What Do I Need To Do Before I Can Claim That My Car Is A Lemon?
- For a vehicle with a serious safety defect in the brakes or steering system, if you have taken the vehicle in for one unsuccessful repair attempt, during the earlier of 12 months or 12,000 miles from date of delivery.
- For a vehicle with another type of serious defect that affects the safety of the vehicle, if you have taken the vehicle in for at least two repair attempts, one of which occurred within the first 12 months or 12,000 miles and the other of which occurred within a 24month or 24,000mile period during the warranty.
- For a vehicle with any other defect that substantially impairs the use, value, or safety of the vehicle, if you have taken the vehicle in for three repair attempts within any 24month or 24,000mile period during the warranty.
- For a vehicle with any other defect that substantially impairs the use, value, or safety of the vehicle, if the car has been out of service for a cumulative total of 30 or more calendar days by reason of repair; 15 of these 30 days must have occurred within the earlier of 12 months or 12,000 miles from the date of delivery, and all 30 days must have occurred within a 24month or 24,000mile period before the warranty expires.
If the defect still continues to exist, you must provide written notification to the manufacturer (not your dealer) of the defect and request that a final repair attempt be made to your vehicle. This letter should be sent by certified mail, return receipt requested.
If you send this notice within the first 12 months or 12,000 miles, the manufacturer may not charge you to repair the vehicle.
If you send it after the first 12 months or 12,000 miles, you may be required to pay for repairs if they are not covered under the manufacturer`s warranty.
The manufacturer then has seven days after the receipt of the notice to designate a reasonably accessible repair facility, and then 14 days after you deliver the vehicle to the facility to correct the defect.
If the manufacturer`s final repair attempt is not successful, or if they do not respond to your request within seven days, you must then send a written statement by certified mail, return receipt requested to the manufacturer requesting the repurchase or replacement of the vehicle.
If your vehicle was leased, you must send a similar statement to the manufacturer, and if the manufacturer does not take action to replace or repurchase the vehicle within 30 days, you must then send another similar letter to the manufacturer.
Upon receipt of the written request for repurchase or replacement, the manufacturer has 30 days to honor your request.
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.
Additional Lemon Law Articles
- What Vehicles Are Covered Under The Lemon Law?
- What Vehicles Are Not Covered?
- What Is The Lemon Law Term Of Protection?
- What Types Of Defects Are Covered?
- What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?
- What Are My Options For Action Under The Lemon Law?
- What Are The Possible Outcomes?
- Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?
- Does The State Of Georgia Have A Used Car Lemon Law?
- Where Can I Get More Information About The Lemon Law?