What Is A Lemon?

Your vehicle may qualify as a lemon if it has one or more substantial defects that have been subject to a reasonable number of attempts to diagnose or repair the problem(s) under the manufacturer`s warranty. A reasonable number of attempts has occurred when:
  1. Diagnosis or repair of the same serious safety defect has been attempted two or more times, and the defect continues to exist. At least one attempt must occur during the warranty period.
    • A serious safety defect is a life­threatening malfunction that impairs the driver`s ability to control or operate the vehicle, or creates a risk of fire or explosion; OR
  2. Diagnosis or repair of the same nonconformity has been attempted four or more times, and the defect continues to exist. At least one attempt must occur during the warranty period.
    • A nonconformity is a defect that substantially impairs the use, value or safety of the motor vehicle so as to make the vehicle unreliable, unsafe or diminished in resale value for comparable vehicles; OR
  3. A vehicle has been out­of­service for diagnosis or repair of one or more nonconformities or serious safety defects (whether or not repaired) for a cumulative total of 30 calendar days, with at least 15 of those days occurring during the warranty period.

At the arbitration hearing, the arbitrator will ask you which of the above criteria applies to your vehicle. You can claim one or more of the criteria listed above as long as you can prove to the arbitrator that they apply to the defect(s) in your vehicle.

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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