A lemon law gives consumers legal recourse if they’re sold a defective vehicle. Lemon laws usually define what makes a car a “lemon” and outline the process for a consumer to receive a refund or other remedy.
Summary
Most states have lemon laws that cover certain vehicle purchases
Vehicles with incurable defects may be considered lemons
A lemon law can force the manufacturer to honor your warranty
What states have lemon laws? Every state in the country, as it happens.
Why is it called “lemon law”? Generally speaking, a “lemon” is a new vehicle with a problem that can’t be fixed after a reasonable number of attempts. Lemon laws provide an escape route so buyers aren’t stuck with non-functioning vehicles.
These laws are based on warranty principles. When a buyer or lessor receives a new vehicle, they expect it to work. When it doesn’t, they deserve a remedy. State lemon laws, combined with contract law, offer that remedy.
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What Is a Lemon Law?
In most states, lemon laws perform two functions. First, they define when a car is considered a lemon and what rights the consumer has against the manufacturer. Second, they give the consumer a process for resolving their dispute over the defective vehicle.
What Qualifies for Lemon Law Protections?
States vary in their coverage. Some cover all vehicle transfers, including new vehicle sales, leases, and used car sales.
California’s lemon law, for example, imposes warranty requirements on new and leased vehicles. It also requires manufacturers to honor any remaining warranty terms on used cars. Thus, if you bought a used vehicle with a 50,000-mile/five-year warranty and it had only been used for 40,000 miles and two years, the law would cover it.
For example, certain states restrict the scope of their laws to new and leased vehicles. Florida requires manufacturers to conform new and leased vehicles to the terms of their warranties. In other words, the new or leased vehicle must meet the conditions specified in the manufacturer’s warranty.
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What Does the Lemon Law Cover?
Any vehicle exhibiting a defect that impairs its value, use, or safety is considered a lemon car, meaning minor flaws and cosmetic problems aren’t recognized under most state laws.
A poorly designed door that results in paint rubbing off the door frame likely wouldn’t be enough to classify the vehicle as a lemon. However, a poorly designed door that springs open without the user touching the handle would qualify since it could result in injuries in auto accidents.
That said, defects may be covered even if they don’t result in accidents. For instance, a car that doesn’t reliably start in cold weather might qualify.
How Does the Lemon Law Work?
Lemon law requirements vary from state to state, so the lemon law in Texas will be different than it is in New Jersey. The following criteria are common; however, you should speak to a lawyer to discover your state’s specific requirements:
A defect that affects the value, use, or safety of the vehicle
Notice to the manufacturer of the defect and a request to cure it
A reasonable number of attempts by the manufacturer or dealer to fix it
A persistent recurrence of the defect, even after repair attempts
If you’ve fulfilled these requirements, most states allow you to pursue a lemon law complaint. Depending on where you live, you might file the complaint with a state agency, such as a consumer protection office or department of motor vehicles. In some places, you may need to file a lawsuit to enforce your lemon law rights.
Many states require the complaint to first go to mediation or arbitration. During mediation, the parties try to settle their case with the help of a neutral third party. The mediator doesn’t pick a winner or loser; rather, they try to guide the parties toward an agreeable settlement.
Arbitration is similar to an informal trial. Both sides present evidence in an attempt to get the arbitrator to find in their favor. The manufacturer could present defenses, as well, such as contributory negligence by the owner in causing the defect.
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Lemon Law Tests Explained: Four Times, Safety Hazard, and 30-Day Rule
Generally, a car is considered to be a lemon if the dealer or manufacturer has been given a reasonable number of chances to fix it. The dealer is often assumed to have been given a reasonable number of chances if your car passes one or more of these tests:
Four Times Test
Your car can pass this test if:
You’ve taken the vehicle for service four times for the same defect
This was within the first 24 months or 24,000 miles, whichever is first
The defect is still not fixed
Always keep repair records — they may be important if you file a claim later.
Safety Hazard Test
If the defect presents a serious safety hazard and you’ve had it repaired twice in the first 24 months or 24,000 miles to no success, your car passes the test.
The recent Dodge Ram recall is a good example of this. Certain models suddenly disabled their Electronic Stability Control (ESC) systems, causing crashes.
30-Day Rule
If your vehicle is not fixed after having been in the shop for a total of 30 days within the first 24 months or 24,000 miles, your car passes the 30-day test. If the dealer gave you a similar loaner vehicle during this time, the days with the loaner don’t count toward the requisite 30.
Lemon Law Remedies
Lemon laws typically provide three possible remedies:
Repair
The court, arbitrator, or administrative agency can order the manufacturer to try to fix the problem again. However, since you must prove that you already gave the manufacturer a reasonable number of repair attempts, this remedy is unusual.
Such a remedy might be ordered when the manufacturer changes the design of a part based on similar complaints and wants to install the new part in your car.
Replace
The manufacturer may be required to replace your vehicle with a comparable one. In identifying a suitable replacement, they have the right to depreciate the vehicle according to your use.
Repurchase
A repurchase is essentially a refund. The manufacturer must pay you the amount charged for the vehicle minus a reasonable allowance for use (RAFU).
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Alternate Remedies to the Lemon Law
Generally, you aren’t required to register a lemon law complaint for your vehicle — instead, you can go straight to a product liability lawsuit. You would likely sue for breach of warranty. You could also sue for product liability if the defective vehicle caused any injuries.
Used Car Lemon Remedies
Most states don’t cover used vehicles in their lemon laws. However, you have certain rights under your purchase contract that you may be able to enforce. Additionally, many states impose an implied warranty of merchantability on the sale of used cars. This means that the vehicle must be suited for driving unless it was sold “as-is.”
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What States Have Lemon Laws?
Most states have some level of lemon law, but some offer more coverage than others. For instance, lemon laws often only apply for a year or for the length of the manufacturer’s warranty. In New Hampshire, though, coverage extends for a full year after the manufacturer's warranty.
Here’s a closer look at lemon laws by state.
State
Covered Vehicles
Coverage Valid For
Exceptions
Source
Alabama
new
1 year or 12,000 miles
Motorhomes or vehicles over 10,000 pounds not covered
alabamaag.gov [1]
Alaska
new
1 year
law.alaska.gov [2]
Arizona
new and used
2 years or 24,000 miles (new); 15 days or 500 miles (used)
azag.gov [3]
Arkansas
new
2 years or 24,000 miles
dfa.arkansas.gov [4]
California
new, leased, and used
18 months or 18,000 miles
Used cars only if still under original warranty
oag.ca.gov [5]
Colorado
new and leased
2 years or 24,000 miles
Motorhomes and motorcycles not covered
sbg.colorado.gov [6]
Connecticut
new and leased
2 years or 24,000 miles
portal.ct.gov [7]
Delaware
new and leased
1 year
Motorhomes not covered
dmv.de.gov [8]
District of Columbia
new and leased
2 years or 18,000 miles
oag.dc.gov [9]
Florida
new and leased
2 years
floridabar.org [10]
Georgia
new and leased
2 years or 24,000 miles
consumer.georgia.gov [11]
Hawaii
new and leased
2 years or 24,000 miles
cca.hawaii.gov [12]
Idaho
new and leased
2 years or 24,000 miles
ag.idaho.gov [13]
Illinois
new and leased
1 year or 12,000 miles
Modified vehicles not covered
illinoisattorneygeneral.gov [14]
Indiana
new and leased
18 months or 18,000 miles
in.gov [15]
Iowa
new and leased
2 years or 24,000 miles
Vehicles over 15,000 pounds not covered
iowaattorneygeneral.gov [16]
Kansas
new and leased
1 year
ksrevisor.org [17]
Kentucky
new and leased
1 year or 12,000 miles
Vehicles over 12,000 pounds not covered
apps.legislature.ky.gov [18]
Louisiana
new and leased
1 year
legis.la.gov [19]
Maine
new and leased
3 years or 18,000 miles
maine.gov [20]
Maryland
new and leased
2 years or 18,000 miles
marylandattorneygeneral.gov [21]
Massachusetts
new, leased, and used
Under warranty (new) or under 125K miles at purchase (used)
Used cars over 125K miles may qualify if they fail inspection within 7 days
mass.gov [22]
Michigan
new, leased, and used
1 year or term of warranty
Used cars covered only under warranty and within first year
If you’ve shopped for cars recently, you may have noticed that many used cars are sold “as is” with no warranty. So you might wonder — what states have lemon laws for used cars? The following states have laws that cover used vehicles in some capacity:
State
State
State
Arizona
Minnesota
Rhode Island
California
Nevada
Texas
Massachusetts
New Jersey
Vermont
Michigan
New York
Virginia
Make sure you know your state’s specific rules before filing a claim.
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ConsumerShield Can Help You Exercise Your Rights
A defective vehicle can cause significant hardship by forcing you to find alternative transportation. While you may pursue a lemon law claim yourself, a litigation lawyer can increase your chances of success. At ConsumerShield, we educate consumers about their rights and help connect them with qualified legal professionals. Contact us today for a free case evaluation and lawyer referral.
Sarah Edwards
Contributor
Sarah Edwards is a seasoned legal writer with more than a decade of experience.
Contract lawyers or consumer protection lawyers typically handle lemon law claims. They can explain the steps you must take for protection and offer lemon law examples to make sure you understand the defects that qualify. If you were injured, you may also need a product liability attorney.
Each state has a lemon law in some capacity. Lemon laws generally cover new cars, sometimes cover leased cars, and rarely cover used vehicles.
Lemon laws usually apply during the manufacturer’s warranty term. Some states also impose additional limits based on mileage or time. For example, a state may provide lemon law protection for the warranty term, 24,000 miles, or two years, whichever expires first.
Lemon laws usually only apply to new vehicles. Some states also offer protection for leased vehicles. However, most don’t cover used vehicles, although some provide protections for used vehicles sold before the manufacturer’s warranty expires.
