You’ve just bought yourself a new car, and it’s already giving you grief. The engine might stall every time, the brakes might screech frequently, or the electronics might malfunction once a week. When repeated repairs don’t fix the issue, you start wondering:
Did I buy myself a lemon? And most importantly, who am I holding responsible for its repair, the manufacturer or the dealer who assembled it? This is where lemon laws come in. Consumer protection laws exist to help car buyers who have purchased defective vehicles, but it can be challenging to determine who is liable: the dealer or the manufacturer. That’s why you need to work with a trusted attorney for lemon law disputes.
They can help you understand your rights, complete the necessary documents, and obtain compensation or replacement that you are legally entitled to. Here’s what you need to know.
What the Lemon Law Covers
Lemon laws are state laws but typically apply to brand-new vehicles with a material defect in safety, usage, or value that the maker cannot correct after making a good-faith attempt. Lemon laws in some states extend to used cars or leased cars under specified conditions.
For your car to qualify, it typically must:
- Be under warranty
- Contain a reported defect within a particular time or mileage limit (e.g., 12 months or 12,000 miles)
- Remain unrepaired after several repair attempts or wait in the repair shop for a set number of days
If all these criteria are met, the law may force the manufacturer to replace your vehicle or reimburse you.
The Manufacturer Is Usually Legally Responsible
Under most lemon laws, the manufacturer is held primarily responsible, not the dealer. Why? Because dealers sell the car, but they don’t make or design it. Defects in manufacturing or design fall squarely on the automaker.
That said, the manufacturer usually doesn’t deal with you directly at first. They authorize repairs through the dealer’s service department. However, if your vehicle can’t be repaired, your claim typically proceeds through the manufacturer. You’ll likely need to notify them formally and may be asked to go through arbitration before filing a lawsuit.
When the Dealer Might Share Responsibility
There are cases where the dealer could be partly at fault, including:
- Selling you a car they knew had defects
- Failing to disclose damage or past issues (like flood or accident damage)
- Falsifying service records
- Refusing to complete repairs they are authorized to perform under warranty
If the dealer acted deceptively or knowingly sold a problem vehicle, you might have a separate legal claim for fraud or misrepresentation, in addition to any lemon law protections.
What You Should Do If You Suspect a Lemon
- Document everything – Keep a record of all repair visits, service reports, and communications with the dealer or manufacturer.
- Report issues early – The sooner you document the problem under warranty, the better.
- Know your state’s lemon law – Each state has its requirements and timelines. Some even include a used-car lemon law.
- Notify the manufacturer in writing – This starts the official process. They may offer arbitration or request additional repair attempts.
- Consult a lemon law attorney – These cases can be complex. Many attorneys offer free consultations and only get paid if you win.
When your “new” car turns out to be a nightmare, knowing who’s responsible makes all the difference. In most lemon law cases, the manufacturer is ultimately accountable for repairing, replacing, or refunding the defective vehicle. However, the dealer might also be liable if they acted dishonestly or failed to follow the rules.
The good news? Lemon laws are designed to protect you, the buyer. If your car qualifies, you have legal options, and you don’t have to deal with the problem alone. Keep good records, know your rights, and don’t be afraid to speak up if you think you bought a lemon.
