Lemon laws protect people who purchase defective vehicles—commonly referred to as “lemons.” These laws vary by state, and normally require that manufacturers replace the vehicle or refund the purchase price if a substantial defect persists after a reasonable number of repair attempts. A lemon law attorney can help determine if the vehicle qualifies as a lemon under state law. Then those provisions, along with federal law protections, can protect the vehicle owner.
For military personnel, owning a faulty vehicle can add a lot of frustration on top of service-related obligations like deployments and relocations. State and federal government protections exist for service members, over and above the usual lemon laws. A lemon law attorney can help service members learn about these additional protections and help build a case that can provide the best opportunity to gain compensation.
Standard State Lemon Law Protections
Here’s how lemon laws usually apply to consumers: if you purchase new or, in some states, used vehicles that exhibit significant defects affecting safety, value, or use, you can potentially file a lemon law claim. Each state has its own requirement. The main rules are often the same, and include the number of repair attempts (often three or four) and how long the vehicle is out of service (such as 30 days within the first year). If these specifications are met and the defect persists, the consumer may be entitled to a replacement vehicle or a refund.
For more information on arbitration and other frequently asked lemon law questions, click here.
In addition to these main lemon law provisions, military personnel can receive additional layers of protection.
State-Level Protections for Military Personnel
Some states include in their lemon laws accommodations for military personnel, recognizing their frequent moves and stationing assignments. California’s lemon law extends protections to service members stationed in the state, even if they purchased their vehicle elsewhere. That’s a big plus, as normally, lemon laws apply based on where you purchased the vehicle, not where you currently live. This accommodation by the state of California can be a great relief to a service member who already has enough on their plate, in addition to a malfunctioning vehicle.
As long as the manufacturer sells vehicles in California, a military member can file a lemon law claim there. The accommodation, then, is quite practical, as most major auto manufacturers sell vehicles in California given its large market.
For instance, a service member who buys a car in Wyoming but is later stationed in California can seek relief under California’s statutes if the vehicle turns out to be a lemon. This ensures that military personnel are not disadvantaged by their mobility, a common aspect of military life. Other states may offer similar accommodations, though specifics vary.
Consult Allen Stewart, P.C. for your lemon law claim. If you are a service member, we can explain lemon laws and how your state may include military service personnel accommodations. Call us at 866-440-2460 or contact us online to schedule your free consultation.
Federal Protections: The Service Members Civil Relief Act (SCRA)
While there is no federal lemon law that specifically covers service members (although they can work with a lemon law attorney for protections under the federal Magnuson-Moss Warranty Act), the Service members Civil Relief Act (SCRA) provides significant protections. The SCRA is a federal law designed to ease legal and financial burdens on active-duty military personnel. As it applies to lemon laws, it allows service members to request a stay (delay) of civil proceedings—including lemon law disputes—if military duties, such as deployment, prevent their participation. This can be a big relief to service members, as lemon law cases are time-sensitive.
Here’s how it can apply: if a service member files a lemon law claim but is then deployed overseas, the SCRA ensures they aren’t penalized for being unable to attend court.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Vehicle Leases
Vehicle leases can be a problem when someone is a service member. Service members who receive permanent change of station (PCS) orders or are deployed for at least 90 days can terminate a vehicle lease without penalty. This applies to leases signed before entering active duty or during service if relocation or deployment renders the vehicle unusable. So if a service member leased a car in Florida then got reassigned to Europe, they can end the lease early. While this doesn’t directly address lemon vehicle issues, it does give financial relief that enhances lemon law protections.
Department of Defense Resources
If you’re a military service member, you can learn more about the information we’ve discussed here and your rights from The Department of Defense (DoD). They provide education and assistance, helping service members understand their rights under state lemon laws and federal protections like the SCRA.
Allen Stewart, P.C. offers you the benefit of our experience winning lemon law cases across the United States. If you’re a service member who needs to make a lemon law claim, call us at 866-440-2460 or contact us online to schedule your free consultation.
Special Protections for Military Personnel: Summary
Military personnel can benefit from a combination of state and federal protections:
- State Lemon Laws: Provisions like California’s allow claims based on stationing location, not just purchase location.
- SCRA: Delays legal proceedings and permits lease terminations, easing burdens during service.
- DoD Resources: Offer guidance to maximize available protections.
Together, these measures ensure military personnel can address defective vehicles without their service adding undue hardship. Veterans, unless recalled to active duty, rely on standard consumer protections without these extras.
Trust Allen Stewart, P.C. to Help You Win Your Lemon Law Case
Allen Stewart, P.C. provides the experience you need to go up against manufacturers who are not usually motivated to provide you with the compensation you are due for a malfunctioning vehicle. We offer a free consultation where we’ll examine your claim, and determine if it’s valid under state and federal lemon law protections. Should you wish us to, we can pursue your case for you, providing the best opportunity to win compensation. Our attorneys are experts at building lemon law cases that win settlements, arbitration, and also lemon law court cases.
If you are a military service member, don’t hesitate to call our office (866-440-2460) or contact us online to schedule your free consultation. We understand the stresses that come with active duty and can help you navigate the lemon law process.
It’s true that manufacturers will bring their full legal teams to bear to fight a lemon law claim. Allen Stewart, P.C. provides you with the expertise and experience to protect your rights and gain the compensation you deserve.
You pay nothing upfront for our services, and you can take advantage of our free consultation. We encourage you to call us today (866-440-2460) or contact us online.