What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Within the earlier of the first year or 12,000 miles from date of delivery, you must provide written notification of the defect to the manufacturer by certified mail, return receipt requested. In this notice, you should describe the vehicle, the defect, all previous repair attempts, and the identities of those who made repair attempts.

Within the Lemon Law term of protection, (two years or 24,000 miles), The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts in the following situations:

  • If you have taken the car in for at least four repair attempts for the same defect, and the defect continues to exist;
  • Or, if the car has been out of service for a cumulative total of 30 or more calendar days, while being repaired for any number of defects, and the defect continues to exist. This 30­day period may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.
  • AND, at least one of the repair attempts or days out of service due to repair must have occurred during the first year or first 12,000 miles from date of delivery.

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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