Lemon Law Explained: Consumer Rights for Defective Vehicles

Technically, lemon law is a statutory remedy that mandates manufacturers to either replace a defective vehicle or refund the purchase price if the vehicle cannot be repaired within a specific timeframe or number of attempts. It primarily targets "substantial impairments" to the vehicle's use, value, or safety.

The core purpose of these statutes is to provide a "safety valve" for the marketplace. Without a lemon law claim mechanism, consumers would be stuck with "un-fixable" vehicles and ongoing debt. SJKP LLP deconstructs the manufacturer’s defense to prove that a vehicle has failed its fundamental purpose, moving the dispute from a service center back into the legal theater of accountability.

The most robust protections apply to new vehicles still covered under the original manufacturer’s warranty. This includes passenger cars, SUVs, and light trucks.

• Leased Vehicles: 

Most modern defective vehicle laws treat lessees exactly like purchasers, granting them the same rights to refunds or replacements.

• Used Vehicles: 

Coverage for used cars is more restrictive. Generally, the vehicle must still be under the original manufacturer’s warranty, or the defect must have been reported during that warranty period.

Not every vehicle qualifies for a lemon law claim. Common exclusions include:

Vehicles used primarily for business (subject to weight limits).

Motorcycles and off-road vehicles (in certain states).

Defects caused by owner abuse, neglect, or unauthorized modifications.

Any failure in the braking system, steering assembly, or airbag deployment is a "high-priority" defect. In these cases, the law often requires fewer repair attempts before the vehicle is declared a lemon.

With the rise of EVs in 2026, complex software glitches and battery thermal management issues have become the new frontier of consumer protection for defective cars. If a vehicle repeatedly fails to start, stalls in traffic, or suffers from chronic transmission slips, it likely qualifies.

The hallmark of a lemon is the "revolving door" at the dealership. SJKP LLP performs a forensic audit of your service records to identify patterns of failure that the manufacturer tries to dismiss as "normal operation."

Generally, if the manufacturer fails to fix the same substantial defect after a specific number of attempts (typically four), the law presumes the vehicle is a lemon. For life-threatening safety defects, this requirement may drop to as few as two attempts.

Even if the dealer is working on a different issue every time, you may still have a claim if the vehicle is out of service for a cumulative period (often 30 days) within the first year or 12,000 to 18,000 miles.

The process begins with providing the manufacturer (not just the dealer) a final opportunity to repair. SJKP LLP ensures this notice is served with clinical accuracy to prevent the manufacturer from claiming they "didn't know" about the severity of the issue.

Manufacturers often attempt to push consumers into "informal arbitration." While these programs are marketed as fast, they often favor the automaker. We navigate these forums to ensure your evidence is not suppressed.

If the manufacturer refuses a fair buyback, the case moves to litigation. Because most lemon laws include an "Attorney’s Fee-Shifting" provision, the manufacturer may be required to pay your legal costs if you win, making high-level representation accessible.