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.