How Does Lemon Law Apply to Business Vehicles and Fleet Cars?
As a business owner, your plate is full with running your company. When faced with malfunctioning business vehicles, the last thing you need is trying to grapple with all the requirements to find out if your cars or trucks are lemons. You want to find the best route to getting the compensation you deserve, but understanding your state’s laws and even any federal protections that might be there for you seems like a maze. You’ve heard that a lemon law attorney can help you fight for your rights, but doesn’t it cost a lot to hire a lawyer?
Where you can begin is with a free consultation (866-440-2460) with the lemon law attorneys at Allen Stewart, P.C. It will cost you nothing to discuss the facts of your case and have us determine if it’s valid and the next steps to help you pursue compensation. Then, if you wish, we can represent you, and you will pay nothing upfront. With all you have to deal with running your business, you shouldn’t have to face the frustration and worry of a potential lemon law case. Allen Stewart, P.C. has won numerous lemon law cases across the country. We’ll begin your consultation by determining if your claim is covered by your state’s lemon laws.
What are the Criteria for Business Vehicles to be Covered by State Lemon Laws?
A “lemon” generally refers to a new vehicle with substantial defects affecting its use, value, or safety that cannot be repaired after a reasonable number of attempts. For business and fleet vehicles, there are key differences to the qualifications, although they are mostly similar to those for personal-use vehicles.
Most states require that a vehicle has undergone multiple repair attempts for the same problem without success. Usually 3-4 repair attempts for the same issue, or a cumulative number of days (often 30) out of service during a specific period (usually the first year or 12,000-15,000 miles), is the requirement to classify a vehicle as a lemon.
Business Fleet Coverage vs. Personal Vehicle Coverage
Weight and Size Limitations
Weight considerations is one of the major business vehicle qualifiers under state lemon laws. Some states extend lemon law protections to business vehicles under 10,000 pounds. Heavier commercial vehicles like larger trucks can be outside these protections in some states.
Usage Requirements
While typical state vehicle lemon laws cover vehicles used for personal, family, or household purposes, business vehicles must be purchased or leased primarily for business purposes, while in some cases additional requirements are enforced.
For more information on arbitration and other frequently asked lemon law questions, click here.
Remedies Available for Business Owners
So, if your business vehicle qualifies as a lemon, you’re typically entitled to either a replacement vehicle or a refund. This refund may include:
- The purchase price minus a reasonable allowance for use
- Sales tax and registration fees
- Finance charges and costs of modifications specific to business needs
- Reimbursement for towing or rental costs during repair periods
Key takeaway: Compensation for lost business revenue due to vehicle downtime is rarely covered under lemon laws.
How to Pursue a Lemon Law Claim for Business Vehicles?
As with a personal lemon law case, your attorney will review your correspondence and paperwork you’ve had with the dealership and manufacturer. Gather and organize all your records from repairs, including:
- Dates your vehicle was in the shop
- Detailed descriptions of problems reported
- Copies of work orders and repair invoices
Notification Requirements
Most states require formal notification to the manufacturer. The manufacturer gets a fair opportunity to repair the vehicle. Business owners should carefully follow these provisions (your attorney will lead the way on ensuring these are completed).
State-Specific Protections
Lemon law protections vary by state. Some states like California offer robust protections for business vehicles. Others provide minimal coverage or exclude them entirely. Your lemon law attorney will review your specific state’s provisions to determine your rights regarding commercial vehicle claims.
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What States Offer Lemon Law Protections for Business Vehicles?
Several states have built business vehicle protections into their lemon laws. Below are a few of these states and how their laws treat business vehicle lemon law claims:
California
California offers some of the most comprehensive lemon law protections for business vehicles. The Song-Beverly Consumer Warranty Act extends to:
- Vehicles purchased primarily for business use
- Vehicles with gross vehicle weight under 10,000 pounds
- Businesses with five or fewer vehicles registered in California
California’s protections include reimbursement for legal fees if the claim is successful, making it financially feasible for small businesses to pursue claims. The law also allows for a longer timeframe—the earlier of 18 months from delivery or 18,000 miles—during which defects must be addressed. There may be other reimbursed expenses to the claimant; your lemon law attorney can tell you if you may be entitled to this additional compensation.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Georgia
If you’re a business owner in Georgia, Georgia law protects business owners who purchase or lease no more than ten new vehicles a year for business (other than limousine rental services).
Wisconsin
Wisconsin law covers new cars, trucks, motorcycles, or motorhomes. Qualifying heavy-duty vehicles that have a gross vehicle weight rating or actual gross weight of more than 10,000 pounds, including buses and trucks, are treated differently under the law.
Other States’ Provisions
Consult your lemon law attorney to find out what your rights are under your state’s lemon laws. Some states may cover business vehicles depending on weight class and may require additional lemon qualifications.
Contact Allen Stewart, P.C. for Commercial Lemon Law Representation
Lemon laws can provide valuable protection for your business fleet, but navigating the requirements demands attention to detail. Allen Stewart, P.C. can help you safeguard your business against the operational and financial impact of defective vehicles. We encourage you to take advantage of our free consultation (866-440-2460), where we will determine if your claim is covered under your state’s lemon law.
People hesitate to contact an attorney for many reasons. One shouldn’t be cost, as you’ll pay nothing for your consultation and no upfront costs for our services. Please know that manufacturers will often do everything in their power to reduce, deny or otherwise evade responsibility. They will certainly bring a full legal response against your claim. To protect your rights, you need to counter their actions by working with an experienced lemon law attorney. Our experience and knowledge allow us to aggressively protect your rights so you get the compensation you are rightly due.
Maximize your chances of a successful claim. Contact Allen Stewart, P.C. now for your business vehicle lemon law case, or any lemon law issues you may have. Call us at 866-440-2460, or contact us online.