In California, lemon laws cover anything mechanical, as do the federal lemon laws. The federal lemon law also provides that the warranter may be obligated to pay the prevailing party's attorney fees in a successful lemon law suit, as do most state lemon laws.
Warranty Overview
At the core of most lemon laws is the manufacturer's breach of warranty. A manufacturer's warranty is what makes the manufacturer legally responsible for repairs to the consumer's vehicle or good. It is a form of guarantee. An express warranty is typically a written warranty. An implied warranty unlike an express warranty, is not written. The law imposes these obligations on the manufacturer, the seller or both as a matter of public policy. These vary from state to state.
Used car purchases
If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:
Situation #1: Under Warranty
You may be entitled to compensation for breach of warranty if you had one of the following warranties:
Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with fewer than 36,000 miles will have this, unless the duration has ended. But if the warranty is longer, you may have even more time).
Your vehicle was "Certified" by the manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
You purchased an Extended Warranty backed by the manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer's Warranty Exists
If you do not have a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle.
Prior history of mechanical problems known to the seller: Laundered Lemon.
Previously salvaged or wrecked.
Fraudulently rolled back odometer.
Rental car, police car, taxi, or similar.
Stolen, stripped and rebuilt.
Involved in a flood.
Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Lemon Laws in a particular state should be obtained from an attorney practicing in that state.
"As is" purchases
Knowingly purchasing a car in "as is" condition does not void the buyer's rights under applicable lemon laws.[citation needed]
Other lemon laws
Lemon laws are not limited to cars. There are RV, boat, motorcycle, and wheelchair lemon laws.
In popular cultureThe character Barney Stinson from the TV series How I Met Your Mother introduced a concept of a Lemon Law for Blind Dates.
Canada
The Canadian Motor Vehicle Arbitration Plan Canada - Canadian Motor Vehicle Arbitration Plan is the dispute resolution program for consumers in Canada that have problems with the assembly of their vehicle or with how the manufacturer implements its new vehicle warranty. CAMVAP covers new or used owned or leased vehicles that are from the current model year and up to an additional four model years old.
CAMVAP is an arbitration program. It is free to consumers. Hearings are held in the consumer's home community. The process normally takes less than 70 days from start to finish. Most consumers are able to handle their own case without the assistance of lawyers. The manufacturers do not use lawyers. Their representatives usually are serving or retired district parts and services representatives. An inspection of the vehicle normally is part of an arbitration hearing and the arbitrator can order a technical inspection of the vehicle at the program's expense if doing so is required.
CAMVAP arbitrators can order the manufacturer to buyback the vehicle; repair it at the manufacturer's expense; pay for repairs already completed; pay out of pocket expenses for items such as towing, diagnostic testing, rental cars and accommodation related to the problem with the vehicle. The arbitrator can also order that the manufacturer has no liability.
CAMVAP is available in every Canadian Province and Territory.
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Wisconsin Lemon Law
Wisconsin Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Wisconsin consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer appliances and products. To qualify under the Wisconsin Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer’s factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. If you think you qualify for a Lemon Law, click here for a free Wisconsin Lemon Law case review or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
What is a Lemon?
A new vehicle, no more than a year old and still under warranty, is a lemon if it has a serious defect the dealer can't fix in four tries, or if it has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive).
What is a defect?
A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.
What vehicles are covered?
The law covers any new car, truck, motorcycle or motor home you buy or lease in Wisconsin, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle, but does not cover other used vehicles. The law also does not cover mopeds or trailers.
How long are you covered?
The Lemon Law includes no deadline for filing a Lemon Law suit; a court would decide if your case were too old. Some attorneys maintain that the limit would be six or seven years after purchase; however, some attorneys may be reluctant to handle cases over four years old.
Is my vehicle a lemon?
Your vehicle is a lemon if all of the following statements are true:
You bought or leased a vehicle in Wisconsin.
The vehicle is a car, truck, motorcycle or motor home.
The vehicle developed a defect or defects during its first year and before the warranty expired.
The defect seriously harms the vehicle's use, value or safety.
One of the following happened during the vehicle's first year and before the warranty expired:
The dealer failed four times to fix the same defect; OR
The vehicle was out of service for 30 days or more due or more defects
What should a lemon owner do?
Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.
We suggest you use WisDot's Motor Vehicle Lemon Law Notice Form to ask the manufacturer for a refund or replacement vehicle. Send the form to the manufacturer at the address in your owners manual. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.
Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082, or at (608) 257-4666. Or visit WisBar Lawyer Referral and Information Service.
Who can I call for help?Wisconsin Department of Transportation's Dealer Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. Contact the Dealer Section if you have a complaint against a dealer or manufacturer.
The Dealer Section won't resolve your Lemon Law complaint for you, but it will give you more information about using your Lemon Law rights.
Dealer Section
Wisconsin Department of Transportation
P. O. Box 7909
Madison, Wisconsin 53707-7909
(608) 266-1425
Wisconsin Department of Transportation
P. O. Box 7909
Madison, Wisconsin 53707-7909
(608) 266-1425
Manufacturer arbitration programs
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