Aviation Attorney

State lemon laws are defined to protect consumers from disingenuous business dealings and also to protect manufacturers from fraudulent, “sue-happy” consumers. In all fairness, manufacturers must be allowed a reasonable amount of time and number of attempts to fix the problem. In some cases, it’s a documented defect that was discovered after the vehicles had been dispensed to dealers and the nonconformity may be fixed easily. Yet, in other cases, lemon car vehicles have been tampered with to reduce mileage, resold from automobile crashes or sold despite serious safety concerns. While laws vary from state to state, they’re all geared toward keeping American roadways safe.

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.

The Florida lemon law covers cars and trucks sold in Florida, including demonstrators, recreational vehicles and leased vehicles, but not including motorcycles or the living facilities of the motor homes (flooring, plumbing, fixtures, heating/cooling, generator, electrical systems). Not all state lemon laws clearly define which “defects” or “nonconformities” are covered, but Florida local laws specifically mention “conditions,” such as the vehicle failing to start or overheating as cause for a lemon law case. The lemon law rights period extends for two years, rather than one, in which time a consumer must take the vehicle in for service. The “reasonable” attempts of repairs can be the same nonconformity repaired three times, plus a final attempt after receiving a “demand” letter or a vehicle that has been out of service for 30 days (passenger cars) or 60 days (motor homes) for maintenance.

State lemon laws may allow a manufacturer up to four times to correct defects, but not always. For instance, the Georgia lemon law says that a consumer may be eligible for a refund or replacement after just one attempted repair at a serious impairment. Safety defects in the braking or steering systems are simply not tolerated under Georgia law. Other defects allow the manufacturer an additional try to repair the vehicle again during the first two years or 24,000 miles before the lemon law for Georgia applies. In some states, the vehicle must be out of service for 30 days (or repaired four times) within the first year before a consumer can cash in. However, in Georgia, the vehicle must be out of service for just 15 days during the first 12,000 miles and 30 days during the first two years. In this state, new vehicle purchasers, those who lease and small business owners (making $100,000 or less per year) are all eligible for consumer protection.

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