lemon law

Primary tabs

Lemon laws are statutes adopted in some states to make it easier for a buyer of a new, or in some jurisdictions new or used, vehicle to sue for damages or replacement if the dealer or manufacturer cannot make it run properly after a reasonable number of attempts to fix the car. For example, California’s lemon law, Cal. Civ. Code § 1793.22, clarifies that a “reasonable number of attempts” shall be presumed to have been made if “(1) [t]he same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer. . .; (2) [t]he same nonconformity has been subject to repair four or more times by the manufacturer. . .; (3) [t]he vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer.” Similarly, New York’s lemon law provides a legal remedy for new or used cars that have material defects. New York defines a reasonable number attempts as either four or more attempts to repair or if the car is out of service for 30 or more days because of repairs.

[Last updated in December of 2020 by the Wex Definitions Team]