Buying a new car should be an exciting experience, but what happens when the vehicle you’ve just purchased is riddled with defects that affect its safety, performance, or overall value? Fortunately, lemon laws are in place to protect consumers like you. However, despite their importance, many myths and misconceptions surround these laws, leaving car owners uncertain about their rights and how to seek recourse.
In this blog, we’ll debunk some of the most common lemon law myths and provide you with the essential information every car owner should know. Understanding lemon laws can help you make informed decisions and ensure that you receive the protection you’re entitled to when your vehicle doesn’t live up to expectations.
1. Myth 1: Lemon Laws Only Apply to New Cars
One of the most widespread myths is that lemon laws only apply to new cars. While lemon laws primarily protect consumers who purchase new vehicles, some states offer protections for used cars as well. The specifics vary depending on the state, but in many cases, used vehicles that are still under warranty or have been sold with certain conditions (like certified pre-owned cars) may qualify for lemon law protection if they have significant defects.
If you’ve purchased a used vehicle, it’s important to check the specifics of your state’s lemon law to determine whether it applies. Keep in mind that the car’s condition, the warranty, and the defect’s severity are factors that can determine eligibility.
2. Myth 2: The Car Needs to Be in the Shop for a Long Time to Qualify as a Lemon
Another common misconception is that your car must spend an extensive amount of time in the shop before it can qualify as a lemon. In reality, lemon laws typically require a vehicle to undergo a certain number of repair attempts within a specific time frame or mileage threshold (usually three to four repair attempts or within the first year or 12,000 to 24,000 miles, depending on the state).
The key factor is that the defect must significantly impact the car’s use, value, or safety. If the same issue cannot be resolved despite several attempts or the car is out of service for a significant period, it could qualify under lemon laws—even if it doesn’t spend months in the shop.
3. Myth 3: Lemon Laws Only Cover Major Mechanical Failures
Lemon laws are designed to cover significant defects, but that doesn’t necessarily mean the issue has to be related to the engine or transmission. Many consumers believe that only major mechanical failures—like engine breakdowns or transmission failure—qualify for lemon law claims. In reality, lemon laws can cover a wide range of defects that significantly affect the vehicle’s use, safety, or value.
Common issues that may qualify under lemon laws include:
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Defective airbags
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Faulty brakes
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Problems with the electrical system
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Persistent issues with the car’s steering or suspension
If any defect creates a serious safety concern or makes the vehicle unsafe to drive, it may qualify for protection under lemon laws, regardless of whether it’s a “major” mechanical failure.
4. Myth 4: You Have to Take Legal Action Immediately After Identifying a Problem
While lemon laws allow consumers to seek remedies for defective vehicles, there’s no need to rush into legal action right away. Many people believe that once they realize their car might be a lemon, they must immediately seek legal help. However, lemon laws generally provide a reasonable period for the car owner to allow the manufacturer or dealer to attempt repairs.
In most cases, the car owner needs to give the dealer or manufacturer a reasonable number of attempts to fix the problem before filing a lemon law claim. You can document the repairs and communication with the dealer, which will help build your case. However, if the issue persists after the required number of repair attempts or the vehicle has been out of service for a substantial amount of time, you can then proceed with a lemon law claim.
5. Myth 5: If You Buy a Lemon, You Can’t Get a Refund or Replacement
A common fear among car buyers is that they’ll be stuck with a defective vehicle, unable to get a refund or replacement under lemon laws. Fortunately, this is not the case. Lemon laws provide several remedies, including a replacement vehicle or a full refund, depending on the circumstances.
If your car is deemed a lemon, the manufacturer is usually required to offer either:
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A replacement vehicle that’s of comparable value and condition, or
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A refund of the purchase price, which may also include additional costs like taxes, fees, and certain expenses related to the defect (such as towing or rental car costs).
The specific remedy you are entitled to will depend on the details of your case, including the state’s lemon law and the severity of the defect. The key point is that lemon laws are designed to protect you and ensure you are not left with a vehicle that doesn’t meet the manufacturer’s standards.
6. Myth 6: You Can Only File a Lemon Law Claim Once the Warranty Has Expired
Some car owners think that if the vehicle’s warranty has expired, they no longer have the option to file a lemon law claim. However, this is not true. The lemon law applies primarily during the warranty period or within a specified time frame or mileage limit, but even after the warranty has expired, the car may still be eligible for a claim if the defects persist or the vehicle is deemed unsafe to drive.
In some cases, if the defect is a recurring issue that was reported while the car was still under warranty, you may still have a valid lemon law claim even after the warranty period ends. It’s important to consult with a lemon law attorney to determine whether you’re eligible for protection.
7. Myth 7: Lemon Laws Only Apply to the Original Car Buyer
Many people assume that only the original purchaser of the car is eligible to file a lemon law claim, but lemon laws can extend to subsequent owners in some cases. For example, if you bought a used car that is still under warranty or has recurring defects that qualify as a lemon, you may be able to file a claim under lemon laws.
Different states have different provisions when it comes to second-hand buyers, so it’s essential to check the specific requirements in your area. Even if you’re not the original buyer, you may still be eligible for protection.
8. Myth 8: Lemon Laws Are Only for Cars, Not Other Vehicles
While the term “lemon law” is most commonly associated with cars, lemon laws can apply to other types of vehicles as well. Depending on the state, lemon laws may also cover:
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Motorcycles
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Boats
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RVs
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Trucks
If you purchase a defective vehicle that doesn’t meet the standards outlined by the manufacturer, lemon laws may apply regardless of whether it’s a car, motorcycle, or other type of motorized vehicle.
Conclusion
Lemon laws are designed to protect consumers from defective vehicles, but there are several myths surrounding these laws that can cause confusion. It’s essential for car buyers to fully understand their rights and what they’re entitled to if their vehicle turns out to be a lemon. By debunking these myths and understanding the facts, you can confidently take action if your car experiences significant defects.
If you believe your car is a lemon, it’s important to consult with a lemon law attorney who can help guide you through the process, ensure you’re following the correct procedures, and help you obtain the remedy you deserve. Whether it’s a refund or replacement vehicle, lemon laws exist to protect your rights as a consumer and ensure that you don’t get stuck with a defective car.