State-Run Arbitration State-run arbitration programs are fairer to consumers than the manufacturer arbitration programs. State-run programs have better trained personnel, are not biased by industry funding, publicly report on their decision, meet their deadlines and are more likely to give all available relief under the lemon law.  Most state-run programs use their own resources but…

Vehicle Types Covered This provision defines what vehicles are covered under the law. Some states arbitrarily restrict the coverage of the lemon law.  For example, Colorado is the worst by excluding vehicles that carry more than 10 passengers, motor homes and vehicles designed to travel with fewer than 4 wheels.  Massachusetts and New York have…

Penalty for Violation Recognizing that auto makers often ignore the requirements of the lemon law to drag out taking back lemons so that consumers give up in frustration, some states impose a civil penalty or exemplary damages for willful violation of the lemon law.  Such provisions create a deterrent to auto companies stonewalling consumers and…

Vehicle Use Offset When a consumer receives a refund for or replacement of a lemon vehicle, state lemon laws vary significantly on whether the manufacturer can deduct an offset for use of the vehicle.  Almost all states recognize that a consumer should not be charged for troubled use, – i.e., the consumer should only be…

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…

Safety Lemon An addition to the basic presumption; this creates a lower threshold presumption that a vehicle is a lemon if the nonconformity is likely to cause serious bodily injury or death. It exists because a consumer should not have to risk their life multiple times for a safety defect. 20 states have this extra…

Applicable Period This provision defines the time period when the required number of repair attempts or days out of service must occur to invoke the presumption that a vehicle is a lemon.  It is important to note that the duty to refund or replace continues at least through the express warranty and is not limited…

Basic Presumption This provision in state lemon laws creates the basic presumption or qualification for lemon law relief by defining what constitutes a reasonable number of repair attempts or days out of service before a vehicle is presumed to be a lemon.  The majority of state lemon laws provide that 3 repair attempts for a…

State Lemon Law Rankings: Scoring Category Definitions, Best and Worst States, and Exemplary Provisions Scoring Category Definitions Basic Presumption – This provision creates the basic presumption by defining what constitutes a reasonable number of repair attempts or days out of service before a vehicle is presumed to be a lemon. The majority of state lemon…