Consumer protection

Lemon law

State laws that give buyers of defective new vehicles a refund or replacement when the maker cannot fix a serious problem after a set number of repair tries.

Also called: lemon laws, new car lemon law, vehicle buyback law

Definition

State laws that give buyers of defective new vehicles a refund or replacement when the maker cannot fix a serious problem after a set number of repair tries.

What it means

A lemon law is a state law that protects people who buy or lease a new vehicle with a serious defect that the manufacturer cannot fix. Some states also cover used vehicles. If the problem remains after a reasonable number of repair attempts, or the vehicle spends too long in the shop, you are entitled to a refund or a replacement. Every state has one, but the rules differ on which vehicles are covered, how long coverage lasts, and how you enforce your rights.

Most laws use a test built on repair attempts, days out of service, and a time or mileage window. California presumes a vehicle is a lemon if the problem first appears within 18 months or 18,000 miles. It also requires one of three things: four or more repairs for the same problem, two repairs for a safety defect, or more than 30 days out of service. New York covers vehicles bought or leased within 18,000 miles or two years of delivery. It looks for four or more repair attempts or 30 or more days out of service.

A lemon law claim is usually about one vehicle. A class action is about a defect shared by many.

What it means for you

A lemon law claim is personal and time sensitive. Keep every repair order, because it shows dates, mileage and the problem described. Give the manufacturer written notice if your state or warranty requires it. Time limits differ by state, so check your state attorney general's page soon. Lemon laws are separate from recalls and from class action settlements over a defect. A settlement might reimburse some repair costs, but it usually will not replace your car. A lemon law case seeks a buyback or replacement.

Example

Say you buy a hypothetical new SUV with a transmission that shudders. In its first year you take it to the dealer four times for the same problem, and each repair order records it. It then spends more than 30 days in the shop. Depending on your state, that history may qualify the SUV as a lemon, and the manufacturer may owe a repurchase or replacement. If instead the defect is shared by thousands of owners, a class action settlement might offer repairs or reimbursement.

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FAQ

It depends on your state. Laws usually look at the number of repair attempts for the same problem, the days the vehicle was out of service, and a time or mileage window. In California, for example, a presumption can arise after four or more attempts for the same problem, two for a safety defect, or more than 30 days in the shop, within 18 months or 18,000 miles.

Sometimes. California covers used vehicles sold with a new-car warranty, and New York covers many used cars that meet its rules. Check your state's law and keep your warranty paperwork.

Sources

Updated Oct 18, 2026. Plain-English definitions for general information — not legal or tax advice.

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