A motor vehicle may be declared a lemon if it meets all of the following conditions:
- The vehicle has a serious defect or abnormal condition.
- The defect or condition is covered by a manufacturer's written warranty.
- The owner reports the defect or condition to the dealer or manufacturer within the warranty term.
- The owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition.
- The owner gives the manufacturer (preferably by certified mail) written notice of the defect and at least one opportunity for repair.
- The defect or condition persists and substantially impairs the vehicle's use or market value, or creates a serious safety hazard.
- The owner files a timely Lemon Law complaint and pays the filing fee.
How many chances does the dealer get to fix the vehicle?
Determining how many chances a dealer has to fix a defect is easy. Simply see if you pass either the four-times test, the serious-safety-hazard test or the 30-days test.
The law presumes you have given the manufacturer or authorized dealer a reasonable number of attempts to fix the defect if you pass one of these tests. The mileage requirements generally do not apply to TRVs.
Four-times test
If you have taken the vehicle to a dealership for repairs:
- two times for the same problem or defect within the first 12 months or 12,000 miles, whichever comes first, and
- twice more during the 12 months or 12,000 miles after the second repair attempt, and
- the problem is still not repaired
you pass the four-times test.
Serious-safety-hazard test
If you have taken the vehicle for repair of a serious safety hazard:
- once during the first 12 months or 12,000 miles, whichever comes first, and
- once more during the 12 months or 12,000 miles following the first repair attempt, and
- the problem is still not repaired
you pass the serious-safety-hazard test.
30-days test
If your vehicle has been out of service for repair because of problems covered by the warranty:
- for a total of 30 days or more, not necessarily all at one time, during the first 24 months or 24,000 miles, and
- there were two repair attempts during the first 12 months or 12,000 miles immediately after delivery, and
- a substantial problem still exists
you pass the 30-days test.
If a comparable loaner vehicle was provided while the vehicle was being repaired, that time does not count toward the 30 days.
How long do I have to file a complaint?
A Lemon Law complaint must be filed within six months following the earlier of:
- expiration of the express warranty term;
- 24 months; or
- 24,000 miles following the date of delivery of the vehicle (except TRVs)
In other words, the filing period is determined by which of the above events comes first. To be safe, file your complaint as soon as you realize the dealer is having problems repairing the vehicle.