When it comes to purchasing a new or used vehicle, few things are more frustrating than realizing that your car might be a “lemon”—a vehicle that has significant defects affecting its usability, safety, or value. Thankfully, lemon laws exist to protect consumers and ensure that they aren’t stuck with faulty vehicles. However, despite the existence of these laws, there are several misconceptions about lemon law that could prevent you from fully understanding your rights.
In this blog, we’ll bust 5 common myths about lemon law that you shouldn’t believe, so you can make informed decisions if you ever find yourself dealing with a defective vehicle.
Myth #1: Lemon Law Only Applies to New Cars
Fact: One of the biggest myths about lemon law is that it only applies to new cars. While lemon laws are often associated with brand-new vehicles, many states also extend lemon law protections to used cars, as long as the vehicle meets certain criteria.
In general, if a used car is still under the original manufacturer’s warranty and has substantial defects that significantly impair its use, safety, or value, it could still be covered under lemon law. In some states, certified pre-owned (CPO) cars may also qualify for lemon law protection.
So, if you purchased a used car that has persistent issues that can’t be fixed, don’t assume you’re out of luck—lemon law might still apply.
Myth #2: You Need to Give the Dealer or Manufacturer Three Chances to Fix the Issue
Fact: While it’s true that lemon laws often require a certain number of repair attempts, the number of chances the manufacturer or dealer has to fix the issue may not always be three. The number of repair attempts required can vary by state and the specific circumstances of the defect.
In many states, if the defect is a safety issue or causes the car to be out of service for a certain period, you may not need to wait for multiple repair attempts before filing a lemon law claim. Some laws allow for a single attempt if the defect is severe enough (such as engine failure or faulty brakes). Additionally, if the car has been in the shop for an extended period, this could qualify as a reasonable opportunity for the dealer to make repairs.
It’s important to familiarize yourself with your state’s specific lemon law requirements and consult with a lawyer if you’re unsure how many repair attempts are needed.
Myth #3: Lemon Laws Only Apply to Major Mechanical Issues
Fact: While major mechanical problems—like engine failure or transmission issues—are common reasons for a lemon law claim, the law can also apply to a wide range of defects that significantly affect the vehicle’s performance, safety, or value.
This could include:
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Electrical issues (e.g., malfunctioning lights, air conditioning, or dashboard)
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Persistent brake or steering problems
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Defective airbags
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Software or connectivity issues in modern cars
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Recurrent problems with the car’s transmission or suspension
If a defect, regardless of its size, impairs the car’s use or safety, it could still meet the criteria for a lemon. The key is whether the issue prevents the car from functioning as expected or poses a risk to the driver and passengers.
Myth #4: Lemon Law Claims Are Always Time-Consuming and Expensive
Fact: Many people avoid pursuing lemon law claims because they believe the process is long, complicated, and costly. While lemon law claims can sometimes take time to resolve, they are often more straightforward than people think, and the cost of pursuing such a claim is typically low.
In fact, in most cases, consumers do not need to pay legal fees upfront. Many lemon law attorneys work on a contingency fee basis, meaning they only get paid if they win the case. Additionally, if you win your lemon law case, the manufacturer or dealer is often required to pay your legal fees and court costs.
While the process can vary depending on the complexity of the case and the state laws, many lemon law claims are resolved efficiently, and you may not have to pay anything out of pocket.
Myth #5: You Can’t Get a Refund, Only a Replacement
Fact: Another common myth is that if your car is a lemon, you can only receive a replacement vehicle, not a refund. While some lemon law claims result in a replacement vehicle, many lemon laws also entitle consumers to a refund of the purchase price or lease payments, minus any mileage or usage fees.
If your vehicle has been deemed a lemon, you may be eligible for a refund for the price of the car, including taxes, registration fees, and other expenses. Alternatively, if you prefer, you may receive a replacement vehicle of equal value. It’s up to you to decide which option works best for your situation.
Conclusion: Know Your Rights Under Lemon Law
Understanding lemon law can be confusing, especially with all the myths floating around. However, knowing the facts can help you make informed decisions if you find yourself stuck with a defective vehicle. If you suspect your car is a lemon, don’t hesitate to consult with a lemon law attorney who can guide you through the process and help you get the compensation or replacement you deserve.
Remember, lemon laws are there to protect consumers from faulty vehicles, and you don’t have to suffer through endless repairs or unsafe driving conditions. Armed with the right knowledge, you can take action to ensure your rights are protected and that you get the resolution you deserve.