What Is The Manufacturer's Responsibility To Repair, Refund Or Replace?

Essentially, the Lemon Law requires manufacturers to meet the terms of all warranties. The manufacturer must repair or correct any defect or condition which substantially impairs the use and value of the vehicle, during the warranty period or during the period of one year following delivery of the vehicle to the consumer, whichever is the earlier date.

If the manufacturer or authorized dealer has been unable to repair the condition after a reasonable number of attempts, then, under the law, the consumer may be entitled to a replacement vehicle of equal value or a refund of the full purchase/lease price and collateral costs, less an allowance for the consumer`s use.

The law presumes that a reasonable number of attempts have been made after:

  • Four unsuccessful attempts to repair the same defect; or
  • A car has been out of service due to warranty repairs for at least 30 cumulative calendar days during the warranty period or during the year following the date of delivery to the consumer, whichever is earlier; or
  • There have been 10 or more attempts during the warranty period or during the first year of ownership, whichever is earlier, to repair various defects which substantially impair the use and value of the motor vehicle.

However, the manufacturer does not have to make a refund or replace the motor vehicle if:

  • The defect does not substantially impair the use and value of the motor vehicle; or
  • The condition is the result of abuse, neglect, or unauthorized alterations of the vehicle by the consumer.

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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