What Are The Possible Outcomes?

If it has been decided that your vehicle is a lemon, you may choose between either a refund or a new replacement vehicle that is acceptable to you. You have the right to decline a replacement vehicle in favor of a refund.

In your refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, usually computed based on the number of miles driven before the first report of the defect, as well as a reasonable allowance for damage not attributable to normal wear and tear (this would not include damage resulting from the said defect). After this deduction, you are entitled to receive the refund of the purchase price as well as any incidental costs, all credits and allowances for any trade­in vehicle, and other charges and fees.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

  • The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
  • If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
  • If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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