Article provided by Aiken & Scoptur, S.C. Please visit our Web site at Aiken & Scoptur, S.C. Special acknowledgement to attorney Vincent P. Megna.
When your new car does not work as it should, you expect the automaker to step in and make it right. Unfortunately, this is not how the situation typically unfolds. That is why lemon laws have been passed to protect consumers who buy or lease vehicles that turn out to be problematic.
Lemon-Law Basics
All 50 states and the District of Columbia have enacted lemon laws. Some lemon laws cover only newly purchased cars while others cover everything from leased motorcycles to recreational vehicles, but the overall spirit is the same: forcing manufacturers to replace or refund the purchase price of personal vehicles that are lemons.
In most cases, if the vehicle manufacturer refuses to provide a replacement or refund, the consumer will need to go through arbitration before taking the case to court. Typically, the arbitrator's decision is nonbinding and will not stop the case from moving forward.
This article focuses on the lemon laws of Wisconsin, Iowa, Minnesota and Michigan. For answers to specific questions about lemon law and whether it applies to your vehicle, please speak with an experienced attorney. It is important to keep repair orders and detailed records for your vehicle so that you have documentation in case of an ongoing problem.
Wisconsin Lemon Law
In Wisconsin, certain motor vehicles that have been purchased or leased qualify for lemon law protection. Cars, trucks, semi-trucks, motorcycles and motor homes that are up to a year old and still under warranty should be without problems. If these vehicles have problems that significantly affect their use, value or safety, the owners or lessees have legal recourse.
During the first year while the vehicle is under warranty, if the dealer tries and fails four times to fix the same problem or the vehicle has been out of service for at least 30 days, the owner or lessee of the vehicle should pursue a replacement or refund of the vehicle.
Iowa Lemon Law
Iowa's lemon law covers owned or leased vehicles for the period of the manufacturer's warranty, two years after original delivery of the vehicle or 24,000 miles, whichever occurs first. The law does not cover motorcycles or motor homes.
If an authorized repair shop has attempted to fix the same problem at least three times or the vehicle has been out of service for at least 20 days, the vehicle is likely to qualify as a lemon. The owner or lessee can seek a replacement or refund.
Minnesota Lemon Law
In Minnesota, motor vehicles such as cars, pickup trucks and vans are covered by lemon law. The van portions of recreational vehicles are covered, too, but the living areas aren't; more simply, the motors, but not the homes, in motor homes are covered. In most situations, the coverage lasts for two years or the length of the warranty period, whichever ends earlier.
If the manufacturer or authorized dealer fails to fix the problem in four attempts, the vehicle is out of service for repairs for 30 cumulative days or more or a serious failure of the steering or braking system is not repaired in one attempt, the owner or lessee may be eligible for a replacement or refund.
Michigan Lemon Law
Finally, Michigan's lemon law applies to passenger vehicles that have a reported problem within one year of purchase or beginning of a lease, or during the period of warranty coverage, whichever is shorter.
If the same problem is not repaired in four attempts or the vehicle is out of service for 30 or more cumulative days for repairs, the owner or lessee is free to pursue a replacement or refund.
Lemon law is a powerful tool for owners and lessees of problematic motor vehicles. If you have a problem with your vehicle, keep meticulous records, be aware of your rights and speak with an attorney if you have questions.