Lemon Law
Does California's Lemon Law Apply To My Vehicle?
The Lemon Law covers the following new and used vehicles that come with the manufacturer’s new vehicle warranty:
- Cars, pickup trucks, vans, and SUVs.
- The chassis, chassis cab, and drive train of a motor home.
- Dealer-owned vehicles and demonstrators.
- Vehicles purchased or leased primarily for business use. (Business fleet requirements are less than five vehicles and gross vehicle weight of less than 10,000 lbs.)
- Vehicles purchased or leased for personal, family, or household purposes.
What If The Manufacturer Or Dealer Cannot Fix My Vehicle?
If the manufacturer or dealer is unable to repair a serious warranty defect in your vehicle after a “reasonable” number of attempts, the manufacturer must either:
- Replace the vehicle.
- Refund its purchase price (whichever you prefer).
What Is A "Reasonable" Number Of Repair Attempts?
California’s Lemon Law Presumption provides guidelines for determining a “reasonable” number of repair attempts if any of the following occurs within 18 months or 18,000 miles after the purchase or leasing of a new car, whichever occurs first.
- The manufacturer or dealer has not fixed the same problem after four or more attempts.
- Your vehicle’s problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.
- The vehicle has been in the shop for more than 30 days (not necessarily in a row) for repair of any problems covered by its warranty.
Do I Need To Go To Court To Have The Lemon Law Help Me?
No. In many cases, your vehicle’s manufacturer may offer a state-certified arbitration program that may assist you in resolving your dispute. If so:
- You must request arbitration to claim the benefits of the Lemon Law Presumption.
- You may accept or reject the arbitrator’s decision.
I Bought My Vehicle Used With No New Vehicle Warranty. Does California's Lemon Law Still Apply To My Vehicle?
No. The Lemon Law applies only to disputes involving the manufacturer’s new vehicle warranty.
Does Missouri Lemon Law Apply To My Vehicle?
The Missouri lemon law covers any new motor vehicle being transferred for the first time from a manufacturer, distributor or new vehicle dealer; that has not been registered or titled in the state or any other state; and that is offered for sale. This includes demonstrators or lease-purchase vehicles as long as a manufacturer’s warranty was issued as a condition of sale. The lemon law does not cover used vehicles, and appears not to cover leased vehicles unless acquired through a lease-purchase. The lemon law does not cover commercial motor vehicles, off-road vehicles, mopeds, motorcycles, and recreational motor vehicles other than the chassis, engine, powertrain and component parts.
What If The Manufacturer Or Dealer Cannot Fix My Vehicle?
If the manufacturer or dealer is unable to repair a serious warranty defect in your vehicle after a “reasonable” number of attempts, the manufacturer must either:
- Replace the vehicle.
- Refund its purchase price (whichever you prefer).
What Is A "Reasonable" Number Of Repair Attempts?
The Missouri lemon law establishes a presumption that a reasonable number of repair attempts has been undertaken to conform a new motor vehicle to the applicable express warranties if, within the express warranty term or during the period of one year following the date of the new motor vehicle’s original delivery to a consumer, whichever expires earlier, either of the following occurs:
1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents, and the nonconformity continues to exist; or
2. The new motor vehicle is out of service by reason of repair of the nonconformity by the manufacturer, its agents or authorized dealer for a cumulative total of 30 or more working days, exclusive of down time for routine maintenance as prescribed by the manufacturer.
The 30-day period may be extended by a period of time during which repair services are not available to the consumer because of conditions beyond the control of the manufacturer or its agents. The term of the express warranty or the one year period following the date of the new motor vehicle’s original delivery to a consumer, whichever expires earlier, may be extended if the nonconformity has been reported but has not been repaired by the manufacturer or its agent by the expiration of the applicable time period.
Do I Need To Go To Court To Have The Lemon Law Help Me?
No. In many cases, your vehicle’s manufacturer may offer a state-certified arbitration program that may assist you in resolving your dispute. If so:
- You must request arbitration to claim the benefits of the Lemon Law Presumption.
- You may accept or reject the arbitrator’s decision.
I Bought My Vehicle Used With No New Vehicle Warranty. Does Missouri's Lemon Law Still Apply To My Vehicle?
No. The Lemon Law applies only to disputes involving the manufacturer’s new vehicle warranty.
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