Understanding Lemon Law: Application And Duration

Lemon laws are state and federal laws that protect consumers who have purchased defective vehicles. While the specifics of lemon laws vary by state, they generally require that the manufacturer or its authorized service agent be given a reasonable number of attempts to repair the vehicle. This is usually defined as the vehicle being subject to repair a certain number of times for the same issue within the warranty period or the vehicle being out of service for a cumulative total of a certain number of days within the warranty period.

Lemon laws also typically include a statute of limitations, which is a time limit on filing a claim. This time limit varies by state, but it is generally within a certain number of months or years from the date of the original delivery of the vehicle.

Lemon law in Illinois

Illinois' Lemon Law, the New Vehicle Buyer Protection Act, covers passenger cars and motor vehicles weighing less than 4 tons designed to carry more than 10 people, such as a large van or minibus. It also covers vehicles used as living quarters, vehicles that pull freight or cargo, and vehicles purchased by fire departments or fire protection districts.

The Lemon Law protects individuals who purchase or lease vehicles for a year to transport themselves, others, and personal property for primarily household purposes. It also protects fire departments and fire protection districts that buy or lease vehicles.

The Lemon Law covers any vehicle "nonconformity," which is defined as a "defect or condition that substantially impairs the use, value, or safety of a new motor vehicle and does not conform to the manufacturer's express warranty." The law does not compel manufacturers to repurchase or replace vehicles if the nonconformity "does not substantially impair the use, value, or safety of the motor vehicle, or the nonconformity is the result of abuse, neglect, or modification or alteration of the motor vehicle by the purchaser." For example, the law doesn't cover annoying rattles or stereo problems, or anything the purchaser does to the vehicle after the point of sale.

The Illinois Lemon Law compels manufacturers to repurchase or replace a vehicle if they are unable to "conform the vehicle to any of its applicable express warranties" after a reasonable number of attempts. In other words, if those who sold you your car can't fix the issue, they have to provide you with either a new vehicle or your money back.

Per the Illinois Lemon Law, once agreeing to repurchase a vehicle, the manufacturer must pay the full purchase price minus a reasonable use allowance. The manufacturer must also pay collateral charges, not including taxes paid by the purchaser. When repurchasing a leased vehicle, the manufacturer must pay the lease cost to the consumer minus the same reasonable use allowance. They must also pay collateral charges and also the payoff amount to the lessor.

Any replacement vehicle, per the Illinois Lemon Law, must be a new vehicle of a like model line or otherwise comparable.

The Illinois Lemon Law defines a "reasonable number of attempts" as four or more attempts for the same problem without success. The Lemon Law also defines reasonable attempts to mean it is unreasonable for a car to be in-service repair for 30 business days or more. If either condition is met within one year after purchase or within 12,000 miles of operation, the consumer can request the repurchase or replacement of the nonconforming vehicle. The consumer must send the manufacturer a letter detailing the alleged defect with the vehicle to satisfy the provisions of the Illinois Lemon Law.

The Illinois Lemon Law's provisions covering refund or replacement don't apply until the consumer has first resorted to an "informal dispute settlement procedure," i.e., arbitration. For more information on arbitration and other frequently asked lemon law questions, consumers can consult a lemon law attorney.

What is a reasonable number of repair attempts?

Lemon laws are state laws that provide legal rights to buyers of vehicles, protecting consumers in case of quality or performance issues with the purchased vehicles. While the laws vary from state to state, a "reasonable number of repair attempts" is a common phrase used in most of them. This is a highly subjective phrase that can cause setbacks when filing a lemon law claim.

In most states, a vehicle is deemed a lemon if the manufacturer fails to repair a defect after being given a "reasonable opportunity" to do so. This typically means the car has undergone at least three or four repair attempts, depending on the state, for the same defect, and the issue remains unresolved. However, if the defect poses a serious safety risk, such as faulty brakes or steering, even one or two repair attempts can be considered reasonable.

The severity of the defect and the cumulative number of days the car is out of commission also play a role in determining reasonableness. A vehicle may be considered a lemon if it has been in the shop for a specific number of days, usually a total of 30 or more days in a repair facility or within a one-year period, regardless of the nature of the defect.

It is important to note that the definition of a "reasonable number of repair attempts" is somewhat ambiguous to accommodate various repair scenarios, vehicle makes and models, and types of problems. Consumers should be prepared for potential delays in the lemon law claim process due to this ambiguity and be patient in allowing authorized dealers to make repair attempts.

Does the lemon law cover used vehicles?

Lemon laws are state laws in the US that provide legal rights to buyers of vehicles, protecting consumers in case of quality or performance issues with the purchased vehicles. While lemon laws in most states only apply to new cars, a few states have lemon laws that also cover used cars.

In most states, the lemon law only applies to new cars. However, a few states have lemon laws that also cover used cars. For example, New York State is one state with a used car lemon law.

In Illinois, the state's lemon law generally does not cover used vehicles. However, used vehicles that are still covered by the manufacturer's original warranty may qualify for lemon law protection.

In Texas, your used vehicle may be covered under current state laws. Texas law related to warranty performance may cover your used vehicle if it is still covered by the manufacturer's original warranty or if the defect started and was reported to the dealer while under the manufacturer's original warranty.

In California, the lemon law applies to new, used, and leased vehicles. It covers your car if there's a problem that makes it hard to use, lowers its value, or makes it unsafe, and the dealer cannot repair the defect after a reasonable number of attempts when a vehicle remains under a new car warranty. For used vehicles, the state's lemon law applies when it's still under a manufacturer's new car warranty. Any remaining time left on the warranty protects the car's new owner.

In Massachusetts, the lemon law covers used vehicles with fewer than 125,000 miles on the odometer on the date of purchase. You are entitled to a refund or replacement if there's a substantial defect that inhibits your ability to drive the vehicle or negatively impacts your safety. Used cars with more than 125,000 miles on the odometer on the date of purchase are also covered if they fail inspection within a week after purchase.

In Nevada, the lemon law applies to new and used vehicles, but not leased vehicles. Persistent issues that occur before the expiration of any manufacturer's warranties or within one year of delivery are eligible for a refund or replacement.

In New Jersey, the lemon law may also apply to used cars within the first 2 years or 24,000 miles of purchase if the vehicle is a maximum of 7 years old (in model years) with less than 100,000 miles on the odometer, and you paid at least $3,000. A used car may qualify for protection under the state's lemon law if purchased from a licensed dealership. A used lemon is defined as a vehicle with substantial safety issues, three or more repair attempts, or one that has been out of service for 20 cumulative days with the same issue.

In Vermont, the lemon law applies to used vehicles if the first repair occurred within the manufacturer's warranty and if it meets other eligibility requirements.

In Arizona, the lemon law for used vehicles states that if a major component of your car breaks before the earlier of 15 days or 500 miles after you buy the car, you will be covered. You'll be responsible for up to $25 for the first two repairs, but you can recover the purchase amount for the car.

In addition to state lemon laws, the Magnuson-Moss Warranty Act is a federal law that functions as a lemon law and does not distinguish between new and used vehicles.

What is a substantial defect?

Lemon laws are state laws that provide legal rights to buyers of vehicles. They protect consumers in case of quality or performance issues with the purchased vehicles. Each state has its own lemon laws, but they all require the manufacturer or seller of a defective item to either repair it, replace it, or refund the cost of the vehicle.

A "substantial defect" is a problem covered by the warranty that impairs the car's use, value, or safety. For example, faulty brakes or steering would be considered a substantial defect. On the other hand, minor defects such as loose radio knobs and door handles don't meet the legal definition of "substantial defect".

As with most legal definitions, the line between a "minor" and a "substantial" defect isn't always clear. Some not-so-obvious conditions, such as defective paint jobs or horrible smells, have been found to be substantial defects.

In all states, the substantial defect must occur within a certain period of time or within a specific number of miles. The defect must not be caused by abuse. The exact definition of "substantial defect" varies in each state, but it generally refers to a problem that makes it impossible to operate the car or makes it unsafe to do so.

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. The Act 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:

• Written warranties must be titled either "full" or "limited".
• Warranties must outline the coverage they provide using language that is easy to understand.
• 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 often referred to as the federal Lemon Law. It applies to cars, trucks, motorcycles, and all other consumer products. The Act was enacted by Congress in 1975 with the automobile industry chiefly in mind. The protections provided by the Act are broader than those granted by state lemon laws.

The Act extends the period during which consumers can make a claim. State lemon laws usually allow consumers to file claims for a certain period of time after the original purchase date, with some states providing as little as twelve months to do so. The federal Lemon Law, on the other hand, generally allows consumers to file claims for up to four years after the vehicle’s purchase. In some cases, consumers have up to four years after the warranty expires to file a claim.

The Magnuson-Moss Warranty Act makes it easier for consumers to file breach of warranty claims after purchasing defective products. Importantly, the Act allows consumers to recover attorneys’ fees, court costs, and other expenses when they prevail. This fee-shifting provision levels the playing field and makes it feasible for consumers to bring claims against some of the world’s largest corporations.

Frequently asked questions