All 50 State Lemon Laws

State Lemon Laws

Arizona Lemon Law- Arizona Motor Vehicle Warranties Act

Many people mistakenly think that when their new cars have repairs made under warranty for “free” there is no violation of the law.  Arizona law says otherwise.  Arizona law protects consumers whose car's use and value has been negatively affected by the car's defects.  A buyer is entitled to Lemon Law protection when the number of repairs or time his or her car has been in the shop is unreasonable or untimely.  It is presumed that a manufacturer has had a reasonable opportunity to repair a vehicle when there have been four or more repairs for the same issue, or if the vehicle has been out of service for 30 or more days as a result of repairs (regardless of whether the issue is the same).  However, this is just a legal presumption added to help consumers, it is not a barrier; a consumer may still have a valid Lemon Law case even if the car does not have this number of repairs or time out of service. 

You may be entitled to a refund (minus a reasonable usage fee), replacement of the "Lemon," and to recover attorneys’ fees from the car’s manufacturer.  Pryor, Ramirez & Amar may also be able to negotiate a cash settlement in the alternative. These remedies and recoveries are available regardless of whether the repairs were “free” under the vehicle's warranty.

If you feel like you've suffered enough because of your defective vehicle please submit the information requested in our FREE CASE REVIEW.


California Lemon Law- The Song-Beverly Consumer Warranty Act

The Song-Beverly Consumer Warranty Act provides protection for consumers who lease or buy new motor vehicles; there are also some protections for purchasers of used vehicles that are still under the manufacturer's warranty. The law requires that if the manufacturer or its representative, such as an authorized dealer, is unable to cure the defects or repair a new motor vehicle after a reasonable number of repair attempts (even if the previous repairs have been performed free of charge), the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer.

The law applies for the entire period of your warranty. For example, if your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to try to resolve the problem fairly and quickly without having to file a lawsuit if possible.

You may be entitled to a refund (minus a reasonable usage fee), replacement of the "Lemon," and to recover attorneys’ fees from the car’s manufacturer.  Pryor, Ramirez & Amar may also be able to negotiate a cash settlement in the alternative. These remedies and recoveries are available regardless of whether the repairs were “free” under the vehicle's warranty.

If you feel like you've suffered enough because of your defective vehicle please submit the information requested in our FREE CASE REVIEW.

New Jersey Lemon Law-

The New Jersey Lemon Law assists consumers when they purchase a new motor vehicle that develops repeated defects or lengthy unusable periods during the first two years or 18,000 miles (whichever comes first). The intent of the law is to require the manufacturer of a new motor vehicle to correct defects within a reasonable time.

A new motor vehicle is presumed to be a lemon if it has one or more defects that continue to exist after three attempts at repairs, OR after the vehicle has been out of service for a total of 20 cumulative calendar days. However, this is only a legal presumption provided to assist consumers, not a barrier; a consumer may still have a valid Lemon Law case even if the car does not have this number of repairs or time out of service. 

You may be entitled to a refund (minus a reasonable usage fee), replacement of the "Lemon," and to recover attorneys’ fees from the car’s manufacturer.  Pryor, Ramirez & Amar may also be able to negotiate a cash settlement in the alternative. These remedies and recoveries are available regardless of whether the repairs were “free” under the vehicle's warranty.

If you feel like you've suffered enough because of your defective vehicle please submit the information requested in our FREE CASE REVIEW.

Texas Lemon Law-

The term "Lemon Law" in Texas is generally used to describe an administrative proceeding of the Texas Department of Transportation.  The proceeding contains many rules and requirements that consumers must follow and often times may not provide consumers with the simple and effective relief they seek from their Lemon Vehicles.

Fortunately, there are other Texas laws which allow a buyer of a defective vehicle to make an effective claim against a manufacturer or dealership.  These laws may be used by buyers to be rid of their defective Lemon Vehicles or obtain monetary compensation. Pryor, Ramirez & Amar can evaluate your situation, and using the available laws below, make the most powerful claim possible on your behalf.  The key to these laws is the extent of the defects in the vehicle (i.e. how many times the vehicle has been to the repair shop or how long the vehicle has been in the repair shop as a result of all the attempted repairs).

Deceptive Trade Practices Act- Under the Texas Deceptive Trade Practices Act (DTPA) buyers of defective vehicles may be able to recover monetary damages from a manufacturer or dealership.  The DTPA is an effective tool for buyers who did not get what they paid for when purchasing (or leasing) a new vehicle to assert their rights. 

Texas Uniform Commercial Code (Business and Commerce Code) - Under the Texas Uniform Commercial Code a buyer may be able to undo the sales transaction and return a defective vehicle.

Magnuson Moss Warranty Act- the Magnuson Moss Warranty Act is a federal warranty law which Texas consumers may use in order to obtain recovery for their defective vehicles.

Under Texas and federal law you may be able to obtain a refund and recover attorneys’ fees.  Pryor, Ramirez & Amar may also be able to negotiate a cash settlement in the alternative. These remedies and recoveries are available regardless of whether the repairs were “free” under the vehicle's warranty.

If you feel like you've suffered enough because of your defective vehicle please submit the information requested in our FREE CASE REVIEW.

 *Disclaimer-- The summary of Lemon Laws and links provided are meant for informational/educational purposes and do not constitute legal advice.  Although our case review is free and most warranty cases are resolved out of court without any expense to the client, please be advised court filing fees may be required if a case is pursued in court. Please contact Pryor, Ramirez & Amar, LLC for additional pertinent information and details about your rights. (Sources used: California Office of Attorney General http://www.ag.ca.gov/consumers/general/lemon.php; NJ Division of Consumer Affairs http://www.state.nj.us/oag/ca/ocp/lemguide.htm#lemguide.htm2)

 

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