May 10 2009
How do I know if my vehicle is a “lemon?”
In case a defective vehicle cannot be repaired by a manufacturer or its authorized dealer within a reasonable number of repair attempts, the manufacturer must either promptly replace or repurchase the product, provided the product is covered by a manufacturer’s or retail seller’s warranty.
A material defect “substantially impairs the use, value or safety” of the vehicle to the buyer. Impairment to the use value or safety is sufficient.
A constitution of a reasonable number of repair attempts is best determined on a case by case basis, although a common benchmark is four times or 30 days in the shop. The days in the shop can be calculated cumulatively or consecutively. The the number of days in the shop, number of repair orders, the age, and the mileage of the vehicle are factors that will influence whether your vehicle qualifies as a lemon.
These are only guidelines. Any nonconformity repair failure, which substantially impairs use, value or safety within a reasonable number of attempts may entitle the consumer to a refund, even after several years of ownership, as long as the defect first occurred while the vehicle was under warranty.