Know Your Rights

My Car is a Lemon - Or is it?

Each state has its own lemon law rules.  Justice _scaleClick here to check the law in your state.  However, all consumers can be protected by federal law.  The Magnuson-Moss Warranty Act was enacted by Congress  to protect consumers when purchasing a warranted product.  Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Warranty Act.  All new vehicles are provided a warranty by the manufacturer.  Therefore, your new car is protected.

For your vehicle to be considered a "lemon", the vehicle must be under its original manufacture's warranty.  This warranty period varies depending on the manufacturer of the vehicle.   General Motors (Chevrolet, Buick, Pontiac), Ford and Chrysler for example have manufacturer vehicle warranties of 3 years/$36,000 miles.   Lincoln, on the other hand, has a longer original warranty period of 4years/50,0000. This means for a Chevy to be a lemon, the vehicle must be no older than 3 years or less than 36,000 miles, whichever comes first.   If you purchased an extended  warranty or a "certified" used vehicle, your warranty period is not extended for the purposes of the lemon law claim.  If you are unsure of your vehicle warranty period, contact us for a free consultation.

Once you determined that your vehicle is within the original warranty period, you need to review the repair history.

  • If your new vehicle has been subject to at least 3 or more repairs for the same or similar problem while within the warranty period OR has been out of service for more than thirty (30) days throughout the warranty period
  • If you believe your new vehicle still is not repaired;
  • If your vehicle is a personal vehicle and not a commercial vehicle - Then your vehicle may qualify for claims under the new car lemon laws.

If you have more than 3 repairs and/or your car has been out of service for more than 30 days, it is time to gather up your repair orders and your purchase agreement.  If you do not have all the repair orders, contact your dealer and ask for a "warranty history report".  This will provide you with a history of repairs made under the warranty. 

Call or contact an attorney today.  SmithMarco, PC has been helping consumers with lemon law claims since 2005.  We are more than happy to take the time to review this matter at no cost just to see whether you qualify.  Moreover, the laws provide that upon successful resolution of your claim the manufacturer will have to pay your attorney fees.  Thus, we take your case at no cost to you.  We have had great success helping consumers with their lemon law claims throughout the entire Midwest.  We hope you will consider giving us the opportunity to help you as well.

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