Lemon law · LemonLedger
How many repair attempts before a car is a lemon
There is no national number; each state sets its own. California, New York and Texas presume a reasonable number of repair attempts after four repairs of the same defect or about 30 days out of service within a window after delivery. California and Texas use two repairs for a serious safety defect, and Florida counts three plus a final attempt.
What the numbers in a lemon law actually do
Lemon laws are state laws, and the four covered here do not define a lemon with a single count. They require a manufacturer that cannot fix a warranty defect after a reasonable number of attempts to replace or buy back the vehicle, and then they set out a presumption: if certain numbers are reached inside a certain window, the attempts are presumed to have been reasonable. California's Department of Consumer Affairs puts the remedy plainly: replace the vehicle or refund its purchase price, whichever the owner prefers.
The presumption is a starting point, not an automatic outcome. The Texas Occupations Code calls its version a rebuttable presumption, which means the manufacturer can argue against it, and the California Department of Consumer Affairs calls the state's figures guidelines for deciding what a reasonable number of attempts is. That is why three ingredients matter in each statute below: how many times one defect was repaired, how many days the car spent out of service, and whether both happened inside the state's time and mileage window.
The numbers in four large states
California. Civil Code section 1793.22, known as the Tanner Consumer Protection Act, presumes a reasonable number of attempts if, within 18 months from delivery or 18,000 miles, whichever comes first, the same defect has been subject to repair four or more times, or a defect likely to cause death or serious bodily injury has been subject to repair two or more times, or the vehicle has been out of service for repairs for a cumulative total of more than 30 calendar days since delivery. For the two repair-count tests, the owner must also have notified the manufacturer directly at least once, but only if the manufacturer clearly disclosed that requirement with the warranty or the owner's manual.
New York. General Business Law section 198-a presumes a reasonable number of attempts if the same defect has been subject to repair four or more times and still exists, or the vehicle has been out of service for repair for a cumulative total of 30 or more calendar days. Both tests must fall within the first 18,000 miles or two years after original delivery, whichever comes first. New York's presumption has no separate, lower count for safety defects.
Texas. Occupations Code section 2301.605 sets three tests: the same defect continues after four or more repairs; a defect that creates a serious safety hazard continues after two or more repairs; or a defect that substantially impairs the vehicle's use or market value still exists and the vehicle has been out of service for repair for a cumulative total of 30 or more days. In each case the attempts must come before the warranty expires or 24 months or 24,000 miles after delivery, whichever is earlier.
Florida. Section 681.104 of the Florida Statutes uses a lower repair count with an extra step. The presumption applies if, during the Lemon Law rights period, the same defect has been subject to repair at least three times plus a final repair attempt by the manufacturer, and the defect continues, or the vehicle has been out of service for repair for a cumulative total of 30 or more days and the manufacturer had at least one chance to inspect or repair it after the owner's written notice at 15 days. The final attempt is triggered by the owner's written notice to the manufacturer by registered or express mail after the third repair. Florida defines the rights period as the 24 months after original delivery.
How days out of service are counted
In all four states the days test is cumulative. The California Department of Consumer Affairs puts it as more than 30 days in the shop, not necessarily in a row, and the statute speaks of calendar days since delivery. New York also counts calendar days. A car that spends 8 days at the dealer in spring, 12 in summer and 11 in the fall has spent 31 days out of service, even though no single visit came close to a month.
States carve out different days. Texas does not count any period during which the manufacturer or distributor lends the owner a comparable vehicle while a franchised dealer is repairing the car. Florida excludes downtime for routine maintenance prescribed by the owner's manual, and once a car reaches 15 or more days out of service, Florida requires the owner to notify the manufacturer in writing by registered or express mail so it has a chance to inspect or repair. Texas extends its periods, and Florida its 30-day count, when repairs are unavailable because of war, a strike, fire, flood or a natural disaster.
The window: months, miles and delivery
Every presumption above runs from delivery, not from the day you signed the contract. California's window is 18 months or 18,000 miles, whichever comes first. New York's is two years or the first 18,000 miles, whichever comes first. Texas uses 24 months or 24,000 miles, or the end of the warranty if that is earlier. Florida's rights period is 24 months after original delivery, and its definition in section 681.102 does not add a mileage limit.
The window decides which visits count toward the presumption, which is why the delivery date and the odometer reading on each repair order are worth keeping. A fourth repair that happens at 19,000 miles is outside California's presumption window, while the same visit at month 20 and 19,000 miles could still sit inside the Texas window if the warranty has not expired.
Common counting mistakes
Adding up repairs for different problems. California, New York, Texas and Florida all count repeat repairs of the same defect. A rattle, a software glitch and a leak are three defects with one repair each, not one defect repaired three times. The days test is different: New York and Florida count days out of service for repair of one or more defects.
Using another state's number. Four is common, but Florida's repair test is three plus a final attempt after written notice, and safety defects use two in California and Texas. Check the statute for the state whose law applies to you.
Skipping the notice step. Florida's final attempt only follows written notice by registered or express mail, and California's repair-count tests can depend on a direct notice to the manufacturer when the warranty or owner's manual says so.
Losing track of the dates. Counts are only as good as the records behind them. LemonLedger, a repair log for lemon law records, files each visit under its defect, adds up days out of service from the dates in and out, and shows the counts next to the reference numbers for the state you pick, with the statute name and a link to the official source. It does not judge whether the numbers are enough.
This guide summarizes state statutes and state agency material and is not legal advice. Laws change and each case turns on its facts; check your state's statute and talk to a qualified attorney or your state's consumer protection agency.
Frequently asked questions
Is there a federal lemon law?
Not in the sense of repair counts. The Federal Trade Commission describes the Magnuson-Moss Warranty Act, passed in 1975, as the federal law that governs consumer product warranties, and notes that it does not require a business to offer a written warranty. The repair-count and days-out-of-service presumptions come from state lemon laws.
Does the lemon law apply to used cars?
It depends on the state. California's Department of Consumer Affairs says its lemon law covers new and used vehicles that come with the manufacturer's new vehicle warranty, and does not apply to a used vehicle bought with no new vehicle warranty.
Do the repairs have to be for the same problem?
For the repair-count tests, yes. California, New York, Texas and Florida all count repairs of the same defect. The days-out-of-service tests in New York and Florida can include repairs of more than one defect.
Does a loaner car stop the days count?
In Texas it does: the 30 days do not include any period during which the manufacturer or distributor lends the owner a comparable vehicle while a franchised dealer repairs the car. Check your own state's statute for its rule.
Does reaching the number mean I get a refund?
Not automatically. Reaching the number creates a presumption that a reasonable number of attempts was made. Texas calls it rebuttable, and Texas and Florida both list defenses a manufacturer can raise, such as a defect caused by abuse or one that does not substantially impair the vehicle.