It would seem at first glance that the legal difference between breach of warranty and lemon law might be a bit blurry. Actually, there are some overlaps, and definite distinctions, too. A lemon law claim is a type of breach of warranty situation, where the manufacturer has not fulfilled the warranty and the vehicle is defective and unfixable. Warranty breaches cover many other products besides vehicles. The remedies for a product warranty breach could be a full replacement (like in a defective home appliance), or partial refund and the claimant keeps the item (like in a cell phone with cosmetic damage).
Specific Nature of Lemon Law Claims
Lemon law cases are quite specific; they follow state laws that are for vehicle-related claims only. Lemon law cases follow a state-mandated definition of what a lemon vehicle is, and what remedies you can get from the manufacturer. These cases focus on proving that the vehicle has a substantial defect that severely impacts its use, value or safety. The defect must persist and be unfixable within a state’s prescribed “reasonable number” of repair attempts it allows the manufacturer.
Overview of Types of Legal Protections
There are some areas where breach of warranty law and lemon law intersect. One major one is the use by attorneys of the Magnuson-Moss Warranty Act. This is a federal law that protects consumers from misleading warranty language, and gives people the ability to review warranties before they buy a product. There are many other important points to this law, including protecting implied warranties, which means a product should operate as it would be normally expected to.
For more information on arbitration and other frequently asked lemon law questions, click here.
A major protection that Magnuson-Moss provides (in breach of warranty and lemon law cases) is fee shifting. When the claimant wins their case, the manufacturer pays the legal and court fees. This is an important point that allows consumers to seek legal help without worrying that they can’t afford a lawyer.
To highlight the overlapping nature and differences between breach of warranty and lemon law, we’ll make a comparison table and see what the paths to resolution would be for each type of issue.
Comparison of Breach of Warranty on a Piece of New Furniture vs. a Vehicle Lemon Law Claim (please see accompanying table below)
Key differences: You’ll note several differences between how these issues are viewed under the law. The furniture case involves a manufacturer’s defect which diminishes the piece’s value, but maybe not its usability. In this example, the consumer may decide to keep the item and get a partial refund.
With a lemon law claim, it’s most common that the consumer starts again. They can seek either a refund minus a deduction for usage before the claim was made, or a replacement vehicle. In a defective vehicle case, you’ll note very specific definitions and remedies outlined under state lemon laws.
Key overlap: Note that, as we stated earlier, the Magnuson-Moss Warranty Act can be used in both the furniture and car cases, by attorneys to protect their clients from manufacturers who do not fulfill their warranty obligations.
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| Furniture (Manufacturing Defect) | State protection |
State Consumer Protection Laws: If you take delivery of a new sofa, for example, and find it has a manufacturing defect, such as a wobbly leg, if the manufacturer won’t make it right, you can file a complaint with your state’s Attorney General.
Implied Warranty of Merchantability: Your new furniture is supposed to be usable for its intended purpose. Since it arrived to you in a defective state, this implied warranty has been breached. Remedies: You can try to get the manufacturer to repair the item if you want to keep it. If it can’t be repaired or if a repair is not possible or fails, you can get a partial refund to make up for the item’s reduced value. You could also seek a replacement. If you can’t get the manufacturer to satisfy your claim, your state-level resolution options can include submitting a complaint to the state’s consumer protection agency. You could also try small claims court or consult a lawyer. |
| Federal protection |
Magnuson-Moss Warranty Act: The warranty must be clearly and accurately stated and the implied warranties (product should be operable/usable for its intended purpose) apply, too. A partial refund could be negotiated if the manufacturer can’t fix the item.
Federal Trade Commission (FTC): The FTC can take action against deceptive practices, but doesn’t get involved in individual matters. You can make a report to them about your warranty breach issue. Remedies: The compensation you can potentially win can also include associated costs incurred during the process of your claim. The manufacturer is responsible for your legal fees due to fee shifting. |
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| Car (Lemon) | State protection |
State Lemon Laws: Each state has its own lemon laws, but they’re all based on the premise that the vehicle must exhibit a substantial defect that severely impacts its use, value, or safety. The defect must persist and be unfixable after the state’s defined “reasonable number” of repair attempts allowed to the manufacturer (usually 3–4).
Uniform Commercial Code (adopted across states): The implied warranty of merchantability (the product is fit for its intended purpose) for cars operates within this code at the state level (except Louisiana that has kept its own civil laws and adopted it only partially). Remedies: Should your vehicle qualify as a lemon, you are entitled to a refund minus a fee for usage before the claim, or a replacement vehicle. Most states allow you to recover legal fees. State laws vary on recovering associated costs. |
| Federal protection |
Magnuson-Moss Warranty Act: This “federal lemon law” applies to consumer products with a written warranty, including vehicles. It operates more under warranty implications than how state laws include repair attempts.
Remedies: You can receive a refund or replacement vehicle, damages for diminished value, and associated costs like rental costs. The manufacturer is obligated to pay your attorney fees. |
Why You Need a Lemon Law Attorney
The most important takeaway from our comparison is that when you need to make a lemon law claim, a lemon law attorney is the best choice. Only an experienced, knowledgeable lemon law attorney can skillfully perform these actions to protect your rights:
- Determines per state lemon law if your vehicle qualifies as a lemon
- Files the lemon law claim in accordance with all criteria/timing framework defined by state lemon law
- Gathers, reviews, and uses evidence to prove the vehicle’s malfunction is a manufacturer’s defect
- Negotiates for a potential settlement out of court
- Is prepared to represent the client in arbitration or in court
The lemon law attorney provides specialized skills and knowledge to help you hold the manufacturer accountable for your vehicle’s defect.
The key benefit you will receive when you hire a lemon law attorney is their expert knowledge of state lemon law in addition to the protections provided to you by the federal Magnuson-Moss Warranty Act.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
What’s more, the lemon law attorney is highly experienced at anticipating and countering manufacturer evasion, diminishment, or dismissal of your claim. The lemon law attorney will aggressively protect your rights as they work to prove that the manufacturer is responsible for your vehicle’s substantial defect.
Allen Stewart, P.C.’s Expert Representation Wins Lemon Law Cases Across the US
Lemon law is a highly specialized discipline that requires intensive knowledge of state and federal law to achieve a positive outcome for clients. Allen Stewart, P.C. is a well-known lemon law firm that has won maximum compensation for clients in cases across the US. We are prominent lemon law lawyers in California, New York and Texas. You can depend on our attorneys’ experience and skill to help you receive the compensation you deserve.
You may recall we discussed fee shifting provided for by the Magnuson-Moss Warranty Act. Most state lemon laws also provide for this, so you will not have to pay anything out of pocket for our services. Know that you can take advantage of our lemon law attorneys’ skill to ensure you have the best representation for your claim, without worrying about legal fees.
Time is of the essence with lemon law claims. We encourage you to schedule your free case review by calling Allen Stewart, P.C. at 866-440-2460, today. If you prefer, you may schedule your appointment by contacting us online.