The Lemon Law in Vermont
Which vehicles Vermont's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.
Short answer: Vermont's lemon law covers passenger motor vehicles purchased, leased or registered in Vermont, but not motorcycles, the living portion of recreational vehicles, or trucks over 12,000 pounds gross vehicle weight. 9 V.S.A. §§ 4171 to 4181
| New car lemon law | Vermont's lemon law covers passenger motor vehicles purchased, leased or registered in Vermont, but not motorcycles, the living portion of recreational vehicles, or trucks over 12,000 pounds gross vehicle weight. If a defect is reported during the warranty, the manufacturer must make the needed repairs even after the warranty ends, and dealers must give a written repair order each time. If a defect that substantially impairs use, market value or safety cannot be fixed after a reasonable number of attempts, the manufacturer must, at the consumer's option, replace the vehicle with a comparable new one or take it back and refund the full purchase price, trade-in and down payment credits, finance and registration charges and incidental and consequential damages, minus a use allowance. A reasonable number of attempts is presumed if the same problem was subject to repair at least three times (the first within the warranty) and continues, or the vehicle was out of service 30 or more calendar days during the warranty. The consumer notifies the manufacturer in writing and chooses either the manufacturer's dispute program or the state's Vermont Motor Vehicle Arbitration Board, which charges no filing fee. Proceedings must begin within one year after the express warranty expires. Source: 9 V.S.A. §§ 4171 to 4181 |
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| How to file a lemon law claim | 1) Report the problem during the warranty term and keep the written repair orders (the dealer must give one each visit). 2) Written notice and election: after a reasonable number of repair attempts, or after the vehicle has been out of service 30 or more calendar days, the consumer notifies the manufacturer (and lessor, if leased) in writing on the form the manufacturer must provide at delivery. In that notice the consumer chooses either the manufacturer's dispute settlement program or the state's Vermont Motor Vehicle Arbitration Board; choosing one rules out the other. A consumer who has stopped finance or lease payments cannot use the lemon law remedy. 3) Final repair attempt: within the 45-day arbitration period, and at least five days before the hearing, the manufacturer gets one final chance to repair; the right is waived if not completed in time. 4) Arbitration: the hearing must be held within 45 days after the notice is received (extendable up to 30 days for good cause; no hearing if the manufacturer does not contest). There is no filing fee or cost to the consumer for either the state board or the manufacturer's program. The vehicle must be brought to the hearing for inspection or a test drive. The board decides within 30 days after the hearing. Its decision is final unless a reconsideration motion with new evidence is filed within 30 days, and can be overturned in Superior Court only on limited grounds. 5) Deadline: any proceeding under the lemon law must be started within one year after the express warranty term expires. If the consumer picks the manufacturer's program, the matter is contested, and arbitration is not held within 45 days without good cause, the consumer is entitled to the relief requested (§ 4173(c)(3)). After a refund, the consumer must file a claim with the Commissioner of Motor Vehicles within 90 days of the order to get back the state purchase and use tax (§ 4172(e)). |
| Used cars | The Attorney General's Consumer Assistance Program states that Vermont's lemon law applies to vehicles within the original manufacturer's warranty period (or, in some cases, within a year after it expires), and that there is no additional used car lemon law protection in Vermont. |
Where to get help in Vermont
More Vermont consumer protection
- Your Right to Cancel a Purchase in Vermont
- Contractors and Repair Shops in Vermont
- Filing a Consumer Complaint in Vermont
- All Vermont consumer protection rules
FAQ
How does the lemon law work in Vermont?
Vermont's lemon law covers passenger motor vehicles purchased, leased or registered in Vermont, but not motorcycles, the living portion of recreational vehicles, or trucks over 12,000 pounds gross vehicle weight. If a defect is reported during the warranty, the manufacturer must make the needed repairs even after the warranty ends, and dealers must give a written repair order each time. If a defect that substantially impairs use, market value or safety cannot be fixed after a reasonable number of attempts, the manufacturer must, at the consumer's option, replace the vehicle with a comparable new one or take it back and refund the full purchase price, trade-in and down payment credits, finance and registration charges and incidental and consequential damages, minus a use allowance. A reasonable number of attempts is presumed if the same problem was subject to repair at least three times (the first within the warranty) and continues, or the vehicle was out of service 30 or more calendar days during the warranty. The consumer notifies the manufacturer in writing and chooses either the manufacturer's dispute program or the state's Vermont Motor Vehicle Arbitration Board, which charges no filing fee. Proceedings must begin within one year after the express warranty expires.
How do you file a lemon law claim in Vermont?
1) Report the problem during the warranty term and keep the written repair orders (the dealer must give one each visit). 2) Written notice and election: after a reasonable number of repair attempts, or after the vehicle has been out of service 30 or more calendar days, the consumer notifies the manufacturer (and lessor, if leased) in writing on the form the manufacturer must provide at delivery. In that notice the consumer chooses either the manufacturer's dispute settlement program or the state's Vermont Motor Vehicle Arbitration Board; choosing one rules out the other. A consumer who has stopped finance or lease payments cannot use the lemon law remedy. 3) Final repair attempt: within the 45-day arbitration period, and at least five days before the hearing, the manufacturer gets one final chance to repair; the right is waived if not completed in time. 4) Arbitration: the hearing must be held within 45 days after the notice is received (extendable up to 30 days for good cause; no hearing if the manufacturer does not contest). There is no filing fee or cost to the consumer for either the state board or the manufacturer's program. The vehicle must be brought to the hearing for inspection or a test drive. The board decides within 30 days after the hearing. Its decision is final unless a reconsideration motion with new evidence is filed within 30 days, and can be overturned in Superior Court only on limited grounds. 5) Deadline: any proceeding under the lemon law must be started within one year after the express warranty term expires.
Is there a lemon law for used cars in Vermont?
The Attorney General's Consumer Assistance Program states that Vermont's lemon law applies to vehicles within the original manufacturer's warranty period (or, in some cases, within a year after it expires), and that there is no additional used car lemon law protection in Vermont.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.