Lemon Law 101 - A Summer School Refresher |
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Paul Fleming
25 June 2009
School may be out for the Summer, but consumers Lemon Law rights never go on vacation. Car buyers should always be educated when it comes to their rights regarding the purchase of a vehicle. Many car buyers that encounter problems with their vehicles want to know whether they fall under their State's Lemon Law. To assist those consumers located in the Northeastern United States, we offer a brief Lemon Law 101 refresher course:
Pennsylvania Lemon Law: The first occurrence of the problem must occur in first 12 months or 12,000 miles, whichever comes first. The problem must occur three or more times while under warranty OR the car is in the shop 30 or more days within the first year, and those days do not have to be consecutive. The car must be purchased (or leased) and registered in PA. Motorcycles are not covered under PA Lemon Law, but they are covered under the Federal Magnuson Moss Warranty Act.
New Jersey Lemon Law: The first occurrence of the problem must occur within 24 months of purchase or 18,000 miles, which ever comes first. The problem must occur three or more times while under warranty OR the car is in the shop for 20 days in the first 24 months/18,000 miles; they do not have to be consecutive. Motorcycles are covered under NJ Lemon Law. Vehicle can be purchased, leased or registered in New Jersey.
Delaware Lemon Law: The first occurrence of the problem must occur within the first year of ownership. The problem must occur four or more times while under warranty OR the car is in the shop for 30 or more BUSINESS days within the first year. The vehicle must have been purchased, leased or registered in Delaware. Motorcycles are not covered under DE Lemon Law, but they are covered under the Federal Magnuson Moss Warranty Act.
Maryland Lemon Law: The first occurrence of the problem must be within the first 15 months or 15,000 miles of ownership. Problem must occur four or more times while under warranty OR the car is in the shop 30 or more days in the first 15 months. The vehicle must be purchased or leased in Maryland. Motorcycles are covered. Commercial trucks under one ton are also covered.
Massachusetts Lemon Law: The first occurrence of the problem must occur within the first year or 15,000 miles whichever comes first. The problem must occur three or more times while under warranty OR the car is in the shop 15 BUSINESS days within the first year. Motorcycles are not covered under MA Lemon Law, but they are covered under the Federal Magnuson Moss Warranty Act.
Ohio Lemon Law: The first occurrence of the problem must occur within the first year or 18,000 miles, whichever comes first. The problem must occur three or more times while under warranty, OR eight problems must occur, OR the vehicle must be in the shop for 30 or more days within the first year. Motorcycles are covered under the OH Lemon Law.
Connecticut Lemon Law: The first occurrence of the problem must occur within the first 24 months or 18,000 miles of ownership, whichever comes first and can continue 4x throughout the original and/or extended manufacturers warranty period. Connecticut's Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first 18,000 miles or 24 months (whichever comes first); these days must not be consecutive. Motorcycles are covered.
New York Lemon Law: First problem must first occur within the first 24 months or 18,000 miles, whichever comes first and occur 4 times. The New York Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year. Motorcycles are covered.
New Hampshire Lemon Law: Vehicles purchased or leased in NH with a gross weight of under 9000 pounds, that suffer a problem that cannot be repaired after three attempts by an authorized manufacturer's dealership. This nonconformity must occur within the warranty period. The New Hampshire Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more business days during the express warranty period. Motorcycles are covered.
Under State Lemon Laws, vehicle owners may be entitled to one of the following three possible remedies:
1. A New Vehicle using a MSRP TO MSRP swap. MSRP stands for manufacturers suggested retail price. Vehicle owners receive a credit for the MSRP of the car, which can be applied to the purchase of any new car from the same manufacturer. If the vehicle owner is interested in the same care, there should be little or no additional cost. Essentially, this is a trade without depreciation and the owner is provided a new vehicle with the same amount of equity as your old vehicle.
2. A full refund, including finance charges, taxes, tags, down payment trade in value minus a small mileage offset (When it comes to offsets, each state is different. The car is returned, it is branded a lemon and the owner is absolved of any responsibility. )
3. Compensation for the diminished value of the car. Essentially, the vehicle owner is compensated for breach of warranty, since the issue has not been fixed as required by the warranty. If compensation is provided, the vehicle owner keeps the car, the car is not branded in any way and the warranty remains completely in effect. The vehicle owner is not required to disclose the receipt of this payment at time of sale. Furthermore, even if the car is fixed, the owner may stil be entitled to compensation.
If a car buyer finds that they are not covered by their State's Lemon Law, it does not mean that they are without recourse. If the same problem has occurred three time while under manufacturer's warranty (four times in Maryland), a claim can still be made under the Magnuson Moss Warranty Act. This applies to cars that were either purchased used, or the first problem fell outside the requirements of the State Lemon Law.
In conclusion, consumers must remain vigilant in order to protect their rights, even in the dog days of summer. Car buyers that encounter repeated problems for the same issue have alternatives to endless repairs, lost productivity and frustration in the form of State Lemon Laws and the Federal Magnuson Moss Warranty Act. Should car buyers find themselves in this unenviable position, the best choice may be to speak with a qualified lemon law attorney to determine how the car buyer can protect their rights.