Lemon FAQ

Lemon FAQ 2018-01-09T07:52:53-08:00
No.  The Lemon Law requires the manufacturer to pay the consumer’s attorneys fees and costs if the consumer prevails.  The consumer pays nothing.  In most cases, the Scott Law Group PC takes cases on a contingency fee basis and agrees to collect its fees directly from the manufacturer if the consumer prevails or settles their claim.
Generally, yes.  The Lemon Law applies if the used vehicle is still covered by the warranty.
Yes.  The Lemon Law applies as long as the vehicle has a problem that occurs during the warranty that has been subject to a reasonable number of repair attempts.  Even if the warranty is expired, the Lemon Law may apply if the problem was subject to a repair attempt during the warranty period that turned out to be unsuccessful.
The Lemon Law does not define what a reasonable number of repair attempts is.  The nature of the defect, repair and days out of service are among the factors that define reasonableness.
Yes.  As long as the business has no more than five vehicles registered in the state, and the vehicle’s gross vehicle weight does not exceed 10,000 pounds.  Gross vehicle weight means the actual weight of the vehicle as it is actually configured not the total weight the vehicle can carry.
No.  The Lemon Law does not require a consumer to go to arbitration first before perusing a Lemon Law claim.
No. You are not obligated to do so. Don’t do it.
It’s a rigged game. Just like a casino, the odds are in favor of the house and the manufacturer owns the house. The arbitrators are hired by the manufacturers. They are paid by the manufacturers. They want repeat work from the manufacturers. And, they get repeat work from the manufacturers for a reason. Rest assured that the reason is not because consumers get good results.  Don’t do it.
No.  As long as the dealership has had a reasonable number of repair attempts to fix the vehicle.
If your motor vehicle came with an express warranty, then the Lemon Law applies. The Lemon Law applies to motorhomes, jet skis, motorcycles, dirt bikes, boats, yachts, scooters and of course cars. Express warranties between these different types of products can be very different. Even within each product category, the manufacturer may issue different types of warranties of varying duration and scope. The written terms of the express warranty will define what is covered. What you need to know is that if you own a motor vehicle, jet ski, motorcycle, dirtbike, boat, yacht, or any other motor vehicle, then you are protected by the law.
“NPF” means no problem found. Oftentimes a manufacturer’s dealership is unable to diagnose/troubleshoot a customer’s concern. Frequently this is the situation with an intermittent concern that may happen every 100, 300 or 500 miles. When you present your vehicle for repair, the dealership may only test drive your vehicle for 3 miles. The concern does not occur, and they write NPF. This is the manufacturer’s code for “there is no problem with this vehicle.” Don’t be for fooled by this.  An NPF counts as a repair attempt. If the dealership is unable to diagnose/troubleshoot your vehicle concern, then you should consult an attorney to see what rights you may have.
There is much confusion among consumers, and within the automotive industry, about the so-called 30 day rule. The 30 day rule is a reference to the “presumption.” The Lemon Law provides for a presumption that the manufacturer had a reasonable number of repair attempts if, within the first 18,000 miles or 18 months either (1) the same defect results in a condition that is likely to cause death or serious bodily injury and the defect was subject to two or more repair attempts; (2) the manufacturer attempted to repair the same defect four or more times and was unable to do so; or (3) the vehicle has been out of service for 30 or more days due to repairs by the manufacturer or its representative. If either of these conditions are met, then a jury can assume that the manufacturer had a reasonable number of repair attempts. This does not mean that in order for the vehicle to qualify under the Lemon Law, the repair history must fall within one of the three stated categories.

What you need to know is that if you have a problem with your vehicle that first occurred within the term of the express warranty that the manufacturer has been unable to repair after a reasonable number of repair attempts, or refuses to repair, then you have rights under the Lemon Law. Each case is different, and so it’s important for you to consult with a lawyer.

No. It’s that simple. Although, it is good practice to have all repairs performed by the manufacturer’s authorized repair facility while the vehicle is still under warranty.