There is nothing more frustrating than buying a new (or new-to-you) vehicle, only to have it spend more time in the repair shop than in your driveway.
You take it in. The dealer “fixes” it. You drive it home. The check engine light comes back on.
If this cycle sounds familiar, you aren’t just dealing with bad luck—you might be driving a “Lemon.” And under State and Federal laws, you have powerful rights that car manufacturers and dealerships rarely advertise.
This guide breaks down exactly what qualifies as a Lemon and how you can get your money back without opening your wallet.
Many drivers assume their car is just “glitchy” and they have to live with it. That is false.
The core of Lemon Law is the concept of a “reasonable number of repair attempts.” While the exact number varies slightly by state, the general rule is:
- 3-4 Attempts: If you have taken the vehicle in for the same substantial defect three or four times and it still isn’t fixed, you likely have a case.
- 30 Days Out of Service: If your car has been in the shop for a cumulative total of 30 days or more (even for different issues), it is often presumed to be a lemon.
Does It Affect Value or Safety?
To qualify, the defect usually needs to be “substantial.” This means it impairs the use, value, or safety of the vehicle.
- Safety: Brakes, steering, stalling engines, or airbag lights.
- Use/Value: Persistent leaks, transmission shuddering, or infotainment systems that prevent you from using navigation/cameras.
If the dealer tells you “we can’t duplicate the problem” or “that’s just how this car drives,” do not accept that as the final answer. Keep your repair orders. They are your evidence.This is the most important thing to understand, and it is the reason you should never hesitate to speak with a legal professional about your car.
Lemon Laws were written to protect consumers, not corporations. Because the average driver cannot afford to pay an attorney $400/hour to fight a massive automaker, the law includes a “fee-shifting” provision.
This means that if your claim is successful, the manufacturer is required to pay your attorney’s legal fees separate from your settlement.
In other words: You generally do not pay a retainer. You do not pay hourly billing. The help you need is essentially free to you because the manufacturer foots the bill.
What Can You Get?
If your vehicle meets the criteria, the manufacturer is typically required to offer one of three solutions:
- Buyback: They repurchase your vehicle (refunding your down payment, monthly payments, and paying off the loan).
- Replacement: They swap your defective car for a comparable new model.
- Cash Compensation: You keep the car, but they pay you a significant cash settlement for the loss in value.
Do You Qualify?
Navigating the specific statutes can be tricky, and manufacturers fight hard to deny claims.
We have created a simple, no-obligation evaluation process. We review your repair history and tell you plainly if you have a claim—all at no cost to you.
Common Questions
What qualifies as a lemon?
A vehicle is considered a lemon when it has a recurring defect that isn’t repaired after a reasonable number of attempts, typically while under the manufacturer’s warranty. What qualifies as “reasonable” varies by state but often includes repeated repairs for the same problem, lengthy time in the shop, or defects that create serious safety risks.
What vehicles are eligible for Lemon Law claims?
Lemon Laws generally apply to new passenger vehicles. Cars, trucks, and SUVs, even leased or used vehicles still under the original warranty. Because coverage varies by state, having experienced legal guidance is key to understanding your rights.
Are leased vehicles eligible?
Yes, leased vehicles can often be covered under Lemon Law, as long as they meet the state’s criteria for defects and repair attempts. Keeping detailed records of all problems and repairs is essential, as strong documentation is the key to a successful claim.
How does the claim process work?
Once you’ve documented the defect and repair attempts, the next step is to formally notify the manufacturer and give them a chance to resolve the issue. If the problem continues, you may need to pursue arbitration or court action. Because the process varies by state, it’s wise to consult a lawyer early on.
How much can I recover under the Lemon Law?
Lemon Law compensation varies from case to case, depending on the circumstances of the claim. The ideal outcome is a Lemon Buyback, in which the manufacturer repurchases the vehicle from you. In a Lemon Buyback, you receive the following compensation:
- Your full down payment
- All monthly payments for the vehicle
- Taxes related to the purchase
- Finance charges
- A pro-rated portion of your Registration fee
In addition, you may receive compensation for the following:
- Towing fees
- Service costs, including parts
- Car rental fees
The manufacturer will also pay off the balance of your loan and discharge it. There is a standard depreciation deduction for your use of the vehicle. Depreciation is calculated based on mileage when you first brought the vehicle in to repair a defect.
You can also negotiate with the manufacturer to replace your lemon with another vehicle of equivalent or lesser value, essentially swapping your defective vehicle for one that works.
Can I file my own Lemon Law claim?
Yes, you can file your own Lemon Law claim in Florida or New York, but you will need to spend time communicating with the courts, provide full documentation of your claim and potentially argue for your rights against an experienced, well-paid attorney representing the vehicle’s manufacturer. At any point in the process, your claim could be denied. With a single call to 1-855-223-8344, you can find out if you are eligible for compensation and start the claim process with no risk and no charge to you unless you win your case.
What does a Lemon Law Attorney cost?
Consultations are free. Case review is free. There is no out-of-pocket cost for legal services unless you receive a settlement.
Contact us online or call us at 1-855-223-8344 to learn about our fee, charged only if you win.