To determine whether you have a claim under Lemon Law you will have to determine whether at least one attempt to diagnose or repair each defect occurred under the manufacturer`s warranty and within the warranty period. It is important to understand that, for purposes of arbitration, the warranty period may be different from the actual manufacturer`s warranty. The law requires that the manufacturer`s warranty cover at least 1 year or 12,000 miles (whichever occurs first). An extended service contract is not an express manufacturer`s warranty.
When determining whether an attempt to diagnose or repair a defect meets the requirements for eligibility, the warranty period covers a diagnosis or repair occurring within 2 years from the original delivery date and 24,000 miles of operation of the vehicle.
The following are examples of how to determine whether a diagnosis or repair attempt occurred during the warranty period.
- If the manufacturer provides the minimum warranty of one year or 12,000 miles (whichever occurs first), an eligible defect must have been:
- diagnosed or repaired at least once under the manufacturer`s warranty within 12 months and 12,000 miles; OR
- outofservice for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer`s warranty; at least 15 calendar days must have occurred during the manufacturer`s warranty coverage of 12 months and 12,000 miles.
- If the manufacturer provided a longer warranty (e.g., five years or 50,000 miles) an eligible defect must have been:
- diagnosed or repaired at least once under the manufacturer`s warranty and within two years and 24,000 miles; OR
- outofservice for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer`s warranty; at least 15 calendar days must have occurred within two years and 24,000 miles.
