Garden Variety Lemon

Garden Variety Lemon

An addition to the basic presumption; this creates a presumption that a vehicle is a lemon if a set number of any non-conformities occur, or if the vehicle is out of service due to non-routine repairs for a set number of days. It exists because some cars have parts fail from the front bumper to the rear but never have the same problem twice, let alone three or four times as required by the basic lemon presumption. The majority of states have this provision as a set number of days – e.g. the vehicle is out of service for 30 or more days. Arkansas has the best provision with respect to the number of repair attempts for any non-conformities- 5:

Arkansas Code
4-90-410. Presumption of reasonable attempts to repair . . . .

     (a) A rebuttable presumption of a reasonable number of attempts to repair is considered to have been undertaken to correct a nonconformity if: . . . .

             (3) There have been five (5) or more attempts, on separate occasions, to repair any nonconformities that together substantially impair the use and value of the motor vehicle to the consumer.

Maine has the best provision with respect to the number of days a vehicle is out of service- 15.

Maine Revised Statutes Annotated, Tit. 10
1163. Rights and duties

Reasonable number of attempts; presumption. There is a presumption that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if: . . .
The vehicle is out of service by reason of a repair attempt by the manufacturer, its agents or authorized dealer, of any defect or condition or combination of defects for a cumulative total of 15 or more business days during that warranty term or the appropriate time period, whichever occurs earlier.