State Lemon Laws

According to the CA lemon law, the first line of defense is a consumer’s written warranty from the dealership. This warranty should outline the dealer’s responsibilities to repair defective vehicles. If the warranty period is not clearly defined or the consumer rejects an additional warranty, then the state lemon laws kick in. Most state codes say consumers are protected if they encounter a serious defect within the first year (or 18,000 miles) of ownership. Generally speaking, the manufacturer has about four attempts to repair the same defect or 30 days of downtime, although these guidelines may vary by state.

When it comes to automobile lemon laws for the different states, the Ohio lemon law is one of the best. For example, instead of covering consumers for 1-2 years, Ohio law allows consumers up to five to file their complaint. The law may apply to passenger vehicles carrying nine or fewer people, ride-sharing vehicles not carrying more than fifteen people, farm trucks that carry less than a ton and are used for personal reasons, noncommercial motor vehicles and any parts of motor homes that are not used for cold storage, cooking, eating or sleeping. Most states do not cover motor homes at all, so Ohio law is a little more liberal in its translation. A “reasonable number of repair attempts” is defined as three or more times in a year or 30 days of downtime to fix the same problem, eight or more attempts to repair any nonconformity, or one attempt to repair a nonconformity that could cause serious injury or death if not repaired.

What makes New Jersey lemon law code special, compared to other state lemon laws, is that they specifically include motorcycles and used cars in their law. Motor homes and commercial vehicles are still not covered, but the lemon law in this state affords more protection than most others. They give the manufacturer a total of three attempts to repair the vehicle or 20 calendar days of downtime (whereas most other states allow for 30 out-of-service days and four repair attempts). The New Jersey statutes say that a person must send the manufacturer a “final demand” letter, which gives the manufacturer one last attempt to repair the vehicle over the next 10 days before the consumer files the official lemon law complaint.

State lemon laws are a consumer’s best defense, since they interpret the vague federal laws. For instance, what constitutes as a “consumer?” In the Wisconsin lemon law, a “consumer” eligible for protection under the law can be the purchaser of a new motor vehicle, not including those who buy the vehicle to resell; a person who received a new vehicle as a transfer (not as a resale); or a person who leases a motor vehicle. Not every vehicular lemon law covers lease-purchase vehicles, but Wisconsin’s does, at least prior to the purchase date. Like most states, a moped, trailer or truck is not covered under their statutes. Also, the law covers “vehicle nonconformities,” which are defined as something covered by the manufacturer’s express warranty that substantially impairs the “use, value or safety” of the automobile.

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