Lemon Laws: 50-State Survey

All too often, a consumer finds that their car contains a major defect. A distinctive type of consumer protection law called a “lemon law” may apply in this situation. Based on the warranties attached to a vehicle, a lemon law generally requires a manufacturer to repair a defect (“non-conformity”) covered by the law if it arises within a certain period. If a manufacturer cannot repair a defect, a consumer may be able to receive a replacement vehicle or a refund.

The scope of lemon laws varies by state. Someone who has found out that their vehicle contains a defect may want to know which types of consumers and vehicles are covered by the lemon law in their state. Click on a state below to find out more about these issues in that state, as well as the rules governing repairs, replacements, and refunds. For guidance tailored to your specific situation, you may want to consult a consumer lawyer who can explain how the nuances in these complex laws may affect you.

Alabama Lemon Law

Applicable statute: Alabama Code Section 8-20A-1 et seq.
Covered consumers: Purchasers (other than for resale) of a new or previously untitled motor vehicle substantially used for personal, family, or household purposes, or anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Self-propelled vehicles intended primarily for use and operation on public highways, but not motor homes or vehicles with a GVWR of 10,000 pounds or more

A non-conformity under the Alabama lemon law involves a condition that does not conform with the terms of an express warranty issued by the manufacturer to a consumer. The condition must significantly impair the use, value, or safety of the vehicle, and it must arise solely from the ordinary use of the vehicle. In other words, the law does not apply if the condition arises from a modification or alteration of the vehicle that the manufacturer did not authorize, or from a car accident or other damage to the vehicle after it was delivered by an authorized dealer to the consumer.

If a new vehicle does not conform to an applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer or its authorized dealer and gives notice of the non-conforming condition during the lemon law rights period, the manufacturer must make repairs to the vehicle as needed to fix the non-conforming condition. (The lemon law rights period is one year after the original delivery of the vehicle to a consumer, or 12,000 miles of operation if that is earlier.) Repairs may be required after the lemon law rights period if the consumer first gave notice of the non-conforming condition during the lemon law rights period, but the manufacturer’s duty to repair will not extend for more than 24 months after delivery of the vehicle, or 24,000 miles if that is earlier.

If, after reasonable attempts, the manufacturer or dealer cannot conform the vehicle to the express warranty by repairing or correcting a non-conforming condition that first occurred during the lemon law rights period, the manufacturer must replace the vehicle with a comparable new vehicle, or accept the return of the vehicle in exchange for a refund of certain specified costs. The consumer has the right to choose between these options. A reasonable allowance for the consumer’s use of the vehicle will be offset against any monetary recovery that they obtain.

Alaska Lemon Law

Applicable statute: Alaska Statutes Section 45.45.300 et seq.
Covered consumers: Purchasers (other than for resale) of new motor vehicles, or anyone to whom ownership of a motor vehicle is transferred in conformity with Alaska law
Covered vehicles: Self-propelled motor vehicles with four or more wheels that are normally used for personal, family, or household purposes and must be registered, but not tractors, farm vehicles, or vehicles designed primarily for off-road use

A non-conformity under the Alaska lemon law involves a defect or condition in a motor vehicle that was caused by a manufacturer, distributor, dealer, or repairing agent. The defect or condition must substantially impair the use or market value of the vehicle.

If a new vehicle does not conform to an express warranty, and the owner reports the defect or condition to the manufacturer or dealer during the term of the warranty, the manufacturer, distributor, dealer, or a repairing agent must make the repairs needed to conform the vehicle to the warranty.

A right of replacement or refund applies during the term of the warranty or within a year after the delivery of the vehicle to the original owner, whichever is earlier. If the manufacturer, distributor, dealer, or repairing agent cannot conform the vehicle to the warranty after a reasonable number of attempts, the manufacturer or distributor must accept the return of the vehicle and replace it with a new, comparable vehicle, or provide a refund of the full purchase price, subtracting a reasonable allowance for the use of the vehicle after its delivery to the original owner. The consumer has the right to choose between these options.

Arizona Lemon Law

Applicable statute: Arizona Revised Statutes Section 44-1261 et seq.
Covered consumers: Purchasers (other than for resale) of a motor vehicle, anyone to whom the vehicle is transferred during an express warranty, or anyone else who is entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Self-propelled vehicles designated primarily to transport people or property on public highways, but not motor vehicles with a declared gross weight over 10,000 pounds or sold at a public auction or to a purchaser for the purpose of resale for profit

A non-conformity under the Arizona lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and value of the vehicle to the consumer.

If a new vehicle does not conform to express warranties, the consumer must report the non-conformity to the manufacturer or its authorized dealer within the term of the warranty, within two years after the delivery of the vehicle, or within 24,000 miles of operation, whichever is earliest. The manufacturer or dealer must make the repairs needed to conform the vehicle to the warranties, even if the repairs are made after the term of the warranty, or the two-year period or 24,000-mile limit.

If the manufacturer or dealer cannot conform the vehicle to the warranty by repairing or correcting the defect or condition after a reasonable number of attempts, the manufacturer must replace the vehicle with a new vehicle or accept return of the vehicle in exchange for a refund of the full purchase price, subtracting a reasonable allowance for the consumer’s use of the vehicle.

Section 44-1267 provides certain rights to consumers with used vehicles.

Arkansas Lemon Law

Applicable statute: Arkansas Code Section 4-90-401 et seq.
Covered consumers: Purchasers or lessees (other than for purposes of lease or resale) of a new or previously untitled motor vehicle, or anyone else entitled to enforce the obligations of the warranty during the motor vehicle quality assurance period
Covered vehicles: Self-propelled vehicles licensed, purchased, or leased in Arkansas and primarily designed for the transportation of people or property over the public streets and highways, but not mopeds, motorcycles, the living facilities of a motor home, vehicles with a GVWR over 13,000 pounds, or vehicles with a GVWR over 10,000 pounds that were substantially altered after the initial sale

A non-conformity under the Arkansas lemon law involves any specific or generic defect or condition, or any combination of defects or conditions, if it substantially impairs the use, market value, or safety of a vehicle, or if it makes the vehicle non-conforming to the terms of an express warranty or an implied warranty of merchantability.

If a consumer reports a non-conformity to the manufacturer or authorized dealer during the motor vehicle quality assurance period, the manufacturer or dealer must make repairs as needed to correct the non-conformity, even if the repairs are made after the term of protection expires. (The motor vehicle quality assurance period lasts for 24 months after the original delivery of the vehicle to a consumer, or for the first 24,000 miles of operation by the consumer if that is later.)

If the manufacturer or dealer has not conformed the vehicle to the warranty by fixing a non-conformity that substantially impairs the vehicle after a reasonable number of attempts, the manufacturer has 40 days to replace the vehicle with another vehicle that is acceptable to the consumer, or repurchase the vehicle from the consumer and refund the full purchase price or lease price. The consumer has an unconditional right to choose between these options. If the consumer chooses the replacement option, they must pay a reasonable offset for their use of the vehicle. If they choose the refund option, the refund will be offset by their use of the vehicle and any damage to the vehicle while owned by the consumer.

California Lemon Law

Applicable statute: California Civil Code Section 1790 et seq. (especially Section 1793.2)
Covered consumers: Anyone who buys or leases a new vehicle from someone engaged in the business of manufacturing, distributing, selling, or leasing new vehicles at retail, anyone who leases a vehicle for a term longer than four months, and anyone to whom a vehicle is transferred during the period of a written warranty or who is entitled under applicable state law to enforce the obligations of the warranty
Covered vehicles: Vehicles bought or used primarily for personal, family, or household purposes, as well as vehicles with a GVW under 10,000 pounds that are bought or used primarily for business purposes by a person or entity to which no more than five vehicles are registered in California, but not including a motorcycle or a vehicle that is not registered under the Vehicle Code because it is intended to be used exclusively off the highways

A non-conformity under the California lemon law involves a non-conformity that substantially impairs the use, value, or safety of the vehicle to the person who owns or leases it.

When service and repair facilities are maintained in California, and service or repair is necessary because the vehicle does not conform with express warranties, service and repair must be conducted within a reasonable time by the manufacturer or its representative in California. The service or repair must conform the vehicle to the warranties within 30 days unless the consumer agrees otherwise.

If the manufacturer or its representative cannot service or repair the vehicle to conform to the express warranties after a reasonable number of attempts, the manufacturer must either promptly replace the vehicle or make restitution. The consumer has the right to choose restitution instead of replacement. If the vehicle is replaced, the manufacturer must provide a new vehicle that is substantially identical to the vehicle replaced. If the manufacturer provides restitution, this must account for the actual price paid or payable by the consumer, including collateral charges, plus incidental damages. If the manufacturer replaces the vehicle, the consumer must pay an amount directly attributable to their use of the defective vehicle before they first sent in the vehicle to fix the non-conformity. If the manufacturer pays restitution, this may be reduced by the same amount.

(The statute describes a consumer as a “buyer” but explicitly notes that this term covers lessees as well.)

Colorado Lemon Law

Applicable statute: Colorado Code Section 42-10-101 et seq.
Covered consumers: Purchases (other than for resale) of a motor vehicle normally used for personal, family, or household purposes, as well as anyone to whom a vehicle is transferred for those purposes during an express warranty for the vehicle, or anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Self-propelled private passenger vehicles (including pickup trucks and vans) that are designed primarily for travel on public highways, are used to carry no more than 10 people, and are sold to a consumer in Colorado, but not motor homes or vehicles designed to travel on three or fewer wheels

A non-conformity under the Colorado lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and market value or safety of the vehicle. A safety-based non-conformity is defined as a non-conformity that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, or that creates a risk of fire or explosion.

If a vehicle has a safety-based non-conformity or does not conform to a warranty, and the consumer reports the problem to the manufacturer or its authorized dealer within the first 24,000 miles of operation, or within two years after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranty. This remains true even if the repairs are made after the reporting period ends.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the defect or condition after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable vehicle, or accept return of the vehicle in exchange for a refund of the full purchase price, subtracting a reasonable allowance for the consumer’s use of the vehicle. The manufacturer can choose between these options.

Connecticut Lemon Law

Applicable statute: Connecticut General Statutes Section 42-179 et seq.
Covered consumers: Purchasers (other than for resale purposes) of a motor vehicle, a lessee of a vehicle, anyone to whom the vehicle is transferred during an express warranty, and anyone entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger motor vehicles, passenger and commercial motor vehicles, and motorcycles sold or leased in Connecticut

A non-conformity under the Connecticut lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use, safety, or value of the vehicle to the consumer.

If a new vehicle does not conform to express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer within two years after the original delivery of the vehicle to a consumer, or within its first 24,000 miles of operation if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranties. This remains true even if repairs are made after the applicable period ends.

If the manufacturer or dealer cannot conform the vehicle to an applicable warranty by fixing a defect or condition after a reasonable number of attempts, the manufacturer must replace the vehicle with a new vehicle that is acceptable to the consumer, or accept the return of the vehicle and refund the full contract price as well as certain other costs. A reasonable allowance for the consumer’s use of the vehicle will be subtracted from the refund.

Delaware Lemon Law

Applicable statute: 6 Delaware Code Section 5001 et seq.
Covered consumers: Purchasers (other than for resale) of a vehicle, anyone to whom a vehicle is transferred during an express warranty, or anyone entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger motor vehicles that are leased or bought in Delaware, or registered by the Delaware DMV, but not the living facilities of motor homes

A non-conformity under the Delaware lemon law involves a defect or condition that substantially impairs the use, value, or safety of a vehicle.

If a new vehicle does not conform to the express warranty, and the consumer reports the non-conformity to the manufacturer or its dealer during the warranty, or within one year after the original delivery of the vehicle to the consumer if that is earlier, the manufacturer or dealer must make the repairs needed to conform the vehicle to the warranty within a reasonable period of time. This remains true even if the repairs are made after the end of the warranty or the one-year period.

If the manufacturer or dealer does not conform the vehicle to the warranty by repairing the non-conformity after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable new vehicle that is acceptable to the consumer, or repurchase the vehicle from the consumer and refund the full purchase amount to the consumer. The consumer has an unqualified right to demand a refund instead of a replacement. A reasonable allowance for the consumer’s use of the vehicle will be subtracted from a refund, as well as a reasonable allowance for damage that did not arise from normal wear and tear or a non-conformity.

Florida Lemon Law

Applicable statute: Florida Statutes Section 681.10 et seq.
Covered consumers: Purchasers (other than for resale) or lessees of a vehicle primarily used for personal, family, or household purposes, anyone to whom the vehicle is transferred for the same purposes within 24 months after the original delivery of the vehicle to a consumer, or anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: New vehicles not propelled by muscular power that are sold in Florida to transport people or property, but not including off-road vehicles, motorcycles, mopeds, electric bicycles, living facilities of recreational vehicles, or trucks with a GVW over 10,000 pounds

A non-conformity under the Florida lemon law is a defect or condition that substantially impairs the use, value, or safety of a vehicle. However, this does not include a defect or condition resulting from an accident, or from the modification or alteration of the vehicle by anyone other than the manufacturer or its authorized service agent.

If a vehicle does not conform to the warranty, and the consumer first reports the problem to the manufacturer or its authorized service agent within 24 months after the original delivery of the vehicle to a consumer, the manufacturer or service agent must make the repairs needed to conform the vehicle to the warranty. This remains true even if the repairs are made after the 24-month period ends. The repairs must be made at no cost to the consumer if they are made during the term of the written express warranty.

If the manufacturer or service agent cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer has 40 days to repurchase the vehicle and refund the full purchase price to the consumer, or replace the vehicle with a replacement vehicle that is acceptable to the consumer. (The refund is calculated somewhat differently for leased vehicles.) The consumer has an unconditional right to choose a refund instead of a replacement. A reasonable offset for use will be subtracted from a refund, or the consumer must pay a reasonable offset for use if they get a replacement vehicle.

Georgia Lemon Law

Applicable statute: Georgia Code Section 10-1-780 et seq.
Covered consumers: People who purchase or lease a new motor vehicle for personal, family, or household use (but not for selling or leasing the vehicle), as well as people who purchase or lease 10 or fewer new motor vehicles per year for business purposes other than limousine rentals
Covered vehicles: Self-propelled vehicles primarily designed for transporting people or property over public highways and leased, purchased, or registered in Georgia by the consumer or lessor to whom the original motor vehicle title was issued without previously having been issued to anyone other than a new motor vehicle dealer, but not including motorcycles, golf carts, or trucks with a GVWR greater than 12,000 pounds, or a vehicle on which the title and other transfer documents show a used vehicle

A non-conformity under the Georgia lemon law involves a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle to the consumer or makes the vehicle non-conforming to a warranty. However, this does not include a defect, serious safety defect, or condition resulting from the unauthorized modification or alteration of the vehicle, or its abuse or neglect.

If a consumer reports a non-conformity during the lemon law rights period, the manufacturer or dealer will have a reasonable number of attempts to fix the non-conformity. (The lemon law rights period generally is the two-year period after the original delivery of the new motor vehicle to a consumer, or the first 24,000 miles of operation after delivery to the original consumer, whichever is shorter.) A manufacturer usually will have a final attempt to fix a non-conformity after the reasonable number of attempts is exhausted, although this requirement does not apply in some cases.

If the manufacturer cannot repair a non-conformity during the “final attempt” as defined by the statute, or if the vehicle has been out of service due to a repair of one or more non-conformities for 30 days during the lemon law rights period, the manufacturer must repurchase or replace the vehicle. The consumer has the right to choose between these options. The manufacturer has 20 days after receiving notice of the consumer’s choice to repurchase or replace the vehicle. If a consumer who purchased a vehicle chooses a refund, the manufacturer must pay them an amount equal to the purchase price plus collateral charges and incidental costs, subtracting a reasonable offset for the use of the vehicle. (The refund is calculated differently for consumers who have leased vehicles.)

Hawaii Lemon Law

Applicable statute: Hawaii Revised Statutes Section 481I-1 et seq.
Covered consumers: Purchasers (other than for resale) or lessees of a vehicle, anyone to whom the vehicle is transferred during the express warranty, and anyone else who is entitled to enforce the obligations of the warranty
Covered vehicles: Self-propelled vehicles primarily designed to transport people or property over public streets and highways and used primarily for personal, family, or household purposes, including motorcycles, but not including motor scooters, mopeds, or vehicles with a GVWR over 10,000 pounds

A non-conformity under the Hawaii lemon law involves a defect, malfunction, or condition that does not conform to the express warranty and substantially impairs the use, market value, or safety of a vehicle. However, this does not include a defect, malfunction, or condition resulting from an accident or from the modification or alteration of the vehicle by anyone other than the manufacturer, distributor, or authorized dealer.

If a vehicle does not conform to the express warranties, and the consumer reports the non-conformity in writing to the manufacturer, distributor, or dealer during the lemon law rights period, the manufacturer, distributor, or dealer must make repairs as needed to conform the vehicle to the warranties. This remains true even if the repairs are made after the end of the lemon law rights period, which is the shortest period among the term of the express warranty, the two-year period after the original delivery of the vehicle to a consumer, or the first 24,000 miles of its operation.

If the manufacturer, distributor, or dealer cannot conform the vehicle to the express warranty by fixing the defect or condition after a reasonable number of documented attempts, the manufacturer must provide the consumer with a replacement vehicle or accept the return of the vehicle in exchange for a refund of the full purchase price and related costs, subtracting a reasonable offset for the consumer’s use of the vehicle. (Distinctive rules apply to refunds for leased vehicles.) If the consumer gets a replacement vehicle, a reasonable offset will be made for the use of the vehicle, and an additional offset may be made for loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, but not resulting from the non-conformity. For either a replacement or a refund, an offset may be made for damage to the vehicle that is not attributable to normal wear and tear but did not result from the non-conformity.

Idaho Lemon Law

Applicable statute: Idaho Code Section 48-901 et seq.
Covered consumers: Purchasers or lessees (not for resale or sublease) of a new motor vehicle used for personal business use or for personal, family, or household purposes, as well as anyone to whom the vehicle is transferred for the same purposes during an express warranty
Covered vehicles: Motor vehicles that are sold or licensed in Idaho, but not motorcycles, farm tractors, trailers, or motor vehicles with a gross laden weight over 12,000 pounds

A non-conformity under the Idaho lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that impairs the use or market value of the vehicle to the consumer.

If a new vehicle does not conform to its express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the term of the warranties, within two years after the original delivery of the vehicle to a consumer, or within the first 24,000 miles of use, whichever is earliest, the manufacturer or dealer must make the repairs needed to conform the vehicle to the express warranties. This remains true even if the repairs are made after the warranty or the two-year period ends.

If the manufacturer or dealer cannot conform the vehicle to the express warranty by fixing the defect or condition after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable vehicle, or accept the return of the vehicle in exchange for a refund of the amount that the consumer paid for it. If the manufacturer offers a replacement vehicle, the consumer may reject this offer and demand a refund. The refund is capped at 105 percent of the manufacturer’s suggested retail price for the vehicle. A reasonable allowance for the consumer’s use of the vehicle, up to a certain cap, will be deducted from the refund.

A consumer who leases a vehicle is not entitled to a replacement if the leased vehicle must be returned. Instead, they are limited to a refund.

Illinois Lemon Law

Applicable statute: 815 Illinois Compiled Statutes Section 380/1 et seq.
Covered consumers: People who purchase (or lease for at least one year) a new vehicle for the purpose of transporting themselves and others and their personal property for primarily personal, household, or family purposes, in addition to various fire departments
Covered vehicles: Passenger cars, Second Division motor vehicles (as defined under 625 ILCS Section 5/1-146) with a weight under 8,000 pounds, various fire department vehicles, and recreational vehicles, but not camping trailers and travel trailers that do not qualify under the definition of used motor vehicles

A non-conformity under the Illinois lemon law involves the failure of a new vehicle to conform to express warranties that are applicable to the vehicle when the failure substantially impairs the use, market value, or safety of the vehicle.

If the seller of the vehicle cannot conform it to its express warranties after a reasonable number of attempts, the manufacturer must provide the consumer with a new vehicle of a similar model line (if available) or a comparable motor vehicle as a replacement, or accept the return of the vehicle in exchange for a refund of the full purchase price or lease cost. A reasonable allowance for consumer use of the vehicle will be subtracted from the refund.

Indiana Lemon Law

Applicable statute: Indiana Code Section 24-5-13-1 et seq.
Covered consumers: People who enter into an agreement or contract in Indiana (for purposes other than resale or sublease) for the transfer, lease, or purchase of a motor vehicle
Covered vehicles: Self-propelled vehicles with a declared GVW under 10,000 pounds that are sold to a buyer in Indiana who is registered in Indiana or a non-resident, intended primarily for use and operation on public highways, and required to be registered or licensed before use or operation, but not including conversion vans, motor homes, farm tractors, road building equipment, truck tractors, road tractors, motorcycles, motor-driven cycles, snowmobiles, or vehicles designed primarily for off-road use

A non-conformity under the Indiana lemon law involves a specific or generic defect or condition, or a combination of defects or conditions, that substantially impairs the use, market value, or safety of a motor vehicle, or makes the motor vehicle non-conforming to the terms of a manufacturer’s warranty.

If a vehicle has a non-conformity, and the consumer reports the problem within the term of protection to the manufacturer or its authorized dealer, the manufacturer or dealer must make repairs as needed to correct the non-conformity, even if the repairs are made after the term of protection ends. (The term of protection extends for 18 months after the original delivery of a vehicle to a buyer, or for 18,000 miles after the original delivery if that is earlier.)

If the manufacturer or dealer cannot correct the non-conformity after a reasonable number of attempts, the manufacturer must accept the return of the vehicle and refund the amount paid by the consumer or provide a replacement vehicle of comparable value within 30 days. The consumer has the right to choose between these options. When a manufacturer issues a refund for a vehicle that is not a leased vehicle, the refund is the full contract price of the vehicle, subtracting a reasonable allowance for use. A refund for a leased vehicle uses a different formula.

Iowa Lemon Law

Applicable statute: Iowa Code Section 322G.1 et seq.
Covered consumers: Purchases or lessees (not for lease or resale) of a new or previously untitled motor vehicle, or anyone else entitled by the terms of the warranty to enforce its obligations during the term of the warranty, the two-year period after the original delivery of the vehicle to a consumer, or the first 24,000 miles of operation attributable to a consumer, whichever is shortest
Covered vehicles: Self-propelled vehicles purchased or leased in Iowa and primarily designed for the transportation of people or property over public streets and highways, but not including motorcycles, mopeds, autocycles, motor homes, or vehicles with a GVWR over 15,000 pounds

A non-conformity under the Iowa lemon law involves a defect, malfunction, or condition in a vehicle that causes it to fail to conform to the warranty. However, this does not include a defect, malfunction, or condition resulting from a car accident or the modification or alteration of the vehicle by anyone other than the manufacturer or its authorized service agent.

A manufacturer or its authorized service agent must make repairs as needed to conform the vehicle to the warranty if the vehicle does not conform to the warranty, and the consumer reports the non-conformity to the manufacturer or service agent during the lemon law rights period. This is the shortest period among the term of the manufacturer’s written warranty, the two-year period after the original delivery of a vehicle to a consumer, and the first 24,000 miles of operation by a consumer.

If the manufacturer or service agent has not conformed the vehicle to the warranty by fixing one or more non-conformities that substantially impair the vehicle after a reasonable number of attempts, the manufacturer must replace the vehicle with a replacement vehicle that is acceptable to the consumer, or repurchase the vehicle from the consumer and refund the full purchase or lease price, as well as related costs, subtracting a reasonable offset for use. The consumer has an unconditional right to choose a refund instead of a replacement. If they choose a refund, and this exceeds the amount of the payment for a reasonable offset for use, the consumer does not need to pay the reasonable offset for use in advance. Instead, it will be deducted from their refund.

Kansas Lemon Law

Applicable statute: Kansas Statutes Section 50-645 et seq.
Covered consumers: Original purchasers or lessees (other than for resale purposes) of a motor vehicle
Covered vehicles: New motor vehicles that are sold or leased in Kansas and registered for a gross weight of 12,000 pounds or less

A non-conformity under the Kansas lemon law is not generally defined, but a manufacturer has an affirmative defense to any claim under the lemon law if an alleged non-conformity does not substantially impair the use and value of the vehicle, or if it resulted from abuse, neglect, or unauthorized modifications or alterations of the vehicle by the consumer.

If a vehicle does not conform to its warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the term of the warranty, or within one year after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranties. This still applies if repairs are made after the term of the warranty or the one-year period.

If the manufacturer or dealer cannot conform the vehicle to the warranty after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable vehicle under warranty, or accept the return of the vehicle and refund the consumer for the full purchase or lease price and collateral charges. A reasonable allowance for the consumer’s use of the vehicle will be subtracted from the refund.

Kentucky Lemon Law

Applicable statute: Kentucky Revised Statutes Section 367.840 et seq.
Covered consumers: Residents of Kentucky who buy, contract to buy, or lease a new motor vehicle in Kentucky
Covered vehicles: Self-propelled vehicles that are intended primarily for use and operation on the public highways and are required to be registered or licensed in Kentucky, but not including motor homes, motorcycles, mopeds, farm tractors, vehicles with more than two axles, and any vehicle substantially altered after its initial sale

A non-conformity under the Kentucky lemon law involves a failure to conform with an express warranty in a way that substantially impairs the use, value, or safety of the vehicle.

If, after a reasonable number of attempts, a manufacturer cannot repair a non-conformity in a vehicle to an express warranty during the first 12,000 miles of operation, or the first 12 months after the delivery of the vehicle to the consumer if that is earlier, the consumer must report the non-conformity in writing to the manufacturer. If the manufacturer cannot repair or correct a non-conformity or defect within that period after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable vehicle, or accept the return of the vehicle and refund the full purchase price and related costs. The consumer can choose between these options. A reasonable allowance for the consumer’s use of the vehicle will be subtracted from a refund.

(The statute describes a consumer as a “buyer” but explicitly notes that this term covers lessees as well.)

Louisiana Lemon Law

Applicable statute: Louisiana Revised Statutes Section 51:1941 et seq.
Covered consumers: Purchasers (other than for resale) of a new motor vehicle normally used for personal, family, or household purposes and subject to an express warranty, as well as anyone to whom a motor vehicle is transferred (not for resale) during an express warranty, anyone to whom a motor vehicle is leased, and anyone else who is entitled to enforce the warranty
Covered vehicles: Passenger motor vehicles or passenger and commercial motor vehicles sold in Louisiana on or after September 1, 1984 (special rules apply to personal watercraft and ATVs), but not including motor vehicles with a GVW of 10,000 or above and motor vehicles used exclusively for commercial purposes

A non-conformity under the Louisiana lemon law involves a specific or generic defect or malfunction, or a defect or condition that substantially impairs the use or market value of a vehicle.

If a new motor vehicle does not conform to an express warranty, and the consumer reports the non-conformity to the manufacturer or one of its authorized motor vehicle dealers and makes the vehicle available for repair before the end of the warranty, or within one year after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranty. This remains true even when the repairs are made after the end of the warranty or the one-year period.

If there have been four or more attempts to repair within the express warranty term or a one-year period after the original delivery of the vehicle, whichever is earlier, and the non-conformity has not been repaired, or if the vehicle is out of service for repair for a total of 45 or more calendar days during the warranty period, the manufacturer must replace the vehicle with a comparable new vehicle, or accept return of the vehicle and refund the full purchase price in addition to related costs. A reasonable allowance for use to the consumer will be subtracted from the refund. The manufacturer has the right to choose between a replacement and a refund.

If the transaction is a lease, the manufacturer may replace the vehicle with a comparable vehicle, or (if the lessor allows) the manufacturer may accept the return of the vehicle and reimburse the lessee for reasonable expenditures in connection with the lease. The lessee will be liable for a reasonable allowance for the use of the vehicle before its return.

Maine Lemon Law

Applicable statute: 10 Maine Revised Statutes Section 1161 et seq.
Covered consumers: Purchasers (other than for resale) or lessees of a motor vehicle, anyone to whom the vehicle is transferring during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations, but not a government entity or a business that registers three or more vehicles
Covered vehicles: Motor-driven vehicles designed to convey passengers or property on public highways that are sold or leased in Maine, but not including a vehicle used primarily for commercial purposes with a GVW of 8,500 pounds or more

A non-conformity under the Maine lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition, or combination of defects or conditions, that substantially impairs the use, safety, or value of a vehicle.

If a vehicle does not conform to express warranties, the manufacturer or its authorized dealer must make repairs as needed to conform the vehicle to the express warranties if the consumer reports the non-conformity to the manufacturer or dealer during the term of the warranties, within three years after the original delivery of the vehicle to a consumer, or during the first 18,000 miles of operation of the vehicle, whichever is earliest. This remains true even if repairs are made after the applicable period ends.

If the manufacturer or dealer cannot conform the vehicle to an express warranty by fixing the defect, condition, or combination of defects or conditions after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable vehicle or accept the return of the vehicle and provide a refund to the consumer. A consumer has the right to reject a replacement vehicle and receive a refund instead. A refund will cover the full purchase price (or the lease payments made to date) and certain other costs, subtracting a reasonable allowance for use of the vehicle.

Maryland Lemon Law

Applicable statute: Maryland Commercial Law Section 14-1501 et seq.; Section 14-2001 et seq. (for leases)
Covered consumers: Purchasers (other than for resale) of a new motor vehicle, anyone to whom a new vehicle is transferred during the warranty period, or anyone else entitled to enforce the obligations of the warranty; for lease purposes, anyone who leases under or is offered a motor vehicle lease
Covered vehicles: Vehicles registered in Maryland as a Class A (passenger) vehicle, Class D (motorcycle) vehicle, Class E (truck) vehicle with ¾ ton or less manufacturer’s rated capacity, or Class M (multipurpose) vehicle, but not including motor homes; leases of Class D (motorcycle) vehicles are excluded

A non-conformity under the Maryland lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and market value of the vehicle to the consumer.

Under the law for vehicle buyers, if a new vehicle does not conform to warranties during the warranty period, the consumer must report the non-conformity, defect, or condition to the manufacturer or factory branch. (The warranty period is the first 18,000 miles of operation, or 24 months after the original delivery of the vehicle to the consumer if that is earlier. However, this definition does not extend a manufacturer’s express warranty.) The manufacturer or factory branch must have an opportunity to fix the problem. The manufacturer or factory branch or its authorized dealer must fix the problem at no charge, even if the repairs are made after the warranty expires. The repairs must be completed within 30 days after the manufacturer receives notice of the problem.

If the manufacturer, factory branch, or dealer cannot fix the problem after a reasonable number of attempts, the manufacturer or factory branch must replace the vehicle with a comparable vehicle that is acceptable to the consumer, or accept the return of the vehicle and provide a refund of the full purchase price and related charges. The consumer has the right to choose between these options. If they choose a refund, the manufacturer may deduct a reasonable allowance for the consumer’s use of the vehicle, capped at 15 percent of the purchase price, and a reasonable allowance for damage that did not arise from normal wear and tear and did not arise from the problem at issue.

Section 14-2004 provides largely similar protections for people who lease vehicles, although the refund covers money paid by the consumer to repair the problem pursuant to a lease and subtracts a reasonable allowance for their unimpaired use of the vehicle.

Massachusetts Lemon Law

Applicable statute: Massachusetts General Laws Chapter 90, Section 7n1/2
Covered consumers: Buyers or lessees (other than for resale) of a vehicle, anyone to whom the vehicle is transferred during any express or implied warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Motor vehicles as defined in Section 1 that are sold, leased, or replaced by a dealer or manufacturer, but not including auto homes, vehicles built primarily for off-road use, or vehicles used primarily for business purposes

A non-conformity under the Massachusetts lemon law involves a specific or generic defect or malfunction, or a combination of defects or malfunctions, that substantially impairs the use, market value, or safety of a vehicle.

If a vehicle does not conform to an express or implied warranty, and the consumer reports the non-conformity to the manufacturer or its authorized dealer within one year, or within the first 15,000 miles of use after the original delivery of a new motor vehicle if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranty.

If the manufacturer or dealer does not conform the vehicle to the warranty after a reasonable number of attempts, the manufacturer must accept the return of the vehicle. If the vehicle was purchased, the manufacturer must offer to replace the vehicle or refund its full contract price, subtracting a reasonable allowance for use and any cash award that the manufacturer made in an attempt to resolve the dispute if the consumer accepted the award. If the vehicle was leased, the manufacturer must offer to replace the vehicle or refund payments made by the consumer under the lease agreement, subtracting a reasonable allowance for use and any cash award as described above. A consumer may reject an offer of replacement and demand a refund.

Section 7n1/4 provides certain rights to consumers with used vehicles.

Michigan Lemon Law

Applicable statute: Michigan Compiled Laws Section 257.1401 et seq.
Covered consumers: People who purchase or lease a new motor vehicle for personal, family, or household use (rather than sale or lease), people who purchase or lease fewer than 10 new motor vehicles per year, people who purchase or lease 10 or more new motor vehicles per year if the vehicles are purchased or leased for personal, family, or household use, and anyone else entitled to enforce an express warranty
Covered vehicles: Motor vehicles as defined in Section 257.33 that are designed as a passenger vehicle or SUV, but not including a motor home, a bus, a truck except for a pickup truck or van, or a vehicle with less than four wheels

A non-conformity under the Michigan lemon law is not generally defined, but for the purposes of a repair, replacement, or refund, it involves a defect or condition that impairs the use or value of the vehicle to the consumer or prevents the vehicle from conforming to the manufacturer’s express warranty.

If a non-conformity arises, the manufacturer or a dealer of that type of vehicle must repair the problem if the consumer initially reported the problem to the manufacturer or dealer during the term of the manufacturer’s express warranty, or within one year after the delivery of the vehicle to the original consumer if that is earlier.

If the problem continues to exist, and the vehicle has undergone a reasonable number of repairs, the manufacturer must take certain steps within 30 days. If the consumer purchased the vehicle, the manufacturer must either replace the vehicle with a comparable vehicle currently in production and acceptable to the consumer, or accept the return of the vehicle and refund the purchase price to the consumer. The consumer has the right to demand a refund. If the consumer leased the vehicle, they have a right to a refund of the lease price, although they may agree to accept a comparable replacement vehicle instead. If the consumer chooses a replacement vehicle, the lease agreement will remain as is except for the identification of the vehicle. A reasonable allowance for the consumer’s use of the vehicle and an amount equal to any appraised damage that did not result from normal use or the non-conformity will be subtracted from the purchase price or lease price.

Minnesota Lemon Law

Applicable statute: Minnesota Statutes Section 325F.665 et seq.
Covered consumers: Purchasers and lessees (other than for resale or sublease) of a new motor vehicle used for personal, family, or household purposes at least 40 percent of the time, as well as anyone to whom the vehicle is transferred for the same purposes during the express warranty
Covered vehicles: Passenger automobiles as defined in Section 168.002, including pickup trucks and vans, as well as the self-propelled motor vehicle chassis or van portion of a recreational vehicle sold or leased to a consumer in Minnesota

A non-conformity under the Minnesota lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use or market value of the vehicle to the consumer.

If a new vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, or within two years after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranties. This remains true if the repairs are made after the warranty period or two-year period expires.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable vehicle or accept the return of the vehicle and refund the full purchase price and related charges. A reasonable allowance for the consumer’s use of the vehicle, capped at 10 percent of the purchase price or $0.10 per mile driven if less, will be deducted from the refund. A consumer has the right to reject a replacement vehicle and demand a refund.

A consumer who leases a vehicle has the same rights as above, except that they are entitled only to a refund rather than a replacement vehicle. The leased vehicle will be returned to the manufacturer, and the consumer’s lease with the lessor will be terminated. The manufacturer will give the consumer a full refund of the amount that they paid on the lease, subtracting a reasonable allowance for use by the consumer.

Section 325F.662 provides certain rights to consumers with used vehicles.

Mississippi Lemon Law

Applicable statute: Mississippi Code Section 63-17-151 et seq.
Covered consumers: Purchasers (other than for resale) of a vehicle primarily used for personal, family, or household purposes, anyone to whom the vehicle is transferred for those purposes during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Vehicles propelled by non-muscular power that are sold in Mississippi, operated on the public streets and highways of Mississippi, and used to transport persons or property, but not including off-road vehicles, motorcycles, mopeds, and vehicles run only on tracks

A non-conformity under the Mississippi lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a problem that impairs the use, market value, or safety of the vehicle to the consumer.

If a new vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer during the warranty term, or within one year after the original delivery of the vehicle to the consumer if that is earlier, the manufacturer must make repairs as needed to conform the vehicle to the warranties. This still applies if repairs are made after the warranty term or one-year period.

If the manufacturer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must give the consumer the option of either a replacement or a refund. A replacement means that the manufacturer will replace the vehicle with a comparable vehicle that is acceptable to the consumer. A refund means that the manufacturer will take title of the vehicle and refund the full purchase price and collateral charges, while subtracting a reasonable allowance for the consumer’s use of the vehicle. (This subtracted allowance also applies to a replacement of the vehicle.)

Missouri Lemon Law

Applicable statute: Missouri Revised Statutes Section 407.560 et seq.
Covered consumers: Purchasers (other than for resale) of a new motor vehicle that is primarily used for personal, family, or household purposes, anyone to whom the vehicle is transferred for the same purposes during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Vehicles propelled by non-muscular power that are being transferred for the first time from a manufacturer, distributor, or dealer and have not been registered or titled, but not including commercial motor vehicles, off-road vehicles, mopeds, electric bicycles, motorcycles, or recreational motor vehicles

A non-conformity under the Missouri lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a problem that impairs the use, market value, or safety of the vehicle to the consumer.

If a vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer during the warranty term, or within one year after the original delivery of the vehicle to the consumer if that is earlier, the manufacturer must make repairs as needed to conform the vehicle to the express warranties. This still applies if the repairs are made after the warranty or the one-year period ends.

If the manufacturer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable vehicle that is acceptable to the consumer, or take title of the vehicle and refund the full purchase price and collateral charges to the consumer. A reasonable allowance for the consumer’s use of the vehicle will be subtracted from either the replacement or the refund. The manufacturer has the right to choose between these options.

Montana Lemon Law

Applicable statute: Montana Code Section 61-4-501 et seq.
Covered consumers: Purchasers or lessees (other than for resale or lease) of a passenger motor vehicle used for personal, family, or household purposes, anyone to whom the vehicle is transferred for the same purposes during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Vehicles propelled by their own power that are designed primarily to transport people or property on the public highways and are sold or registered in Montana, including the non-residential portion of a motor home but not including a truck with a GVWR of 15,000 pounds or more

A non-conformity under the Montana lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and market value or safety of the vehicle to the consumer.

If a consumer informs the manufacturer in writing during the warranty period that the vehicle does not conform to the express warranties, the manufacturer must make repairs as needed to conform the vehicle to the warranties, or have the repairs made at its expense. (The warranty period ends two years after the original delivery to the consumer of a new motor vehicle, or after 18,000 miles of operation if that is earlier.) This still applies if the warranty period ends after the consumer notifies the manufacturer of the non-conformity.

If the manufacturer or its authorized dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must replace the vehicle with a new vehicle of the same model and style and of equal value. If there is no replacement available, the manufacturer must replace the vehicle with another vehicle of comparable market value. However, instead of replacement, the manufacturer also may accept the return of the defective vehicle in exchange for a refund of the full purchase price and related costs. A reasonable allowance for the consumer’s use of the vehicle will be subtracted from the refund.

Nebraska Lemon Law

Applicable statute: Nebraska Revised Statutes Section 60-2701 et seq.
Covered consumers: Purchasers (other than for resale) of a vehicle normally used for personal, family, household, or business purposes, anyone to whom a vehicle is transferred for these purposes during an express warranty, and anyone else who is entitled by the terms of the warranty to enforce its obligations
Covered vehicles: New motor vehicles as defined in Section 60-1401.30 that are sold in Nebraska, but not including recreational vehicles

A non-conformity under the Nebraska lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and market value of the vehicle to the consumer.

If a vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, or within one year after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the express warranties. This still applies if repairs are made after the warranty term or the one-year period ends.

Nevada Lemon Law

Applicable statute: Nevada Revised Statutes Section 597.600 et seq.
Covered consumers: People who purchase or contract to purchase (other than for resale) a motor vehicle normally used for personal, family, or household purposes, anyone to whom the vehicle is transferred during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Vehicles covered by Section 482.075, but generally not including motor homes or off-road vehicles

A non-conformity under the Nevada lemon law is not generally defined, but for the purposes of a replacement or refund, it generally involves a defect or condition that substantially impairs the use and value of a vehicle to the buyer and does not result from abuse, neglect, or unauthorized modifications or alterations of the vehicle.

If a new vehicle does not conform to the express warranties, and the buyer reports the non-conformity to the manufacturer in writing before the expiration of the express warranties, or within one year after the vehicle is delivered to the original buyer if that is earlier, the manufacturer or its authorized dealer must make repairs as needed to conform the vehicle to the warranties. This remains true even if the repairs are made after the warranty term or the one-year period ends.

If the manufacturer or dealer cannot conform the vehicle to the warranty after a reasonable number of attempts, the manufacturer must provide a replacement or refund. A replacement means that the manufacturer will replace the vehicle with a comparable motor vehicle of the same model with the same features. However, if the manufacturer cannot deliver this vehicle within a reasonable time, it may replace the vehicle with a comparable vehicle that is substantially similar. A refund means that the manufacturer will accept the return of the defective vehicle and provide a refund of the full purchase price and related charges, subtracting a reasonable allowance for the buyer’s use of the vehicle.

New Hampshire Lemon Law

Applicable statute: New Hampshire Revised Statutes Section 357-D:1 et seq.
Covered consumers: Purchasers and lessees (other than for resale or sublease) of a new motor vehicle, anyone to whom the vehicle is transferred during an express warranty, or anyone else entitled by the terms of the warranty to enforce its obligations, but not including any government entity
Covered vehicles: Vehicles of the private passenger or station wagon type with a gross weight no greater than 11,000 pounds, any other four-wheel motor vehicle with a gross weight no greater than 11,000 pounds (excluding tractors), mopeds, motorcycles, off-highway recreational vehicles, and snowmobiles

A non-conformity under the New Hampshire lemon law involves a defect or condition that substantially impairs the use, value, or safety of a vehicle. However, this does not include a defect or condition resulting from a car accident or from the modification or alteration of the vehicle by someone other than the manufacturer or its authorized service agent.

If a vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, the manufacturer must make repairs as needed to conform the vehicle to the warranties. This applies even if the repairs are made after the warranty term ends.

If the manufacturer or dealer cannot conform the vehicle to the express warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a new vehicle from the same manufacturer of comparable worth to the same make and model with all options and accessories, or accept the return of the vehicle and refund the full purchase price and related charges or an amount stipulated by the statute for a leased vehicle. A reasonable allowance for use will be subtracted from the refund. The consumer has the right to choose between these options.

New Jersey Lemon Law

Applicable statute: New Jersey Revised Statutes Section 56:12-29 et seq.
Covered consumers: Buyers or lessees (other than for resale or sublease) of a motor vehicle, anyone to whom a vehicle is transferred during the warranty, or anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger automobiles, farm tractors, authorized emergency vehicles, or motorcycles purchased or leased in New Jersey or registered by the New Jersey Motor Vehicle Commission, but not the living facilities of motor homes

A non-conformity under the New Jersey lemon law involves a defect or condition that substantially impairs the use, value, or safety of a vehicle.

If a consumer reports a non-conformity in a vehicle to the manufacturer or its dealer or distributor during the first 24,000 miles of operation, or within two years after the original delivery to the consumer if that is earlier, the manufacturer must make or arrange to have made the repairs needed to correct the non-conformity within a reasonable time. If the repairs are made after the first 12,000 miles of operation, or more than one year after the original delivery to the consumer if that is earlier, the consumer will pay for the repairs unless they are otherwise covered by a warranty.

If the manufacturer, dealer, or distributor cannot fix the non-conformity within a reasonable time, the manufacturer must accept the return of the motor vehicle in exchange for a full refund of the purchase price and related costs, subtracting a reasonable allowance for vehicle use. The manufacturer may make an offer to replace the vehicle instead of providing a refund, but the consumer may reject the offer of replacement and demand a refund. A consumer who leases a new motor vehicle has the same remedies as a consumer who purchases a new motor vehicle. However, the refund in this case will consist of the amount actually paid by the consumer under the lease agreement and related charges, subtracting a reasonable allowance for vehicle use.

New Mexico Lemon Law

Applicable statute: New Mexico Statutes Section 57-16A-1 et seq.
Covered consumers: Purchasers (other than for resale) of a new or used vehicle normally used for personal, family, or household purposes, anyone to whom the vehicle has been transferred during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger motor vehicles, including automobiles, pickup trucks, motorcycles, and vans normally used for personal, family, or household purposes, which are sold and registered in New Mexico and have a GVW under 10,000 pounds

A non-conformity under the New Mexico lemon law is not generally defined, but for the purposes of a replacement or refund, it generally involves a defect or condition that substantially impairs the use and market value of the vehicle to the consumer.

If a new vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, or within one year after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranties.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable vehicle, or accept the return of the vehicle and provide a refund for the full purchase price and collateral charges. A reasonable allowance for the consumer’s use of the vehicle will be subtracted for either a replacement or refund.

Section 57-16A-3.1 provides certain rights to consumers with used vehicles.

New York Lemon Law

Applicable statute: New York General Business Law Section 198-A
Covered consumers: Purchasers, lessees, and transferees (other than for resale) of a vehicle used primarily for personal, family, or household purposes, as well as anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Any vehicle (other than off-road vehicles) that was subject to an express warranty at the time of original delivery and either is registered in New York or was purchased, leased, or transferred in New York within the first 18,000 miles of operation or two years after its original delivery if that is earlier

A non-conformity under the New York lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the value of the vehicle to the consumer.

If a new vehicle that is sold and registered in New York does not conform to the express warranties during the first 18,000 miles of operation, or within two years after the original delivery of the vehicle to the consumer if that is earlier, the consumer must report the problem to the manufacturer or its authorized dealer during that period. The manufacturer or dealer must fix the problem at no charge, even if the repairs are made after the 18,000 miles or two years have passed.

If the manufacturer or dealer cannot fix the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable vehicle or accept the return of the vehicle and refund the full purchase price or lease price and related fees and charges. The consumer can choose between these options. An allowance will be subtracted for the consumer’s use of the vehicle beyond the first 12,000 miles of operation. A reasonable allowance also will be subtracted for damage not attributable to normal wear or improvements.

General Business Law Section 198-B provides certain rights to consumers with used vehicles.

North Carolina Lemon Law

Applicable statute: North Carolina General Statutes Section 20-351 et seq.
Covered consumers: Purchasers (other than for resale) or lessees of a motor vehicle, as well as anyone else entitled by the terms of an express warranty to enforce its obligations
Covered vehicles: Motor vehicles as defined in Section 20-4.01 that are sold or leased in North Carolina, but not including house trailers or motor vehicles that weigh more than 10,000 pounds

A non-conformity under the North Carolina lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition, or series of defects or conditions, that substantially impairs the value of the vehicle to the consumer.

If a new vehicle does not conform to the express warranties for one year after the original delivery of the vehicle to the consumer, or for the warranty term if that is greater, and the consumer reports the non-conformity to the manufacturer or its authorized dealer within that time, the manufacturer must make or arrange to make repairs as needed to conform the vehicle to the warranties. This is true even if the repairs are made after the warranty period expires. A warranty for a new vehicle must remain in effect for at least one year or 12,000 miles.

If the manufacturer cannot conform the vehicle to the warranty by fixing a non-conformity that occurred no more than 24 months or 24,000 miles after the original delivery of the vehicle, having made a reasonable number of attempts, the consumer will be entitled to choose between a replacement and a refund. A replacement means that the manufacturer will replace the vehicle with a comparable new vehicle. A refund means that the manufacturer will accept the return of the vehicle and refund the full contract price and related costs to the consumer. (The refund is defined differently for a leased vehicle.) A refund will be reduced by a reasonable allowance for the consumer’s use of the vehicle.

North Dakota Lemon Law

Applicable statute: North Dakota Century Code Section 51-07-16 et seq.
Covered consumers: Purchasers or lessees (other than for resale or lease) of a passenger motor vehicle normally used for personal, family, or household purposes, anyone to whom the vehicle is transferred for the same purposes during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger motor vehicles as defined in Section 39-01-01 or trucks with a registered gross weight of no greater than 10,000 pounds that are sold or leased in North Dakota, but not including a house car

A non-conformity under the North Dakota lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and market value of a passenger motor vehicle.

If a new passenger motor vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, or within one year after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make the repairs needed to conform the vehicle to the warranties. This remains true even if repairs may be made after the warranty term or one-year period ends.

If the manufacturer or dealer cannot make the vehicle conform to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must replace the vehicle with a comparable vehicle, or accept the return of the vehicle and refund the full purchase price and collateral charges. A reasonable allowance for the consumer’s use of the vehicle, capped at $0.10 per mile driven or 10 percent of the purchase price if that is less, will be deducted from the refund. (Section 51-07-18.1 describes the refund for a leased vehicle, which is defined differently.)

Ohio Lemon Law

Applicable statute: Ohio Revised Code Section 1345.71 et seq.
Covered consumers: Purchasers (other than for resale) of a motor vehicle, lessees of a motor vehicle in certain contractual arrangements, people to whom the vehicle is transferred during the express warranty, and anyone else entitled by the terms of the warranty to enforce it
Covered vehicles: Passenger cars and non-commercial motor vehicles, as well as some parts of motor homes, but not including mobile homes, recreational vehicles, or manufactured homes

A non-conformity under the Ohio lemon law involves a defect or condition that substantially impairs the use, value, or safety of a vehicle to the consumer and does not conform to the express warranty of the manufacturer or distributor.

If a new vehicle does not conform to an express warranty, and the consumer reports the non-conformity to the manufacturer or its authorized dealer within one year after its original delivery, or within the first 18,000 miles of operation if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranty. This still applies if the repairs are made after the applicable time period ends.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of repair attempts, the manufacturer must either replace the vehicle with a new vehicle that is acceptable to the consumer, or accept the return of the vehicle from the consumer and refund the full purchase price and incidental damages. (The “full purchase price” is defined differently for a sale and for a lease.) The consumer has the right to choose between these options.

Oklahoma Lemon Law

Applicable statute: Oklahoma Statutes Section 15-901 et seq.
Covered consumers: Purchasers (other than for resale) of a motor vehicle, anyone to whom the vehicle is transferred during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Motor-driven vehicles required to be registered under the Oklahoma Motor Vehicle License and Registration Act, excluding vehicles above 10,000 pounds GVW but including recreational vehicles regardless of weight

A non-conformity under the Oklahoma lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and value of the vehicle to the consumer.

If a new vehicle does not conform to its express warranties, and the consumer reports the non-conformity in writing to the manufacturer or its authorized dealer during the warranty term, or within one year after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranties. This remains true even if the repairs are made after the warranty term or one-year period ends.

If the manufacturer or dealer cannot conform the vehicle to an express warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable new model that is acceptable to the consumer, or accept a return of the vehicle and refund the full purchase price and related costs, A reasonable allowance for the consumer’s use of the vehicle will be subtracted from the refund. If the manufacturer and consumer cannot agree on a comparable model vehicle, the remedy will be a refund of the purchase price, subtracting a reasonable allowance for the consumer’s use of the vehicle.

Oregon Lemon Law

Applicable statute: Oregon Revised Statutes Section 646A.400 et seq.
Covered consumers: Purchasers or lessees (other than for resale) of a new motor vehicle normally used for personal, family, or household purposes, anyone to whom the vehicle is transferred for the same purposes during an express warranty, and anyone else who is entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger motor vehicles as defined in Section 801.360 that are purchased in Oregon, or purchased outside Oregon but registered in Oregon

A non-conformity under the Oregon lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use, market value, or safety of the vehicle to the consumer.

A remedy under the lemon law is available if the vehicle does not conform to the manufacturer’s express warranties, the consumer reports each non-conformity to the manufacturer or its authorized dealer during the two years after the original delivery of the vehicle to the consumer, or within the first 24,000 miles of operation if that is earlier, and the manufacturer has received a direct written notification and has had an opportunity to correct the alleged defect.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must replace the vehicle with a new vehicle or accept the return of the vehicle and refund the full purchase price or lease price and collateral charges. A reasonable allowance for the consumer’s use of the vehicle will be subtracted from the refund.

Pennsylvania Lemon Law

Applicable statute: 73 Pennsylvania Statutes Section 1951 et seq.
Covered consumers: People (and their successors and assigns) who have obtained possession or ownership of a new motor vehicle by lease, transfer, or purchase, or who have entered into an agreement or contract for the lease or purchase of a new vehicle that is used, leased, or bought for use primarily for personal, family, or household purposes
Covered vehicles: New and unused self-propelled, motorized vehicles driven on public roads, streets, or highways that are designed to transport no more than 15 people, were purchased or leased and are registered in Pennsylvania (or purchased or leased elsewhere and registered for the first time in Pennsylvania), and were used, leased, or bought for use primarily for personal, family, or household purposes, but not including motorcycles, motor homes, or off-road vehicles

A non-conformity under the Pennsylvania lemon law involves a defect or condition that substantially impairs the use, value, or safety of a new vehicle and does not conform to the manufacturer’s express warranty.

The manufacturer of a new vehicle that has been sold or leased and registered in Pennsylvania must fix a non-conformity that occurs within one year after the delivery of the vehicle to the purchaser, within the first 12,000 miles of use, or during the term of the warranty, whichever period ends earliest.

If the manufacturer does not fix the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable vehicle of equal value or accept the return of the vehicle and refund the full purchase price or lease price, including collateral charges. A reasonable allowance for the consumer’s use of the vehicle will be subtracted. This is capped at $0.10 per mile driven, or 10 percent of the purchase price or lease price if that is less. The consumer has the right to choose between a replacement and a refund.

Rhode Island Lemon Law

Applicable statute: Rhode Island General Laws Section 31-5.2-1 et seq.
Covered consumers: Buyers (other than for resale) of a motor vehicle, anyone to whom the vehicle is transferred for the same purposes during an express or implied warranty, and anyone else who is entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Automobiles, trucks, motorcycles, and vans with a registered GVW under 10,000 pounds that are sold, leased, or replaced by a dealer or manufacturer, but not including motorized campers

A non-conformity under the Rhode Island lemon law involves a specific or generic defect or malfunction, or a combination of defects or malfunctions, that substantially impairs the use, market value, or safety of a vehicle.

If a vehicle does not conform to an express or implied warranty, and the consumer reports the non-conformity to the manufacturer or its authorized dealer or lessor within one year or 15,000 miles of use from the original delivery of a new vehicle to the consumer, whichever is earlier, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranty. This remains true when the repairs are made after the warranty term ends.

If the manufacturer or dealer or lessor does not conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must accept the return of the vehicle and must either replace the vehicle with a comparable new vehicle in good working order or refund the full contract price or lease price, subtracting a reasonable allowance for use. The consumer can choose between these options. If the manufacturer is replacing the vehicle, it has 30 days to deliver a comparable vehicle after the defective vehicle is returned. If it does not do this, the manufacturer must refund the full contract price or lease price, subtracting a reasonable allowance for use.

South Carolina Lemon Law

Applicable statute: South Carolina Code of Laws Section 56-28-10 et seq.
Covered consumers: Purchasers and lessors (other than for resale) of vehicles normally used for personal, family, or household purposes and subject to the manufacturer’s express warranty, as well as anyone else entitled by the warranty to enforce its obligations
Covered vehicles: Private passenger motor vehicles (but not the living portions of recreational vehicles and off-road vehicles) that are sold and registered in South Carolina, as well as motorcycles (including three-wheel motorcycles) that are sold and registered in South Carolina

A non-conformity under the South Carolina lemon law involves a defect or condition that substantially impairs the use, value, or safety of a vehicle. However, this does not include a defect or condition resulting from a car accident or a modification or alteration of the vehicle by someone other than the manufacturer or its authorized service agent.

If a new vehicle does not conform to an express warranty within the first 12 months after purchase, or the first 12,000 miles of operation if that is earlier, and the consumer reports the non-conformity to the manufacturer during the warranty term, the manufacturer must make repairs as needed to conform the vehicle to the warranty at no cost to the consumer. This still applies if the repairs are made after the warranty term ends.

If the manufacturer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable vehicle or accept the return of the vehicle and refund the full purchase price and related costs to the consumer, subtracting a reasonable allowance for their use of the vehicle. The manufacturer has the right to choose between these options.

South Dakota Lemon Law

Applicable statute: South Dakota Codified Laws Section 32-6D-1 et seq.
Covered consumers: Purchasers (other than for resale) of a new or previously untitled vehicle used substantially for personal, family, or household purposes, and who are entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Self-propelled vehicles that are intended primarily for use and operation on public highways, as well as some ATVs, but not including electric bicycles, motor homes, or vehicles with a GVWR of 15,000 pounds or more

A non-conformity under the South Dakota lemon law is any condition that is not in conformity with the terms of a manufacturer’s express warranty and that significantly impairs the use, value, or safety of the vehicle. The condition must arise in the course of the ordinary use of the vehicle, rather than arising from a car accident or a modification or alteration of the vehicle that was not authorized by the manufacturer.

If a new vehicle does not conform to an express warranty, and the consumer provides notice of the non-conforming condition during the lemon law rights period, the manufacturer must make the necessary repairs to fix the non-conforming condition. (The lemon law rights period lasts for one year after the original delivery of a vehicle to a consumer, or the first 12,000 miles of operation if that is earlier.) Repairs are required after the lemon law rights period ends if the consumer first gave notice during the lemon law rights period. However, the obligation to fix a non-conforming condition does not extend for longer than 24 months after the vehicle is delivered, or the first 24,000 miles of operation if that is earlier.

If the manufacturer or its authorized dealer cannot conform the vehicle to an express warranty by fixing a non-conforming condition that first occurred during the lemon law rights period after reasonable attempts, the manufacturer must either replace the vehicle with a comparable new vehicle and refund collateral charges, or accept return of the vehicle and refund the full contract price and related charges. The consumer can choose between these options. A reasonable allowance for the consumer’s use of the vehicle will be offset against any monetary recovery.

Tennessee Lemon Law

Applicable statute: Tennessee Code Section 55-24-101 et seq.
Covered consumers: Purchasers (other than for resale) or lessees of a vehicle, anyone to whom the vehicle is transferred during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations, but not any government entity or any business or commercial entity with three or more vehicles
Covered vehicles: Motor vehicles as defined in Section 55-1-103 that are sold and subject to registration in Tennessee, or subject to similar registration requirements in another state, and classified as Class B vehicles under Section 55-4-111; also includes motorcycles sold and subject to registration in Tennessee, or subject to similar registration requirements in another state, and classified as Class A vehicles; excludes motorized bicycles, motor homes, lawnmowers, garden tractors, recreational vehicles, off-road vehicles, and vehicles with a GVW over 10,000 pounds

A non-conformity under the Tennessee lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a non-conformity, defect, or condition that substantially impairs the vehicle. This means that it makes the vehicle unreliable or unsafe for normal operation, or reduces its resale market value below the average value for comparable vehicles.

If a new vehicle does not conform to an express warranty, and the consumer reports the problem to the manufacturer or its authorized dealer during the term of protection, the manufacturer or dealer must fix the problem at no charge. This still applies if the repairs are made after the term of protection ends. (The term of protection is the term of applicable express warranties, or the one-year period after the original delivery of the vehicle to a consumer if that is earlier.)

If the manufacturer or dealer cannot conform the vehicle to the express warranty after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable vehicle or accept the return of the vehicle and provide a refund of the full purchase price. This consists of the actual cost paid by the consumer, subtracting a reasonable allowance for use. Section 55-24-104 describes refunds for leased vehicles.

Texas Lemon Law

Applicable statute: Texas Occupations Code Section 2301.601 et seq.
Covered consumers: Anyone entitled to enforce a manufacturer’s warranty regarding a motor vehicle who purchased the vehicle at retail from a license holder, is a lessor or lessee (but not a sublessee) who purchased or leased the vehicle from a license holder, is a resident of Texas and has registered the vehicle in Texas, is an active duty member of the armed forces and meets certain other requirements, or is a transferee or assignee of one of the above, a resident of Texas, and the person who registered the vehicle in Texas
Covered vehicles: Fully self-propelled vehicles with two or more wheels that are primarily intended to transport people or property on a public highway, or that are primarily intended to transport people or property, are not manufactured for use on public streets, roads, or highways, and meet the requirements for a certificate of title, as well as towable recreational vehicles and certain engines, transmissions, and rear axles

A non-conformity under the Texas lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that creates a serious safety hazard or substantially impairs the use or market value of the vehicle. A serious safety hazard is a life-threatening malfunction or non-conformity that substantially impedes a driver’s ability to control or operate a vehicle for its ordinary use or intended purposes, or that creates a substantial risk of fire or explosion. An impairment of market value simply means a substantial loss in market value.

A manufacturer or distributor must make the repairs necessary to conform a new vehicle to an applicable express warranty. This requirement applies after a warranty expires if the owner reported a non-conformity to the manufacturer or distributor or to their franchised dealer during the term of the warranty.

If the manufacturer or distributor cannot conform a vehicle to an express warranty by fixing the non-conformity after a reasonable number of attempts, they must reimburse the owner for reasonable incidental costs resulting from the loss of use of the vehicle due to the non-conformity. They also must either replace the vehicle with a comparable vehicle, or accept the return of the vehicle and refund the full purchase price, subtracting a reasonable allowance for the owner’s use of the vehicle. (Texas DMV regulations describe how the purchase price is defined for leased vehicles.)

Utah Lemon Law

Applicable statute: Utah Code Section 13-20-1 et seq.
Covered consumers: Anyone who enters into an agreement or contract for the transfer, lease, or purchase of a new vehicle (other than for resale or sublease) during the express warranty term, or within one year after the original delivery of the vehicle to a consumer if that is earlier
Covered vehicles: Motor vehicles (as defined in Section 41-1a-102) sold in Utah, motorcycles sold in Utah if they are designed primarily for use and operation on paved highways, and certain components of motor homes, but not including road tractors, truck tractors, mobile homes, motorcycles designed primarily for use or operation on unimproved terrain, mopeds, electric-assisted bicycles, motor-assisted scooters, motor-driven cycles, and most vehicles with a gross laden weight over 12,000 pounds

A non-conformity under the Utah lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use, market value, or safety of the vehicle.

If a new vehicle does not conform to express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, or within one year after the original delivery of the vehicle to a consumer if that is earlier, the manufacturer or dealer must make the repairs needed to conform the vehicle to the warranties. This requirement still applies if the repairs are made after the warranty term or the one-year period ends.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable new vehicle or accept the return of the vehicle and refund the full purchase price and collateral charges, subtracting a reasonable allowance for the consumer’s use of the vehicle. (Utah regulations provide more detail on refunds for leased vehicles.)

Vermont Lemon Law

Applicable statute: 9 Vermont Statutes Section 4170 et seq.
Covered consumers: Purchasers or lessees (other than for resale or sub-lease) of a new motor vehicle, anyone to whom the vehicle is transferred during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations, but not a government entity or a business that registers or leases three or more vehicles
Covered vehicles: Passenger motor vehicles that are purchased, leased, or registered in Vermont, but not including tractors, motorcycles, motor-driven cycles, snowmobiles, motorized highway building equipment, road-making appliances, the living portion of recreational vehicles, or trucks with a GVWR over 12,000 pounds

A non-conformity under the Vermont lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition covered by the warranty that substantially impairs the use, market value, or safety of the vehicle to the consumer.

If a new vehicle does not conform to express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, the manufacturer must arrange for repairs as needed to conform the vehicle to the warranties. This still applies even if repairs are made after the warranty term ends.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a new vehicle from the same manufacturer of comparable worth to the same make and model, or accept return of the vehicle and refund the full purchase price or an amount specified by statute for leased vehicles. The consumer has the right to choose between these options. A reasonable allowance for use is defined as the amount directly attributable to use by the consumer before their first repair attempt.

Virginia Lemon Law

Applicable statute: Code of Virginia Section 59.1-207.9 et seq.
Covered consumers: Purchasers (other than for resale) or lessees of a vehicle used substantially for personal, family, or household purposes, anyone to whom the vehicle is transferred for those purposes during the warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger cars, pickup or panel trucks, motorcycles, autocycles, self-propelled motorized chassis of motor homes, and mopeds

A non-conformity under the Virginia lemon law involves a failure to conform with a warranty, a defect, or a condition that significantly impairs the use, market value, or safety of a vehicle, even if it does not affect the driveability of the vehicle.

If a new vehicle does not conform to the warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the manufacturer’s warranty period, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranties. This remains true even if the repairs are made after the warranty period ends.

If the manufacturer or dealer does not conform the vehicle to the warranty by fixing a non-conformity after a reasonable number of attempts during the lemon law rights period, the manufacturer must provide a replacement or a refund. (The lemon law rights period lasts for 18 months after the original delivery of a new motor vehicle to the consumer.) A replacement means that the manufacturer will replace the vehicle with a comparable vehicle that is acceptable to the consumer. A refund means that the manufacturer will accept the return of the vehicle and refund the full contract price and related charges to the consumer, subtracting a reasonable allowance for the consumer’s use of the vehicle until the first notice of non-conformity. The consumer has the right to choose a refund instead of a replacement and to drive the vehicle until they receive the replacement or the refund. Some distinctive provisions apply to a replacement or refund for a leased vehicle.

Washington Lemon Law

Applicable statute: Revised Code of Washington Section 19.118.005 et seq.
Covered consumers: Anyone who enters into an agreement or contract for the transfer, lease, or purchase of a new vehicle (other than for resale or sublease) within two years after the original delivery of the vehicle to the consumer, or within the first 24,000 miles of operation if that is earlier
Covered vehicles: Self-propelled vehicles, including motorcycles, that are primarily designed to transport people or property over public highways and were originally purchased or leased at retail from a new motor vehicle dealer or leasing company in Washington, but not including vehicles purchased or leased by a business in certain circumstances and not including trucks with a GVWR of 19,000 pounds or more

A non-conformity under the Washington lemon law involves a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a vehicle. However, this does not cover a defect or condition that resulted from the unauthorized modification or alteration of the vehicle.

If a vehicle does not conform to the warranty, and the consumer reports the non-conformity to the manufacturer or dealer during the eligibility period or the coverage period of the warranty, whichever is shorter, the manufacturer or dealer must make repairs as needed to conform the vehicle to the warranty. This remains true even if the repairs are made after the eligibility period ends. (The eligibility period lasts for two years after the original delivery of the vehicle to the consumer, or for the first 24,000 miles of operation if that is shorter.) A warranty must last for at least one year after the original delivery of the vehicle to the consumer, or for the first 12,000 miles of operation if that is shorter.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing the non-conformity after a reasonable number of attempts, the manufacturer must replace or repurchase the vehicle. The consumer has the right to choose between these options. The replacement or repurchase must occur within 40 days of the consumer’s written request. A replacement vehicle must be identical or reasonably equivalent to the defective vehicle as it existed at the time of the original purchase or lease. If the manufacturer repurchases the defective vehicle from a consumer who bought it, the manufacturer must refund the purchase price, collateral charges, and incidental costs, subtracting a reasonable offset for use. The refund is calculated differently if the consumer leased the vehicle, although it still accounts for a reasonable offset for use.

Washington, D.C. Lemon Law

Applicable statute: District of Columbia Code Section 50-501 et seq.
Covered consumers: Purchasers (other than for resale) of a vehicle, anyone to whom the vehicle is leased or otherwise transferred during a warranty, and anyone else entitled to enforce the obligations of the warranty
Covered vehicles: Vehicles manufactured for sale, offered for sale, sold, or registered in the District of Columbia and designed for the primary purpose of transporting a driver and passengers on streets, roads, or highways, but not including motorcycles, motor homes, motorized recreational vehicles, or buses sold for public transportation

A non-conformity under the Washington, D.C. lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a non-conformity, defect, or condition that results in a significant impairment of the vehicle. This means that the problem makes the vehicle unreliable or unsafe for normal operation, or reduces its resale value below the average resale value for comparable vehicles.

If a new vehicle does not conform to warranties during its first 18,000 miles of operation, or within two years after the delivery of the vehicle to the original purchaser if that is earlier, the consumer must report the problem to the manufacturer or its authorized dealer within that period. The manufacturer or dealer must fix the problem at no charge, even if the repairs are made after the 18,000 miles or two years have expired.

If the manufacturer or dealer cannot fix the problem after a reasonable number of attempts, the manufacturer must either replace the vehicle with a comparable vehicle, or accept the return of the vehicle and refund the full purchase price and related charges. The consumer has the right to choose between these options. If the manufacturer provides a refund, it can deduct a reasonable allowance from the full purchase price to account for the consumer’s use of the motor vehicle beyond the first 12,000 miles of operation, but the allowance cannot exceed $0.10 per mile. The manufacturer also can deduct a reasonable allowance for damage that did not result from normal wear and tear or from the non-conformity.

West Virginia Lemon Law

Applicable statute: West Virginia Code Section 46A-6A-1 et seq.
Covered consumers: Purchasers (other than for resale) of a new vehicle used primarily for personal, family, or household purposes, anyone to whom the vehicle is transferred for the same purposes during an express warranty, and anyone else entitled by the terms of the warranty to enforce its obligations
Covered vehicles: Passenger automobiles purchased in West Virginia or registered and titled in West Virginia, including pickup trucks and vans registered as Class A motor vehicles, as well as self-propelled motor vehicle chassis of motor homes that are registered as Class A or B motor vehicles

A non-conformity under the West Virginia lemon law is not generally defined, but for the purposes of a replacement, it involves a defect or condition that substantially impairs the use or market value of the vehicle to the consumer.

If a new vehicle does not conform to the express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer during the warranty term, or within one year after the original delivery of the vehicle to a consumer if that is longer, the manufacturer or dealer must make the repairs needed to conform the vehicle to the warranties. This remains true even if the repairs are made after the warranty term expires.

Wisconsin Lemon Law

Applicable statute: Wisconsin Statutes Section 218.0171
Covered consumers: Anyone who purchases a new vehicle from a motor vehicle dealer (for purposes other than resale), who leases a vehicle from a motor vehicle lessor under a written lease, to whom the vehicle is transferred (for purposes other than resale) before the expiration of an express warranty, or who may enforce the warranty
Covered vehicles: Motor-driven vehicles that must be registered under Chapter 341 of the Wisconsin Statutes and that a consumer purchases or accepts as a transfer in Wisconsin, but not including mopeds, semi-trailers, or trailers designed to be used with a truck or truck tractor

A non-conformity under the Wisconsin lemon laws involves a condition or defect that substantially impairs the use, value, or safety of a vehicle, and that is covered by an express warranty. However, this does not cover a condition or defect that arose from the unauthorized modification or alteration of the vehicle by a consumer.

If a new vehicle does not conform to an express warranty, and the consumer reports the problem to the manufacturer, its authorized dealer, or the motor vehicle lessor, the non-conformity must be repaired if the consumer makes the vehicle available for repair before the end of the warranty, or within one year after the first delivery of the vehicle to a consumer if that is earlier.

If the non-conformity is not repaired after a reasonable attempt to repair, and the consumer provides the manufacturer with the appropriate form, the manufacturer must either replace the vehicle with a comparable vehicle and refund any collateral costs, or accept the return of the vehicle and refund the full purchase price and related costs, subtracting a reasonable allowance for use. The consumer can choose between these options. If the consumer leased the vehicle, the manufacturer must accept the return of the vehicle and refund to the consumer the amount that they paid under the written lease and related costs, again subtracting a reasonable allowance for use.

Wyoming Lemon Law

Applicable statute: Wyoming Statutes Section 40-17-101
Covered consumers: Anyone who purchases a vehicle (other than for resale) to which an express warranty applies, anyone to whom a vehicle is transferred during the term of an express warranty, and anyone entitled by the terms of an express warranty to enforce it
Covered vehicles: Vehicles under 10,000 pounds unladen weight that are sold or registered in Wyoming and are self-propelled

A non-conformity under the Wyoming lemon law is not generally defined, but for the purposes of a replacement or refund, it involves a defect or condition that substantially impairs the use and fair market value of the vehicle to the consumer.

If a new vehicle does not conform to express warranties, and the consumer reports the non-conformity to the manufacturer or its authorized dealer within one year after the original delivery of the vehicle to the consumer, the manufacturer or authorized dealer must make repairs as needed to conform the vehicle to the warranties. This still applies even if the repairs are made after the one-year period has ended.

If the manufacturer or dealer cannot conform the vehicle to the warranty by fixing a non-conformity after a reasonable number of attempts, the manufacturer must either replace the vehicle with a new or comparable vehicle of the same type and similarly equipped, or accept the return of the vehicle and refund the full purchase price and related charges to the consumer. A reasonable allowance for the consumer’s use will be subtracted from the refund.

Last reviewed January 2024

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