How Do I Know My Car is a Lemon?

Purchasing a car, whether new or used, is a significant investment. It’s exciting to drive off the lot with a new set of wheels, but what happens when your car turns out to be a constant source of headaches? If you’ve spent an inordinate amount of time  in the repair shop, you might be dealing with a “lemon.”

But how do you know for sure? And what rights do you have if your car is indeed a lemon?

Let’s explore how to recognize a lemon vehicle, explain the role of the Magnuson-Moss Warranty Act, and walk you through state-specific lemon laws that might apply to your situation.

What is a “Lemon”?

A car labeled as a “Lemon” is one that has a significant defect that impairs its use, value, or safety and that cannot be reasonably repaired after several attempts. While the term “lemon” is often used informally, it has legal implications in the context of car purchases.

The problem could be anything from a faulty engine, transmission issues, or an ongoing electrical system problem. The key factor is that the issue is severe enough to make the vehicle unsafe or unreliable.

The Magnuson-Moss Warranty Act and Lemon Cars

One of the most important federal laws protecting consumers in the case of lemon vehicles is the Magnuson-Moss Warranty Act (MMWA). Enacted in 1975, this law provides protection for consumers by setting standards for warranties on consumer products, including vehicles. Here’s how it relates to lemon cars:

• Implied Warranties: Under the MMWA, vehicles come with implied warranties—even if the manufacturer doesn’t offer an explicit warranty. If your car breaks down or has significant defects within the warranty period, the law requires the manufacturer to fix it at no charge.
• Express Warranties: If your car comes with an express warranty (e.g., a 3-year/36,000-mile coverage), the manufacturer must honor that warranty, ensuring repairs are made to address defects that occur during that time.

It’s important to note that the MMWA allows you to file a claim in federal court if the manufacturer does not honor your rights under warranty.

State Lemon Laws: What You Need to Know

While the Magnuson-Moss Act offers federal protections, lemon laws vary by state, and each state may have different requirements. Let’s break down how lemon laws differ across the country, and what you should know about your state’s specific regulations.

Common Elements of State Lemon Laws

Though the details vary, most state lemon laws share common requirements, such as:

1. Defects Covered: The defect must be something substantial that affects the car’s use, value, or safety. Minor issues, like cosmetic imperfections or very minor mechanical faults, don’t usually qualify.
2. Repair Attempts: Generally, the law requires multiple attempts to fix the defect—usually three or four—but this can vary. In some states, a single repair attempt may be enough if the defect is particularly dangerous (like brake or steering issues).
3. Time Period: Each state has a different time limit in which a car must qualify for lemon law protection. This can range from one year to two years, or until the car reaches a certain mileage threshold (often between 12,000 and 24,000 miles).
4. Out of Service Time: Some states also have a provision that if your car is in the repair shop for a certain number of days (e.g., 30 days), it may be presumed to be a lemon.

Examples of State-Specific Lemon Laws

Let’s take a closer look at some state lemon laws to highlight the differences.  As mentioned above, eventhough the specifics vary, if your vehicle has a defect that “substantially impairs” the vehicle’s use, value or safety, and has been subjected to an “unreasonable” number of repair attempts, it may qualify for Lemon Law compensation.  The state-specific requirements outlined below are for vehicles that may have exceptionally strong cases leading to a legal “presumption” of recovery.

New York Lemon Law 

In New York, the law offers additional protection for new cars that have: 

• Substantial defects that impair the car’s use, safety, or value. 
• The defect should be repaired at least 3 times, or the car must have been in the shop for a total of 30 days or more. 
• Additionally, to qualify for the New York Lemon Law, you must present your vehicle for repairs during the first two-years or 18,000-miles of operation (whichever is earlier).

New York law also protects consumers who purchase used cars, but only if the car was purchased from a dealer and still under warranty.

Texas Lemon Law

In Texas, the law offers additional protection for new cars that have:

• A substantial defect that affects the car’s use, value, or safety.
• The defect must have been attempted to be repaired at least 4 times, or the vehicle must have been out of service for 30 or more days during the first 24 months or 24,000 miles.

Texas also provides a specific process for filing a lemon law claim, which includes a mediation process between the manufacturer and the consumer.

Pennsylvania Lemon Law

In Pennsylvania, the law offers additional protection for new cars that have:

• A substantial defect that impairs its safety, use, or value. 
• The defect must occur within 12 months or 12,000 miles, whichever comes first.
• The manufacturer must have made at least 3 repair attempts to fix the defect, or the car must have been out of service for a total of 30 days or more.

North Carolina Lemon Law

North Carolina’s lemon law offers extra protections for new car buyers, but like many states, there are specific criteria to meet.

• A substantial defect that impairs its safety, use, or value. 
• The defect must appear within the first 24 months or 24,000 miles, whichever comes first.
• The defect must not have been repaired after three or more attempts, or if the car has been out of service for more than 20 days in total during the first 24 months or 24,000 miles. 

Ohio Lemon Law

Ohio’s lemon law covers new cars, as well as leased cars. The law also provides additional protections for used car buyers in specific situations.

• A substantial defect that impairs its safety, use, or value. 

• The defect must be repaired at least three times without resolution, or the car must have been out of service for 30 or more days during the first 12 months or 18,000 miles, whichever comes first.

How to Protect Your Rights

If you believe your car is a lemon, here are some steps you can take:

1. Keep Records: Document every repair attempt, including dates, descriptions of the issues, and any receipts or service records.
2. Notify the Dealer or Manufacturer: In many states, you must give the manufacturer or dealer a chance to repair the defect before filing a lemon law claim. Be sure to follow the procedures required by your state.
3. Consult a Lemon Law Attorney: If you’re not sure whether your car qualifies as a lemon or how to proceed, it’s wise to consult an attorney who specializes in lemon law cases.

Don’t Settle for a Faulty Vehicle

Dealing with a lemon car can be incredibly frustrating, but the good news is that you have legal protections. Whether under the Magnuson-Moss Warranty Act or your state’s specific lemon law, there are avenues available for you to seek a remedy, whether that’s a refund, a replacement vehicle, or even a resolution through arbitration.

It’s important to understand the requirements of lemon laws, keep thorough records of all repairs, and know your rights. If you find yourself stuck in a cycle of repeated car repairs, don’t hesitate to explore your options and reach out to Jeffries Law for help.

You don’t have to settle for a faulty vehicle that disrupts your life—if you think your car is a lemon, contact us today to learn how we can help you navigate the legal process and get the resolution you deserve.