Criteria for the lemon law

There is a widespread practice among attorneys of filing lemon law cases that do not meet the correct criteria. They regularly bring cases that for instance do not meet the mileage or repair conditions that are required in lemon law. It is therefore important to seek appropriate advice from an experienced lemon law attorney before filing a suit. Each of the fifty states across America has their own lemon law statutes in addition to the federal legislation (which includes the Magnuson-Moss Warranty Act and the Uniform Commercial Code) and the criteria for each of those states may differ. Below is an overview of the criteria for lemon law for a cross-section of some states.

Alaska

For you to be able to bring a competent case in Alaska, you have to attempt three unsuccessful repairs or went for 30 days without service for a car with one year warranty or less. The state requires a written notice by certified mail to the manufacturer or dealer notifying of the failure on their part to deal with the problem after a number of attempts. The notice also would contain a demand that the manufacturer or dealer should furnish a replacement or refund the purchase price within 60 days, after which the manufacturer will have 30 days to attempt a final repair.

California

In California, the automobile has to be repaired for at least 4 times or 30 days out of service. In counting the number of days, they don’t have to be consecutive, and this has to be within 18 months or 18,000 miles, or a reasonable number of attempts during the period of warranty. Before filing, a written notice to the manufacturer and a delivery of the automobile for repair has to be done within 30 days. As from 2001, only two attempts are needed for safety defects that are likely to cause death or serious bodily injury.

Georgia

A vehicle has to have undergone 3 attempts of repair or 30 days without service (this time they have to be consecutive) within 24,000 miles or for a period of 24 months in Georgia. One unsuccessful attempt of repair for a serious defect involving braking or steering system within a period of one year or within 12,000 miles can also suffice. One has to notify the manufacturer/dealer using a certified mail, which should include a return receipt. The manufacturer or dealer then has seven days to notify the customer of the repair facility, which in turn has 14 days to carry out the repair.

Iowa

In the state of Iowa, a vehicle has to have undergone 3 unsuccessful attempts. In the alternative, one unsuccessful repair for a defect that can potentially cause death or serious bodily injury, or 30 consecutive days without service within two years or 24000 miles. A written notice by certified registered mail is required, and the manufacturer is given one more opportunity to repair the defect within 10 days of the receipt of the notice.

As may be seen, the criteria differ, albeit slightly from state to state. It should be also pointed out that each state has an arbitration mechanism. Arbitration is not mandatory in many cases, and in some cases may be undesirable.