What Is a Lemon Law?
"Lemon laws" are state laws that generally let a buyer of a new vehicle get a replacement or a refund when a defect covered by the warranty cannot be fixed after a reasonable number of repair attempts. Every state and the District of Columbia has one, but coverage periods, repair-attempt thresholds, and procedures differ by state. Separately, the federal Magnuson-Moss Warranty Act governs written warranties on consumer products.
What the law says
- The Magnuson-Moss Warranty Act, passed by Congress in 1975, is the federal law governing warranties on consumer products; it requires warrantors to disclose warranty coverage but does not require any business to provide a written warranty. FTC, Businessperson's Guide to Federal Warranty Law
- Under Magnuson-Moss, a written warranty must be labeled "full" or "limited"; a full warranty must give the consumer a choice of replacement or a full refund if the product cannot be repaired after a reasonable number of tries. FTC, Businessperson's Guide to Federal Warranty Law
- Magnuson-Moss makes breach of warranty a violation of federal law, allowing consumers to recover court costs and reasonable attorneys' fees, and encourages informal dispute resolution mechanisms that must meet the FTC's Dispute Resolution Rule. FTC, Businessperson's Guide to Federal Warranty Law
- A business that offers a written warranty on a consumer product cannot disclaim implied warranties. FTC, Businessperson's Guide to Federal Warranty Law
- Example (New York): the state's new-car lemon law covers cars within 18,000 miles or two years from original delivery, whichever comes first; a car may qualify if a problem continues after four or more repair attempts or the car is out of service 30 or more days, and owners may receive a refund or replacement through the state's arbitration program. New York State Attorney General, New-car lemon law: fact sheet
- Example (California): the state Lemon Law applies to most new vehicles bought or leased in California still under the manufacturer's new-vehicle warranty; if a vehicle is a lemon, the manufacturer must promptly repurchase or replace it, and the buyer may choose a refund instead of a replacement. California Attorney General, Buying and Maintaining a Car
- California presumes a vehicle is a lemon (a rebuttable presumption) if the problem first occurred within 18 months or 18,000 miles and the vehicle was taken in four or more times for the same problem, two or more times for a problem that could cause death or serious injury, or was out of service more than 30 days in total. California Attorney General, Buying and Maintaining a Car
- The FTC says that if a product has a problem, contact the seller, then write to the manufacturer if the seller doesn't resolve it; you can also report problems to the FTC or your state attorney general. FTC, Warranties
FAQ
Is there a federal lemon law?
Lemon laws are state laws. The federal Magnuson-Moss Warranty Act governs written warranties on consumer products, and its "full warranty" standard includes a refund-or-replacement choice if a product can't be repaired after a reasonable number of tries.
Do lemon laws cover used cars?
It depends on the state. For example, New York's fact sheet says its law covers new cars and many used cars. Rules differ in other states.
Does a dealer have to let me return a used car within three days?
Federal law doesn't require dealers to give you three days to cancel and return a car. Some states require a cancellation option; elsewhere it exists only if the dealer offers it.
Do I have to go to court?
Not necessarily. Many manufacturers offer state-certified arbitration programs, which in California are free; not all manufacturers participate.
What are implied warranties?
Laws in every state create implied warranties, unspoken promises such as that a product will do what it's supposed to do. They apply unless the seller gives written notice that there's no warranty or marks the product "as is."
Where can I get help with a lemon law claim?
Check your state attorney general's office. New York, for example, runs a lemon law arbitration program and lists a consumer help line.
Related
- The Magnuson-Moss Warranty Act: Your Federal Warranty Rights
- What Is Price Gouging?
- Where to File a Consumer Complaint
- Consumer Protection by state
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.