A lemon is just about any vehicle (including cars, boats, motorcycles and RVs), that has substantial defects that interfere with its use, safety or market value. In general, if the vehicle has been in the shop more than four times for the same problem within the first year or two of ownership, it may be considered a lemon.

Laws vary from state to state. You can look up your individual state laws here. Many state lemon laws not only cover vehicles, but other types of consumer products such as computers and wheelchairs.

How do I know if my car is a lemon?

The key to most lemon laws is the term “substantial.” So, for example, issues like faulty brakes or poor acceleration—which impact the usage and safety of a vehicle—would likely be considered substantial defects.

On the other hand, superficial or cosmetic problems are generally not covered by lemon laws. Peeling paint, mysterious noises or other issues that don’t interfere with driving—and don’t put you or your passengers at risk—are not considered to be defects that make your car a lemon.

What about leased or used cars?

New car sales aren’t the only types of transactions that are covered under lemon laws. Depending on the state you live in, leases and used car sales may be as well.

In the case of a used car purchase, one of the main issues is disclosure of known defects. If an owner is aware of previous damage or some other significant issue, but doesn’t disclose it to you at the time of sale, he or she may be liable for problems that arise from it.

What are my rights?

In order to preserve your rights under a lemon law, you’re responsible for reporting a defect to the seller and giving them an opportunity to repair it. If you make reasonable attempts to get a problem fixed but it can’t be repaired, there’s a good chance the car is a lemon and is covered under the law.

For more information on the lemon laws in your state, please contact a qualified attorney.