Your rights
What is the lemon law, and what if your new car keeps failing?
Key points
- When it applies
- A defect under the manufacturer's warranty that is still there after 4 repair attempts, or after about 30 days in the shop, within a set time from delivery (California, Texas, New York). Florida counts 3 attempts plus a final one.
- Time limits
- 18 months or 18,000 miles in California, 24 months or 24,000 miles in Texas, 24 months in Florida, 2 years or 18,000 miles in New York, whichever comes first.
- Remedy
- A refund (a buyback) or a replacement from the manufacturer, minus a charge for your use. In California, Florida and New York you can choose the refund.
- Free help
- California's certified arbitration is free. A Texas TxDMV complaint costs $35. New York's Attorney General runs an arbitration program; the fee comes back if you win.
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A lemon law makes a carmaker buy back or replace a new vehicle it can't fix. It applies when a defect covered by the manufacturer's warranty substantially impairs the car's use, value or safety, and the manufacturer or its dealers can't fix it after a reasonable number of tries. You then get a refund or a replacement, usually minus a charge for the miles you drove. The manufacturer, not the dealer, is responsible.
Below: what makes a car a lemon in California, Texas, Florida and New York, the written notice each state wants, the state programs, what a buyback pays and the deadlines. Then used cars, the federal Magnuson-Moss Warranty Act, and attorney fees. The FTC's 3-day cancellation rule is a different law, and it doesn't cover cars sold by a dealer with a permanent place of business.
What is the lemon law, and is my car a lemon?
The four states on this page use the same basic test. Your vehicle may be a lemon when all of these are true:
- It came with the manufacturer's warranty, and the defect is covered by it. In California, extended warranties don't count.
- The defect is substantial: it impairs the car's use, value or safety. Texas gives minor rattles and radio static as examples of what doesn't count.
- The manufacturer or its dealers had a reasonable number of repair attempts and the defect is still there. Each state presumes a number is reasonable; see the state rules.
- You reported it in time: during the warranty in Texas and California, during the first 24 months in Florida, or during the first 18,000 miles or 2 years in New York.
- The defect doesn't come from an accident, abuse, neglect or changes made by someone the manufacturer didn't authorize.
- Which vehicles. New cars, trucks and vans. California, Florida and New York cover vehicles used mainly for personal, family or household purposes, and California also covers some small-business vehicles. Motorcycles are covered in Texas and New York but not in California or Florida.Civ. Code § 1793.22(e)(2) · Fla. Stat. § 681.102(4), (14) · TxDMV · NY AG
- The manufacturer pays, not the dealer. California's arbitration program says the manufacturer, not the dealership, would repurchase or replace your vehicle. Florida's law creates no lemon law claim against a dealer.California ACP · Fla. Stat. § 681.113
Lemon law by state: California, Texas, Florida and New York
Each state presumes that the manufacturer has had a reasonable number of attempts once you pass one of its tests. The tests count repair visits for the same defect, or the total days the car was out of service for repairs.
| State | Presumed a lemon after | Counted within | Deadline to file |
|---|---|---|---|
| California | 4 repairs of the same defect, or 2 if it can cause death or serious injury, after you notify the manufacturer directly at least once; or more than 30 days out of service. Civ. Code § 1793.22(b) | 18 months or 18,000 miles from delivery, whichever comes first. The lemon law protects you for the whole original warranty. § 1793.22(b) · ACP FAQ | The Tanner Act sets no filing date of its own. Time your claim spends in a certified arbitration program is added to any court deadline. § 1793.22(c) |
| Texas | 4 repairs of the same defect, or 2 for a serious safety hazard; or 30 or more days out of service, not counting days with a comparable loaner. Occ. Code § 2301.605 | Before the warranty ends or 24 months or 24,000 miles after delivery, whichever is first. § 2301.605(a) | A TxDMV complaint within 6 months after the earliest of: the warranty ends, 24 months or 24,000 miles. § 2301.606(d) |
| Florida | 3 repairs of the same defect plus a final attempt after you write to the manufacturer; or 30 or more days out of service. Fla. Stat. § 681.104(3) | The Lemon Law rights period: 24 months after delivery. § 681.102(9) | Ask for arbitration no later than 60 days after the rights period ends; sue within 1 year after it ends or after the arbitration ends. §§ 681.109(4), 681.112(2) |
| New York | 4 repairs of the same defect, or 30 or more days out of service. Gen. Bus. Law § 198-a(d) | 18,000 miles or 2 years from delivery, whichever comes first. § 198-a(b) | A lawsuit within 4 years of delivery. § 198-a(j) |
These are presumptions, and the manufacturer can rebut them. It can argue that the defect doesn't substantially impair the car, or that it came from abuse, neglect or unauthorized changes.
Telling the manufacturer in writing
Visits to the dealer are not always enough. Each state wants the manufacturer itself to hear about the defect, and Florida and New York name the kind of mail to use.
- California. For the 2- and 4-repair tests, you must have notified the manufacturer directly at least once, if the warranty or owner's manual told you so. Send it to the address given there.Civ. Code § 1793.22(b)
- Texas. TxDMV can order a refund or replacement only if the manufacturer got written notice of the defect and a chance to fix it. TxDMV suggests certified mail.Occ. Code § 2301.606(c) · TxDMV
- Florida. After 3 repair attempts, write to the manufacturer by registered or express mail to allow a final repair. It has 10 days to respond, then 10 days to fix the car once you bring it in. After 15 days out of service, also write to it by registered or express mail.Fla. Stat. § 681.104(1)
- New York. Report the problem to the manufacturer or its dealer during the first 18,000 miles or 2 years. A dealer that hears about it must notify the manufacturer within 7 days. If the dealer refuses to repair within 7 days, write to the manufacturer by certified mail, return receipt requested; it then has 20 days to start repairs.Gen. Bus. Law § 198-a(b)
How to file a lemon law claim, step by step
- Read your warranty and owner's manual. They say what is covered, where to write to the manufacturer, and whether it has a dispute program you must try first.
- Report every problem while the warranty runs. Take the car to an authorized dealer each time, and make sure the problem is fully described on the repair order.
- Keep a record. Keep all repair orders, letters and receipts, and a log of each problem with the date, time and place.
- Write to the manufacturer. Describe the defect and the repair visits, and ask for a final repair or for a refund or replacement. Use the kind of mail your state asks for: see written notice.
- Use your state's program. A certified arbitration program in California, a TxDMV complaint in Texas, the arbitration board in Florida, or the Attorney General's program in New York: see arbitration.
- Watch the deadline. Texas: 6 months after the warranty, 24 months or 24,000 miles end, whichever is first. Florida: 60 days after the 24-month rights period. New York: 4 years from delivery to sue.
- Keep paying your loan or lease. New York's Attorney General warns that if you fall behind, the car may be repossessed, and then you may not be able to return it for a refund.
- Decide on the result. In California and New York, if you accept an arbitration decision, the manufacturer must carry it out within 30 days.
Lemon law arbitration and state complaint programs
A lemon claim can be decided without a lawsuit. Each state runs or oversees a program:
| If… | What to do | Good to know |
|---|---|---|
| Your car is in California | If your manufacturer has a state-certified arbitration program, apply there. The Department of Consumer Affairs' Arbitration Certification Program lists them by brand. You can present your case in person, by phone, virtually or in writing. | It is free and you don't need a lawyer. Decisions usually come within 40 days. If you accept, the manufacturer must comply within 30 days. No certified program? You can go to court or try mediation through the New Motor Vehicle Board. |
| Your car is in Texas | File a lemon law complaint with TxDMV, with the $35 filing fee, and give the manufacturer notice and a last chance to repair. TxDMV first tries mediation; if that fails, a hearing examiner hears both sides. | The written decision comes within 60 days after the hearing closes. Either side can ask for a rehearing, then appeal to a district court in Travis County. You must use this process before a court can order a refund or replacement under the lemon law. |
| Your car is in Florida | If the manufacturer has a certified procedure, file there first. If it has none, doesn't decide within 40 days, or you are not satisfied, apply to the state's Department of Legal Affairs. It sends qualifying disputes to the Florida New Motor Vehicle Arbitration Board, whose members the Attorney General appoints. | You must go to the department, and to the board if your dispute qualifies, before suing. The board hears the case within 40 days and decides within 60 days. A manufacturer that loses must comply within 40 days. |
| Your car is in New York | Send the Attorney General's request-for-arbitration form by email to nyag.lemonlaw@ag.ny.gov or by mail. If it is accepted, the New York State Dispute Resolution Association schedules a hearing no later than 35 days after it gets your filing fee. | You can instead use the manufacturer's own program or go to court. If you win, the award includes your filing fee. If the manufacturer doesn't comply within 30 days after you accept, it owes $25 for each business day, up to $500. |
California's program says it will ask for your repair orders, the sales contract and the registration, and advises explaining clearly how the issues affect the car's use, value or safety. The arbitrator may inspect or test-drive the car.
Lemon law buyback: what a refund or replacement includes
- California. A refund (restitution) is the price paid or payable, including transportation and factory options but not dealer add-ons. It adds taxes, license and registration fees, and costs such as repairs, towing and a rental car. The manufacturer may subtract your use before the first repair visit: the price times the miles driven before that visit, divided by 120,000. You can always choose the refund over a replacement.Civ. Code § 1793.2(d)(2)
- Texas. A refund is the purchase price, including taxes, title and license fees, minus a charge for use set by a formula that looks at the miles at the time of the hearing. It doesn't include interest you paid. A replacement is a comparable vehicle. The manufacturer also reimburses reasonable incidental costs.Occ. Code § 2301.604(a) · TxDMV
- Florida. Within 40 days, the manufacturer must refund the full purchase price, with collateral and incidental charges, minus an offset: the miles you drove times the base price, divided by 120,000. You have an unconditional right to choose a refund over a replacement.Fla. Stat. §§ 681.104(2)(a), 681.102(19)
- New York. The refund is the full purchase price with the trade-in allowance, plus license and registration fees. The manufacturer can deduct only for miles over the first 12,000: the extra miles times the price, divided by 100,000. A $20,000 car with 15,000 miles loses $600. Loss of use, insurance and finance charges are not included.Gen. Bus. Law § 198-a(a)(4), (c) · NY AG
Does the lemon law cover used cars?
Usually only while the manufacturer's original warranty still covers the car. New York is the exception: it has a separate used car lemon law that makes the dealer give a warranty.
- New York: the used car lemon law. A dealer must give you a written lemon-law warranty on a used car that cost at least $1,500 and had fewer than 100,000 miles. It lasts 90 days or 4,000 miles if the car had 18,001 to 36,000 miles, 60 days or 3,000 miles for 36,001 to 79,999, and 30 days or 1,000 miles for 80,000 to 100,000. It covers the engine, transmission, drive axle, brakes, steering and a few other parts. After 3 failed repairs or 15 days out of service, you may get a full refund, with no deduction for mileage. You have 4 years to act. Private sales are not covered.Gen. Bus. Law § 198-b · NY AG
- California. A used vehicle is covered if the manufacturer's new car warranty is issued with the sale.California ACP FAQ
- Texas. Only new vehicles can get a refund or replacement. A used vehicle still under the manufacturer's original warranty may get repair help under Texas warranty performance law.TxDMV
- Florida. The law covers new vehicles. Anyone the car is transferred to during the 24-month Lemon Law rights period is covered too.Fla. Stat. § 681.102(4), (14)
- Every state: the Buyers Guide. Dealers must display a Buyers Guide on every used car they offer for sale, saying whether it is sold as is or with a warranty. Without a written warranty, implied warranties still cover the car unless it is sold as is, and they can last as long as four years in some states.FTC
Federal law: the Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties, including the warranty on your car. The state lemon laws say they don't limit rights you have under other laws.
- A full warranty means a refund or replacement. If a product under a full warranty still has a defect after a reasonable number of repair attempts, the warrantor must let you choose a refund or a free replacement. Check whether your warranty is labeled full or limited.15 U.S.C. § 2304(a)(4)
- You can sue for a broken warranty. A consumer harmed when a warrantor doesn't honor a written or implied warranty can sue for damages in a state court. A federal court hears the case only if the claims add up to at least $50,000.15 U.S.C. § 2310(d)(1), (3)
- Costs and attorney's fees. If you win, the court may order the warrantor to pay your costs and attorney's fees, based on the time actually spent.15 U.S.C. § 2310(d)(2)
- A dispute program first, if the warranty says so. A warranty can require you to try the company's dispute program before suing under the federal act, if the program meets the FTC's rules.15 U.S.C. § 2310(a)(3) · 16 C.F.R. part 703
What the dealer or manufacturer may say, and what you can say
“We couldn't find anything wrong.”
You can say: “Please write the problem I reported on the repair order, with today's date and the mileage, even if you couldn't fix it.”
“That's normal for this model.”
You can say: “The same defect is still there after these repairs, and it affects the car's use, value or safety. I'm asking the manufacturer in writing for a final repair.”
“That's the dealer's problem, not ours.”
You can say: “Under the lemon law, the manufacturer is responsible for a buyback or replacement. I'm sending my notice to the address in my warranty.”
“We can only offer a replacement.”
In California, Florida or New York, you can say: “I choose a refund. The law lets me choose it instead of a replacement.”
“You'll pay for every mile you drove.”
You can say: “The law sets the deduction for use. Please send me the calculation in writing.”
“You signed a contract that waives this.”
In Florida or New York, you can say: “An agreement that waives my lemon law rights is void.”
A phone call doesn't replace the written notice your state requires. Send the letter even if you have already told the manufacturer.
Do I need a lemon law attorney, and who pays the fees?
California's certified arbitration says you don't need to hire an attorney; if you hire one anyway, the fees may not be covered unless the manufacturer allows the arbitrator to include them. TxDMV says its process can be less complicated and less expensive than going to court. In court, these laws let a consumer who wins recover attorney's fees:
- California. A buyer who wins recovers costs and expenses, including attorney's fees based on the time spent. If the manufacturer willfully failed to comply, the court may add a civil penalty of up to two times the damages.Civ. Code § 1794(c)-(e)
- Florida. A consumer who wins a lawsuit under the lemon law gets any money lost, litigation costs and reasonable attorney's fees.Fla. Stat. § 681.112(1)
- New York. A court may award reasonable attorney's fees to a consumer who wins, for new and used cars.Gen. Bus. Law § 198-a(l) · NY AG
- Federal law. A consumer who wins a Magnuson-Moss case may recover costs and attorney's fees.15 U.S.C. § 2310(d)(2)
Texas: the TxDMV complaint has a $35 filing fee, and TxDMV suggests calling its Lemon Law Section or consulting a lawyer, because the deadline and other requirements are very specific.
Free help and where to complain
These state offices answer lemon law questions. In Florida, the dealer must give you a written statement of your lemon law rights with a toll-free number for the Department of Legal Affairs when you get the car.
Common questions
How many repair attempts does the lemon law require?
It depends on the state. California, Texas and New York presume a lemon after 4 attempts to fix the same defect, or about 30 days in the shop, within a set time. California and Texas need only 2 attempts for a defect that is a serious safety risk. Florida counts 3 attempts plus a final repair after written notice. California's program says there must be at least two repair attempts.
Does the lemon law cover used cars?
In New York, yes: a dealer must give a lemon-law warranty on a used car that cost at least $1,500 and had fewer than 100,000 miles. In California, a used car is covered if the manufacturer's new car warranty comes with the sale. Texas offers repair help for used vehicles still under the original warranty, but no refund or replacement. See used cars.
How long do I have to file a lemon law claim?
Texas: a TxDMV complaint within 6 months after the warranty ends or 24 months or 24,000 miles pass, whichever is first. Florida: ask for arbitration no later than 60 days after the 24-month rights period ends. New York: sue within 4 years of delivery. In California, the lemon law protects you for the whole original warranty.
What is a lemon law buyback?
The manufacturer takes the car back and refunds what you paid, including taxes and fees, minus a charge for your use. California and Florida base the charge on 120,000 miles; in New York only the miles over 12,000 count. See buyback and refund.
Is lemon law arbitration free?
In California, state-certified arbitration is free. Texas charges a $35 filing fee for a TxDMV complaint. New York's program charges a filing fee and returns it if you win.
Can I buy a car that was returned as a lemon?
Yes, but you must be told. In New York, the dealer must give you a written disclosure, and the DMV prints it on the title. In Texas, a disclosure statement goes with the car, and the manufacturer must fix the defect and give a new 12-month, 12,000-mile warranty. In California, the defect must be disclosed and fixed, and the manufacturer must warrant the car against it for one year.
Official sources
- California Department of Consumer Affairs, Arbitration Certification Program: Frequently asked questions (lemon law) dca.ca.gov
- California Arbitration Certification Program: State-certified arbitration information dca.ca.gov
- California Civil Code § 1793.22: Tanner Consumer Protection Act (the lemon law presumption) leginfo.legislature.ca.gov
- California Civil Code § 1793.2: replacement or restitution for a new motor vehicle leginfo.legislature.ca.gov
- California Civil Code § 1794: damages, civil penalty and attorney's fees leginfo.legislature.ca.gov
- Texas Department of Motor Vehicles: Texas Lemon Law txdmv.gov
- Texas Occupations Code, Chapter 2301, Subchapter M: warranty performance, refund or replacement tcss.legis.texas.gov
- Florida Statutes, Chapter 681 (2026): Motor Vehicle Warranty Enforcement Act flsenate.gov
- New York Attorney General: Lemon law program ag.ny.gov
- New York Attorney General: New car lemon law, a guide for consumers (with General Business Law § 198-a) ag.ny.gov
- New York Attorney General: New-car lemon law fact sheet ag.ny.gov
- New York Attorney General: Used car lemon law, a guide for consumers (with General Business Law § 198-b) ag.ny.gov
- New York Attorney General: Used-car lemon law fact sheet ag.ny.gov
- FTC: Businessperson's guide to federal warranty law (Magnuson-Moss Warranty Act) ftc.gov
- FTC: Warranties consumer.ftc.gov
- FTC: Buying a used car from a dealer (the Buyers Guide) consumer.ftc.gov
- 15 U.S.C. § 2304: Federal minimum standards for warranties (refund or replacement) govinfo.gov
- 15 U.S.C. § 2310: Remedies in consumer disputes (Magnuson-Moss Warranty Act) govinfo.gov
- USA.gov: State consumer protection offices usa.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.