Your Free Guide to Lemon Laws - State by State

Just what is a Lemon?

To be classified as a lemon under Lemon Law a vehicle must have a continuing defect that substantially impairs its use, value, or safety. In most State, if you have had a car fixed more than four times within the vehicle's warrantee period, and the defect still remains - then that should classify your car as a Lemon under most State's Lemon Laws.

Is my vehicle a Lemon?

If there's an annoying rattle, or you're not happy with the upholstery, or an internal light fixture is loose, or some paint has started to peel, then these are all considered non-substantial defects and would not classify your vehicle as a Lemon under Lemon Law, because none of them prevents you from doing what you purchased the vehicle for, that is driving it.
     Now, on the other hand, if the engine cuts out, or won't start all the time, or the hood files open, or a passenger seat won't shut properly, or the steering is way off, or you can't even get to 60mph, then all of these are substantial defects that hinder the usability of the vehicle and they will generally be covered under Lemon Law - as long as the manufacturer has fixed the fault(s) the requisit number of times before the Lemon Law kicks in,
     It should be noted, however, that in many States, even a dozen different defects will not class your car as a Lemon, as long as each is repaired by the manufacturer within the set number of attempts. On the other hand, one single extremly serious (ie, life-threatening) defect could make your car a Lemon if it's not fixed after one attempt, depending on the State.
     When you have a Lemon car it is your duty to give the manufacturer every opportunity to fix the problem(s) the requisit number of times. If you do not, then the Lemon Law of your State will not come to your support.

Will I have to hire a Lawyer?

In many States you are required to hire a Lawyer, in others there is a do-it-yourself process, where you simply file your complaint and the State will take you through the correct procedure. When referring to the State, this means the State in which the car was purchased or was registered in.

What about Attorney fees?

Fortunately about 50 percent of States will allow you to recover your Lawyer's fees. Unfortunately, the other 50% do not. The Attorney's fees will be based on time spent on the case and will not be assessed as a percentage of the recovery money. Note that in some States, if you lose you will have to pay the manufacturer's Lawyer's fees too.

Are leased or used cars covered by Lemon Law?

Again, this all depends on the State. Some of them include both used and leased cars in their Lemon Laws, while others use seperate laws to cover used vehicles. Then again, some States only cover new vehicles. Really, if in doubt, you should consult a qualified Lemon Law Attorney as to whether your vehicle is protected under your State's Lemon Laws.

What about other vehicles?

Most States cover the drive train portion of Motor Homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few States do include them in their lemon law statutes.

Using this link you'll find actual extracts of the Lemon Laws for all the following States: AK Alaska, AL Alabama, AR Arkansas, AZ Arizona, CA California, CO Colorado, CT Connecticut, DC District of Columbia, DE Delaware, FL Florida, GA Georgia, HI Hawaii, IA Iowa, ID Idaho, IL Illinois, IN Indiana, KS Kansas, KY Kentucky, LA Louisiana, MA Massachusetts, MD Maryland, ME Maine, MI Michigan, MN Minnesota, MO Missouri, MS Mississippi, MT Montana, NC North Carolina, ND North Dakota, NE Nebraska, NH New Hampshire, NJ New Jersey, NM New Mexico, NV Nevada, NY New York, OH Ohio, OK Oklahoma, OR Oregon, PA Pennsylvania, RI Rhode Island, SC South Carolina, SD South Dakota, TN Tennessee, TX Texas, UT Utah, VA Virginia, VT Vermont, WA Washington, WI Wisconsin, WV West Virginia & WY Wyoming