State lemon laws vary greatly in their interpretation of the federal laws. The federal statutes say that “consumers” can be protected by law if they receive a “defective” product that cannot be repaired by a “reasonable number of attempts” by the manufacturer. Now, there are a number of ways to decipher what problems are covered. For instance, if someone’s window doesn’t roll down or the radio doesn’t work, should they be entitled to a replacement vehicle? Also, there are different ideas about what a “reasonable” number of attempts to repair may be. For some states, it’s as few as one attempt to fix a serious defect, and as much as four repairs done on the same part or eight repairs on various parts.

When it comes to automobile lemon laws for the different states, the Ohio lemon law is one of the best. For example, instead of covering consumers for 1-2 years, Ohio law allows consumers up to five to file their complaint. The law may apply to passenger vehicles carrying nine or fewer people, ride-sharing vehicles not carrying more than fifteen people, farm trucks that carry less than a ton and are used for personal reasons, noncommercial motor vehicles and any parts of motor homes that are not used for cold storage, cooking, eating or sleeping. Most states do not cover motor homes at all, so Ohio law is a little more liberal in its translation. A “reasonable number of repair attempts” is defined as three or more times in a year or 30 days of downtime to fix the same problem, eight or more attempts to repair any nonconformity, or one attempt to repair a nonconformity that could cause serious injury or death if not repaired.

According to Michigan lemon law, eligible vehicular cases specifically include passenger vehicles, sport utility vehicles (SUVs), pickup trucks, vans, new purchases and new leases. As with most state lemon laws, buses, semi-trucks and motor homes are not included. A special provision under the definition of a “consumer” in Michigan is that he or she may not have purchased or leased more than 10 motor vehicles a year, unless they are used for personal, family or household reasons. If a defect is discovered in the first year/12,000 miles, the manufacturer then has up to four tries to repair the vehicle. A consumer with a car that is out of service for 30 or more days during the express warranty period (or first year) can receive a replacement or cash back.

State lemon laws are a consumer’s best defense, since they interpret the vague federal laws. For instance, what constitutes as a “consumer?” In the Wisconsin lemon law, a “consumer” eligible for protection under the law can be the purchaser of a new motor vehicle, not including those who buy the vehicle to resell; a person who received a new vehicle as a transfer (not as a resale); or a person who leases a motor vehicle. Not every vehicular lemon law covers lease-purchase vehicles, but Wisconsin’s does, at least prior to the purchase date. Like most states, a moped, trailer or truck is not covered under their statutes. Also, the law covers “vehicle nonconformities,” which are defined as something covered by the manufacturer’s express warranty that substantially impairs the “use, value or safety” of the automobile.

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Tags: attorney advice, car lemon, lawyer help, state laws, texas lemon law

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