If you buy a new car that spends more time in the repair shop than on the road, then the good news is that there are specific legal protections designed to keep consumers like you out of harm’s way.
We are of course talking about lemon laws, variations of which exist in every single state nationwide – with the idea being that automakers are responsible for buying back seriously faulty vehicles, rather than leaving customers lumbered with them.
This is a well-known concept, but what’s happening as vehicles become more sophisticated – packed with digital interfaces and even AI-driven features – is that these laws need to adapt.
Here’s a look at the state of play, and why it matters to consumers and legal professionals alike.
Understanding the Basics
Essentially, lemon laws are consumer protection statutes designed to offer remedies to buyers of defective vehicles that fail to meet quality and performance standards. With 3.12 million cars sold in 2023, and 43% of new vehicles exhibiting issues within 3 months of purchase, plenty of people are in need of this law.
Factors at play here include:
- Eligibility Criteria: To qualify for protection under lemon laws, your vehicle must meet specific requirements set out by the state. This usually involves a certain number of attempted repairs or a prolonged period during which the vehicle is unusable.
- Coverage Scope: Initially conceived for cars, these protections have expanded to include trucks, motorcycles, and in some states, even boats and recreational vehicles.
- Remedies Offered: Consumers may receive a replacement vehicle or a full refund – minus a fee for usage from the time of purchase until the defect was first reported.
For example, suppose you consult with a lemon law attorney in Los Angeles, CA. They will explain that California’s Lemon Law applies not only when your new vehicle spends 30 cumulative days in repair within its first year but also under specific warranty breaches during this period.
If a manufacturer puts up a fight, having this kind of expertise on your side will be valuable – and since attorney fees can also be claimed back under California’s lemon law, it’s doubly worth doing.
Adapting Lemon Laws for Modern Vehicles
As automobiles incorporate more technology, distinguishing a lemon from a temporary glitch requires new legal interpretations. Here’s how lemon laws are having to keep pace with the tech surge in automotive design:
- Software Failures: Modern cars are effectively computers on wheels, complete with software that controls everything from navigation to braking systems. Reports suggest that VW Group vehicles are especially susceptible to software gremlins – but all manufacturers have this concern for consumers to keep in mind to some degree. When these systems have persistent malfunctions, they can qualify as lemons if the issues significantly impair the vehicle’s use, value, or safety.
- Electric and Hybrid Vehicles: The rise of electric vehicles (EVs) introduces complexities like battery life discrepancies and electric motor faults – with one report suggesting that they have 79% more issues when new than combustion engine vehicles. These elements are now being integrated into lemon law cases – since they generally fall under the aforementioned eligibility criteria.
- Autonomous Features: As semi-autonomous and fully autonomous vehicles enter the market, undefined territories in liability and functionality benchmarks under lemon laws need to be explored.
For instance, imagine an EV fails to deliver its promised range repeatedly despite several repair attempts. Under lemon laws in some states, this could allow the vehicle owner to pursue claims similar to those made for conventional mechanical defects.
It’s just a case of ensuring that either specific, unambiguous changes are made to legislation – or that consumers are advised to seek legal advice so that professionals can argue their case under the remit of existing lemon laws.
Final Thoughts
It’s clear that more needs to be done to bring lemon laws kicking and screaming into the modern age – ideally aligning all states with California’s pro-consumer stance on this issue. Until then, drivers must keep their wits about them, and keep a good lawyer in their contacts.
