Search

This appendix analyzes state new car “lemon laws.” Practitioners should use this appendix for easy reference to their own state’s statute, and to compare their statute with other states’ laws. All fifty states and the District of Columbia now have new car lemon laws. This analysis is a summary and should be used as a beginning to a thorough reading of the statute itself. As terms are not always defined in a statute, it may be helpful to determine how another state has defined a term or how a court has interpreted the statute.

Ala. Code. §§ 8-20A-1 to 8-20A-6

Vehicles covered: All vehicles, new or previously untitled, that are under 10,000 lbs., self-propelled, and intended primarily for operation on public highways (§ 8-20A-1(2)). Excludes motor homes. No reference to leased vehicles.

Persons covered: Purchasers or any persons entitled to enforce the warranty if vehicle used in substantial part for personal, family, or household purposes (§ 8-20A-1(1)).

Alaska Stat. §§ 45.45.300 to 45.45.360

Vehicles covered: Vehicles normally used for personal, family, or household purposes and registered under Alaska Stat. §§ 28.10.011 to 28.10.661; excludes tractors, farm vehicles, and off-road vehicles (§ 45.45.360(6), (8)). No reference to leased vehicles. Alaska also has a lemon law for boats, all-terrain vehicles (ATVs), snowmobiles, and similar vehicles: Alaska Stat. §§ 45.27.100 to 45.27.395 (§ 45.27.190).

Ariz. Rev. Stat. Ann. §§ 44-1261 to 44-1267

Vehicles covered: Vehicles under 10,000 lbs. that are designed primarily for transportation of persons or property; excludes living portions of motor homes (§ 44-1261(A)(2), (B)). Includes used motor vehicles (§§ 44-1261(A)(3), 44-1267). No reference to leased vehicles.

Persons covered: Purchasers, transferees during express warranty period, or any person entitled to enforce the warranty (§ 44-1261(A)(1)).

Ark. Code Ann. §§ 4-90-401 to 4-90-417

Cal. Civ. Code §§ 1793.1 to 1795.8, 1793.22 to 1793.26 (West)

Colo. Rev. Stat. §§ 42-10-101 to 42-10-107. See also Colo. Rev. Stat. §§ 44-20-124, 44-20-131

Vehicles covered: Passenger vehicles normally used for personal, family, or household use and sold in-state, including pick-up trucks and vans; excludes vehicles that carry more than ten persons, motor homes, and vehicles with three or fewer wheels (§ 42-10-101(2)). No reference to leased vehicles.

Conn. Gen. Stat. §§ 42-179 to 42-184

Vehicles covered: Passenger motor vehicles or passenger and commercial vehicles (as defined in Conn. Gen. Stat. § 14-1) sold or leased in-state (§ 42-179(a)(2)).

Persons covered: Purchasers or lessees; transferees during express warranty period; or any person entitled to enforce the warranty (§ 42-179(a)(1)).

Period covered: Whichever comes first: two years following date of delivery or first 24,000 miles (§ 42-179(b)).

Del. Code Ann. tit. 6, §§ 5001 to 5009

Vehicles covered: Any passenger motor vehicle sold, leased or registered in-state; excludes living facilities of motor homes (§ 5001(1)).

Persons covered: Purchasers, transferees during express warranty period, or any person entitled to enforce the warranty (§ 5001(2)).

Period covered: Whichever comes first: expiry of term of warranty or within one year from date of delivery (§ 5002).

D.C. Code §§ 50-501 to 50-510

Vehicles covered: Passenger vehicles sold or registered in D.C.; excludes buses sold for public transportation, motorcycles, motor homes, and recreational vehicles (§ 50-501(9)).

Persons covered: Purchasers or lessees, transferees during express warranty period, or any person entitled to enforce the warranty (§ 50-501(2)).

Period covered: Whichever comes first: 18,000 miles or two years (§ 50-502(a)).

Fla. Stat. §§ 681.10 to 681.118

Vehicles covered: Motor vehicles sold or leased in-state used primarily for personal, family or household purposes that transport persons or property, including demonstrators and lease-purchases with warranty; excludes off-road vehicles, mopeds, electric bicycles, trucks over 10,000 lbs., the living facilities of recreational vehicles, and motorcycles (§ 681.102(4), (14)).

Ga. Code Ann. §§ 10-1-780 to 10-1-797

Vehicles covered: New vehicles purchased, leased or registered by the original buyer in-state; excludes those portions of motor homes used for dwelling, and office or commercial space (§ 10-1-782(15)). Excludes trucks with more than 12,000 lbs. gross vehicle weight rating, motorcycles, and golf carts (§ 10-1-782(15)).

Haw. Rev. Stat. § 481I-1 to 481I-4

Idaho Code § 48-901 to 48-913

Vehicles covered: Vehicles as defined in Idaho Code § 49-123, but not including motorcycles, farm tractors, house trailers, or vehicles over 12,000 lbs. (§ 48-901(7)).

Persons covered: Purchasers or lessees, other than for resale, of vehicles used for personal, family or household purposes, or for personal business use, and other transferees or individuals entitled to enforce the warranty (§ 48-901(1)).

Period covered: Whichever comes first: two years or 24,000 miles (§ 48-902(1)).

815 Ill. Comp. Stat. §§ 380/1 to 380/8

Vehicles covered: Passenger cars; motor vehicles of less than 8000 lbs. designed to carry more than ten people, to haul freight, or to be used as living quarters; certain vehicles purchased by fire departments; and recreational vehicles other than camping trailers or travel trailers (§ 380/2(c)).

Persons covered: Individual consumers who purchase or lease new cars to transport themselves and others, and their personal property, for primarily personal, household or family purposes (§ 380/2(a)).

Ind. Code §§ 24-5-13-1 to 24-5-13-24

Vehicles covered: Vehicles that are sold, leased, transferred or replaced, and registered in-state, and are under 10,000 lbs.; excludes conversion vans, motorhomes, farm tractors and machines, road building equipment, truck and road tractors, motorcycles, motor driven vehicles, snowmobiles, and off-road vehicles (§ 24-5-13-5).

Persons covered: Buyers who enter into a contract to transfer, lease or purchase motor vehicles (§ 24-5-13-3).

Iowa Code §§ 322G.1 to 322G.15

Vehicles covered: Vehicles purchased or leased in-state and primarily designed for transportation of persons or property; excludes mopeds, motorcycles, autocycles, motor homes, or vehicles over 10,000 lbs. (§ 322G.2(13)).

Persons covered: Purchasers, lessees, or any other person entitled to enforce the warranty (§ 322G.2(3)).

Period covered: Whichever comes first: expiry of term of express warranty, two years from date of delivery, or 24,000 miles (§ 322G.2(8)).

Kan. Stat. Ann. §§ 50-645 to 50-646

Vehicles covered: New motor vehicles that are under 12,000 lbs. and sold or leased and registered in-state; vehicles not modified by second stage manufacturers (§ 50-645(a)(2)).

Persons covered: Original purchasers or lessees (§ 50-645(a)(1)).

Period covered: Whichever comes first: expiry of term of all applicable warranties or one year from date of delivery (§ 50-645(b)).

Disclosure requirement: None for manufacturer.

Ky. Rev. Stat. Ann. §§ 367.840 to 367.845; 367.860 to 367.870 (West)

Vehicles covered: Vehicles primarily for use on highways, required to be registered or licensed in-state prior to use; excludes any vehicle substantially altered after its initial sale from a dealer to an individual, motor homes, motorcycles, mopeds, and farm machinery including tractors or vehicles with more than two axles (§ 367.841(3)).

Persons covered: Residents who buy, contract to buy, or lease, a new motor vehicle in-state (§ 367.841(1)).

La. Stat. Ann. §§ 51:1941 to 51:1948

Vehicles covered: Passenger motor vehicles sold in state; also covers all-terrain vehicles and personal watercraft sold in the state on or after Aug. 15, 1999; excludes vehicles that have a gross vehicle weight of 10,000 lbs. or more and commercial vehicles (§ 51:1941(6)). For motor home warranties see La. Stat. Ann. §§ 32:1270.31 to 32:1270.41.

Me. Stat. tit. 10, §§ 1161 to 1169

Vehicles covered: Vehicles sold or leased in-state to convey passengers or property; excludes vehicles over 8500 lbs. gross vehicle weight used primarily for commercial purposes (§ 1161(3)).

Persons covered: Purchasers or lessees, transferees during express warranty period, or any person entitled to enforce the warranty. Excludes government, business or commercial enterprises with three or more vehicles (§ 1161(1)).

Md. Code Ann., Com. Law §§ 14-1501 to 14-1504 (West)

Vehicles covered: Vehicles registered as passenger vehicles, trucks that are ¾ ton or less, and multipurpose vehicles; motorcycles are explicitly covered; excludes motor homes (§ 14-1501(c)). No reference to leased vehicles.

Persons covered: Purchasers, transferees during express warranty period, or any person entitled to enforce the warranty (§ 14-1501(b)).

Mass. Gen. Laws ch. 90, § 7N½

Vehicles covered: Vehicles sold, leased, or replaced, including motorcycles; excludes auto homes, off-road vehicles, and vehicles used for business purposes (§ 7N½(1)).

Persons covered: Consumer buyers, lessees, transferees during express warranty period, or any person entitled to enforce the warranty (§ 7N½ (1)).

Period covered: Whichever comes first: one year or 15,000 miles from date of delivery (§ 7N½(1)).

Mich. Comp. Laws §§ 257.1401 to 257.1410

Vehicles covered: Passenger vehicles or sport utility vehicles, purchased or leased in-state or by a resident of the state; excludes motor homes, buses or trucks other than pick-ups or vans, and vehicles with less than four wheels (§ 257.1401(f), (g)).

Persons covered: Purchasers for personal, family or household use, or persons entitled to enforce the warranty, including lessors (§ 257.1401(a)(b), (c)).

Minn. Stat. § 325F.665

Vehicles covered: Passenger automobiles, including pickup trucks and vans, and motor or van portions of recreational equipment, that are sold or leased in-state (§ 325F.665(1)(f)). Similar but separate statutory provisions apply to farm tractors (Minn. Stat. §§ 325F.6651 to 325F.6659).