consumer. Consumers should also be informed of the expected timeline for repairs and whether a rental car will be provided during this period.

Upon receiving a recall notice, consumers are advised to act quickly and schedule an appointment with their local dealership to repair the problem. The recall repair itself is typically provided free of charge, and most repairs can be completed within a few hours. However, in some cases, repairs can take longer, especially if a fix has not yet been developed or if there is a delay in accessing replacement parts.

While singular recalls may not always qualify a vehicle as a "lemon", multiple recalls can increase the chances of a legitimate lemon law claim. A vehicle is generally considered a lemon if it has been in the repair shop for an extended period, typically exceeding 30 cumulative days, or if the manufacturer is unable to fix a substantial defect after a reasonable number of repair attempts.

In summary, recalls are primarily focused on addressing safety concerns to protect consumers from potential harm. Consumers who receive a recall notice should promptly schedule the necessary repairs and be aware of their rights under lemon laws if the issue persists or significantly impacts the safety, value, or functionality of their vehicle.

Consumers are notified of recalls by mail

Consumers are typically notified of recalls by the manufacturer through the mail. This notification should include information on the potential safety hazards, instructions on how to correct the problem, and confirmation that the consumer won't be charged for repairs if they go to an approved dealer. Most recalls are also announced through press releases by the National Highway Traffic Safety Administration (NHTSA) and the manufacturer, with the information widely published by media outlets.

In addition to receiving this information by mail, consumers can proactively check for recalls by visiting the NHTSA's SaferCar.gov website and searching for their vehicle identification number. Dealerships are also instructed to check for open recalls whenever a vehicle comes in for service.

If a recall has been issued for a vehicle, it is important to have it examined as soon as possible. Recalls do not expire unless the manufacturer goes out of business or the components needed for the repair are no longer in production. This applies to both new and used cars, so it is crucial to check for open recalls before purchasing a used vehicle.

While recalls are typically initiated by the manufacturer, they can also be ordered by the NHTSA in response to consumer complaints made to the NHTSA and its Office of Defects Investigation. If an investigation determines that a vehicle model or component is unsafe, the NHTSA can direct the manufacturer to issue a recall. In some cases, manufacturers may voluntarily issue a recall before being directed to do so by the NHTSA.

It is worth noting that a recall alone does not automatically classify a vehicle as a lemon. However, if the manufacturer fails to remedy the problem within a reasonable number of repair attempts, the recall may escalate into a lemon law claim.

Recalls don't automatically classify a vehicle as a lemon

Lemon law requires that the consumer notices a substantial defect and allows the manufacturer at least two opportunities to repair the defect. If the manufacturer is unable to fix the issue (that is covered under the manufacturer's warranty) after a reasonable number of repair attempts (usually at least two), you might have a legitimate claim to remedy the situation.

Lemon law also states that a vehicle qualifies as a lemon if it has spent "more than 30 cumulative days in the repair shop." However, this can be tricky. For instance, if the manufacturer can prove that there were complications beyond their control that led to a delay, the manufacturer may get the benefit of the doubt in court.

You could potentially make the legal argument that recalls decrease the value of the vehicle. Per lemon law, the vehicle must have a substantial defect that impairs its "safety, value, or functionality." You only have to prove impairment to one of the three. A recall affecting the value would qualify.

If your vehicle is subjected to multiple recalls, your chances of having a legitimate lemon law claim will likely increase. However, there are no guarantees. If there are four or more repair attempts made on the same warranty-covered issue related to the recall, you could be eligible for benefits. If there are two or more recalls for different warranty-covered issues, you might also qualify.

Frequently asked questions