## Is My Car a Lemon? What You Can Do and How To Avoid Them in the First Place

Purchasing a new car can be incredibly exciting, and it can offer a major step up in your driving life. However, buying a lemon can quickly turn your dream into a nightmare. A lemon is a new car that has unresolvable issues, either through design flaws or manufacturing defects. Buying a lemon is incredibly expensive and frustrating, and is essentially the worst-case scenario for car buyers. If, after a number of repair attempts and a manufacturer’s warranty claim, your car is still not usable, it is possible that you have a lemon. 

The last thing that an automaker wants when introducing a new motor vehicle is for it to gain a reputation for being a lemon. However, issues still happen, and it is important to know what to look for and what to do if you get one of these vehicles. A significant defect can be enough to make your car unusable, and you should know what course of action to take. By knowing what you can do if you get a lemon and how to avoid one in the first place, you can save yourself a lot of time and money. 

## What is a Lemon Car?

A lemon car is a new vehicle that has a substantial defect that can not be repaired by the manufacturer or the authorized dealer. While it is normal to have an issue come up with your vehicle every now and then, you should be able to get it repaired, especially if the car is still under the manufacturer’s warranty period. A lemon, though, will not be fixable, even after a reasonable number of attempts. Under state lemon laws, a certain number of repair attempts that have failed to address the issue and get the car back on the road will mean that the vehicle is considered a lemon. Once this happens, you could be entitled to either a refund or a replacement vehicle, depending on the laws in your area. 

## What Are Lemon Laws?

Lemon laws are in place for consumer protection with all kinds of goods. However, vehicles are some of the most common lemon products, and they can be the most expensive to try and repair, which means that it is incredibly important that you know the state lemon laws in your region. New car lemon laws vary from state to state, with different definitions of a reasonable number of repair attempts during the car’s warranty period in order for it to be considered a defective vehicle, and the timeframe in which the issue occurs. For example, the California lemon law sets forth that the issue must happen within 18 months or 18,000 miles, whichever comes first, and that the consumer has four years from the first instance of the issue to file the lemon claim. 

The Magnuson-Moss Warranty Act is a federal lemon law that gives a baseline of protection to consumers throughout the United States. This act allows for arbitration if the warranty is breached, and it is enforced by the Federal Trade Commission. While this act mainly governs warranty wording, it lays out what should be covered under the warranty and the rights you have as a consumer. In combination with the lemon laws in your state, this federal law can help protect you from unfixable automotive problems. 

## Do Lemon Laws Only Apply to New Cars?

While most lemon laws only apply to new vehicles, a few states, such as California, Texas, and New York, have used car lemon laws. Most of the time, though, the used vehicle still has to be under warranty in order for the law to cover it. Alabama and Colorado exclude motor homes from their lemon laws, and Iowa and Kentucky have weight limits for their lemon laws, which may exclude RVs and larger vehicles. Most of the time, if you are wondering about your eligibility for a lemon law case, you will have to have purchased the car new in order to benefit from the law. 

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## How to Tell if You Have Purchased a Lemon Car

One of the most difficult things about owning a lemon car is determining whether or not it is actually a lemon. Cars have mechanical issues all the time, but that doesn’t mean that they are considered a lemon. Just because you have to take a car to the shop, you may not be able to get compensation through your state’s lemon laws. Knowing what constitutes a lemon car and some signs to watch out for will help you get help when you need it. 

__Recurring Problems__ 

One of the main criteria for a lemon car is an issue that keeps happening no matter how many times you take it to be fixed. Most of the time, once you take the car to the dealership for a repair, the problem will be fixed the first time. While there may be a recurrence of the issue once or twice, anything more than that could mean that the vehicle is a lemon. Transmission problems are especially common when it comes to lemon vehicles, and if you find yourself constantly taking the vehicle in for transmission trouble, it might be time to escalate the situation. 

__Multiple Repairs__

Having multiple repairs to fix the same issues can be a surefire sign that the vehicle is considered a lemon. The dealership should be able to solve any problems the first time and ensure that they don’t recur. However, if there is an inherent issue and work orders are constantly being generated for the vehicle, you may have a lemon on your hands. 

__Downtime__ 

A vehicle that is constantly in the shop is not a vehicle that you are getting your money’s worth from. If recurring problems are limiting your use of the vehicle, you may want to consider taking the next step. If you can’t use your car, the value does not match the purchase price, which could make it a lemon. For most states, any car that is out of commission for more than 45 days will fall under the lemon law, and you should be eligible for a replacement or a refund. 

__Safety Issues__ 

Your vehicle should always feel safe on the road, no matter what kind of driving you do or what kind of car you have. Any issue that compromises your safety should be addressed right away, and if the dealership can’t get it repaired and make sure that you and your passengers are as safe as possible, you should be entitled to a refund. Automakers take safety problems very seriously, so it is important that you do everything you can to get your car up to the highest possible standards. 

## What to Do if You Have a Lemon Car 

If it seems like your vehicle might be a lemon, it is crucial that you act quickly and be as thorough as possible. There are a few steps you have to go through to get the refund or replacement you need. By making sure that you do everything correctly, you can avoid any problems with the refund process and ensure that you get a car that will serve you well. 

__Keep Extensive Records__

It is incredibly important that you keep detailed records when it comes to your vehicle. Every time there is an issue, recording the date, time, and odometer reading is crucial. Make sure that you keep all the receipts and invoices for your visits to the dealership’s service center as well. All of this information will come in handy when you file your lemon law claim, as it will show the pattern of defective performance and all the repair attempts that got you to that point. While the dealership will most likely have its own records, you will want to have your own so you can be sure they are accurate. 

__Notify the Automaker__ 

Once you have met all the criteria for the lemon laws in your state, you will then have to notify the manufacturer. Be sure to include copies of all your documentation, especially the number of repair attempts that you have made to try and fix the issue. It is a good idea to send these documents through certified mail so you can get assurance that it has been received. In some states, it is required that you send it via certified mail, so be sure to know what the requirements are where you live. 

__Retain Representation__

In some cases, it can be incredibly beneficial to have an attorney when you have a lemon car. Many lawyers specifically focus on lemon laws, and they can walk you through the whole process. If, for example, you live in a state where you need to file an official lemon law claim, having counsel on your side to ensure that you don’t miss any steps will be well worth it. They can also make sure that you get the restitution you deserve and that the manufacturer doesn’t try to get out of paying for your new car or refunding your money for the old one. 

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## How to Avoid Buying a Lemon Car

The best way to not have to deal with owning a lemon car is to not buy one in the first place. Some car models take a while to become known as lemons, so you might not know what you are getting into before it is too late. However, there are some things you can do to protect yourself and to give yourself the best chance at buying a vehicle that will give you many years of good service. 

__Research the Vehicle__ 

Before you decide that a car is the right choice for you, it is important to know everything you can about it. If the vehicle is brand new, you may want to take a look at previous model years to see if there have been any consistent issues recently. Look up reliability ratings and other reviews of the vehicle to see if there have been problems that continue from model year to model year. This will give you a good idea of what you can expect and what to watch out for. 

__Look for Service Bulletins__

When an issue arises with a vehicle and it affects a high number of models, the auto manufacturer will put out a service bulletin. This is to notify owners that there is a design flaw or a problem in the manufacturing process that has become a large issue. When that happens, the company will generally submit a recall, and owners can bring their vehicle into the dealership’s service center to have the problem fixed. When researching a car, look for a high number of service bulletins on the company’s website to see if there have been any issues that might make the car a lemon. 

__Get a Pre-Purchase Inspection__ 

Even when you are buying a new car, it is never a bad idea to have someone take a look at it. A pre-purchase inspection is a great way to know whether or not there are any glaring issues with the design of the vehicle. Plus, an experienced mechanic who does inspections will know if a specific model is known for having problems and what you can expect in terms of maintenance costs over the years. 

__Check Dealership Reviews__

It can also be helpful to take a look at the reviews for a dealership before you buy a car there. Should any problems arise and you need to take the car in multiple times to try and repair a constant issue, you want to be sure that the dealership’s service center is accessible and communicative. You may also have to rely on them when contacting the manufacturer, so knowing that they are dependable and helpful can be a big weight off your shoulders. Look at reviews and especially look for any issues that customers may have had with the service center. Knowing that you have a good dealership on your side will help you rest easy if you suspect your car might be a lemon. 

## Final Thoughts

When you buy a new car, you hope for the best, but you never know what problems you may encounter. Fortunately, with lemon laws in place, you can be confident that you will have some recourse if your vehicle becomes unusable. Knowing what you can do if you buy a lemon car and how you can avoid buying one in the first place will give you the confidence you need when you head to the dealership to make a purchase. 

Your car's defect is irreparable and may compromise your safety and the car's function. You may have a lemon car. We look at what is a lemon car and how to avoid one.

Is My Car a Lemon? What You Can Do and How To Avoid Them in the First Place

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