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Lemon Law FAQs

What Exactly is a Lemon When You’re Referring to a Car?

State laws vary as to how they define a lemon.

In general, a lemon is vehicle that continues to have defects that overwhelmingly restricts the use, safety, and value of the car.

These restrictions are apparent even after efforts have been made to repair the car.

There may be specific legal rules in your state concerning how many repair attempts you must make in order for the car to qualify as a lemon.

As a Lawyer if You Can Sue for a Lemon Refund

How do I get a refund or sue for my lemon?

To make lemon laws work for you, initially you must notify the manufacturer and, in some states, the dealer about the defect.

Make sure you keep a copy of every repair receipt or service receipt.

These receipts record that the required number of repair attempts has been made, and can be especially important if your car’s defect had to be repaired at another garage or in another city because you could not drive the car back to the seller’s location.

Most states require that you go through an arbitration procedure before you can get a replacement or refund.

Some states require arbitration only if the manufacturer refuses to give you a satisfactory replacement or a refund.

You also may have the option of bypassing arbitration and going directly to court.

If you successfully pursue a lemon law claim, you may get a refund of what you paid for the car, as well as reimbursement for things like taxes, registration fees, and finance charges.

If you choose, you may get a replacement car. Be sure that it is of comparable value to the lemon it is replacing, and you are satisfied with the replacement.

Will lemon laws cover my used car?

That will depend on the state law that applies to your car purchase.

A growing number of states apply lemon laws to used cars.

Speak with a personal injury attorney to determine if your state lemon laws cover used cars.

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Can I still drive the car while I am deciding it is a lemon?

You may drive the car while you are deciding if it is a lemon.

However, be aware that your state law may allow the seller to deduct a certain amount from your refund based on the miles you have driven the car.

This applies to new and used cars.