Lemon Laws: The Basics
For many years, state lemon laws have been written primarily with combustion engine vehicles in mind, since they predated widespread EV adoption. Most states’ core lemon law protections apply to all new and leased passenger vehicles regardless of powertrain type. They typically cover:
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- Substantial defects that occur within a specific time/mileage period
- A reasonable number of repair attempts
- Days out of service for repairs
- Remedies like replacement or refund
So many car owners will be surprised to find that it can be extremely difficult to file claims on their own against auto manufacturers. That’s not to say manufacturers are inherently dishonest; it means that consumers who yell loudly enough may get reimbursed for their car’s issues, while others give up in frustration.
What’s more, new car technology is muddying the waters further, making it harder for consumers to understand their rights. Let’s look at how some of these new technologies collide with today’s lemon laws. We’ll also see how these laws might evolve in the future.
How New Car Technology is Affecting Lemon Laws
When you’re having trouble with your car, the last thing you need are lemon laws that are hard to understand. The laws keep changing, and it can be difficult for consumers to keep up. The revised laws now include provisions for the specific components present in EVs and hybrids. 2025 and beyond points to increasing efforts to expand lemon laws to align with the growing number of electric and hybrid vehicles on the road.
For more information on arbitration and other frequently asked lemon law questions, click here.
How Electric Vehicles are Treated Under Lemon Laws
80% of cars still run on gas-powered combustion engines, but with the rising number of EVs and hybrids, lemon laws have to evolve to help protect consumers who may need to make a claim against a manufacturer. Some of the more recent changes to state lemon laws include protecting vehicle owners when certain technology-related systems fail, including:
- Battery capacity retention thresholds that would trigger lemon law protections
- Charging system performance standards
- Software and over-the-air update-related defects
- Definitions of what constitutes “substantial impairment” for EVs
These definitions and the different state lemon laws can get confusing, and that’s why working with the lemon law attorneys at Allen Stewart, P.C., is the best course of action. Trying to navigate all of the law provisions, especially with the many systems newer cars have, is best left to our experienced lawyers, who know how to help you establish and win your case.
EV Lemon Law: A Potential Claim Scenario
EV batteries alone can open consumers up to a multitude of problems. When it comes to trying to make a claim, vehicle manufacturers can say that EV batteries degrade over time and that this is normal wear and tear, like you might see in a cell phone. Then they can try and get out of making good on the battery warranty, when your battery may have actually degraded rapidly. All of this can get very tricky because the battery warranty is typically separate from the vehicle warranty. You would think since an EV battery warranty (commonly 8 years/100,000 miles) is often longer than the vehicle warranty that there would be little room for gray areas of interpretation. Not true!
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Here’s an example of an EV owner in a tough spot where they could lose a lot of money:
Tina buys a new EV with an 8-year/100,000-mile battery warranty. After 3 years, her battery capacity drops to 65%, well below the manufacturer’s promised 70% minimum. The manufacturer may try to stall Tina and not compensate her by:
- Claiming this is “normal degradation”
- Delaying diagnostic appointments
- Attempting multiple software fixes
- Finally agreeing to replace the battery but has a 6-month waitlist
A consumer like Tina trying to navigate all this by themselves can often get nowhere. So, we would recommend that Tina contact Allen Stewart, P.C., and document everything, including a complete description of how the issue substantially impairs the vehicle’s use/value. She should also note if there were multiple failed repair attempts.
What Could Go Wrong With Tina Trying to Deal with the Manufacturer Herself?
The manufacturer may argue the issue started after the lemon law period (timeframe to file a claim varies by state). They can also try to trivialize or ignore her claim because they will stick to their “normal degradation” stance regarding the battery. Tina needs the expertise of a lemon law attorney.
What Can You Learn from Our Example Case?
If you’ve recently bought an EV and all is well, prepare for the future and protect your interests by:
- Documenting battery capacity readings from day one
- Keeping detailed records of all complaints and repair attempts
- Submitting formal complaints in writing
Here’s an extra tip: If you’re having EV battery problems, don’t wait to file your lemon law claim. Contact Allen Stewart, P.C., and we’ll consult with you about your EV battery issues, even if your car is in the shop, so you can see if you have a case.
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Beyond EV Considerations, How Else Could Lemon Laws Evolve?
2025 and beyond may give vehicle owners new protections under lemon laws. In addition to the many ways EVs may influence the expansion of lemon laws, consumers can also become victims via myriad other issues. Let’s look at how some of these may affect lemon law evolution:
Standardization Efforts
The very fact that states offer differing lemon laws can be perplexing for vehicle owners. The push for standardization may help set clearer guidelines for arbitration, standardization for filing claims, and consistent remedies across state lines.
Enhanced Disclosure Requirements
What would really help consumers are stricter disclosure requirements for manufacturers, such as mandatory reporting of known defects, including specific disclosures for vehicles with advanced technology features.
Connected Vehicle Provisions
Since vehicles are connected today, we enjoy staying in contact with the Internet and all of our family, friends, and associates while driving. That convenience comes at a price, as cybersecurity vulnerabilities and breaches now can become an issue. You’ll also find that there can be problems with over-the-air updates and some of the driver assistance technology. All of these technology-driven services can be vital to car operation and safety, and their software-dependent natures may likely be covered more often as lemon laws evolve.
Used Vehicle Coverage
It’s possible we’ll see some expansion of lemon laws to include more coverage for used vehicles. The complexities lie in where you purchased the car and its warranty. In addition to state laws, the federal Magnuson-Moss Warranty Act protects all American consumers, regardless of state. These laws give consumers and their attorneys the tools they need to pursue legal remedies and get compensation for their lemon vehicle.
Allen Stewart, P.C., stands ready to help you understand this changing landscape and how it may affect your claim process. Call us toll-free: 866-440-2460.
Contact The Lemon Law Experts: Allen Stewart, P.C.
If you’re reading this and worried about your rights under lemon laws, that’s understandable. There’s potential good news, as evolving lemon laws should provide additional consumer protections. However, the specific timing and extent of these changes will vary by state and depend on multiple factors, including:
- Industry lobbying efforts
- Consumer advocacy initiatives
- Technological developments
- Market conditions
- Court decisions interpreting existing laws
While we are keeping a close eye on the evolution of lemon laws, we want to help educate you on current laws and present this lemon law FAQ for your information.
If your newer vehicle has repeated, unfixable problems, don’t go it alone. Contact Allen Stewart, P.C. We have helped hundreds of clients successfully pursue claims against auto manufacturers to get the justice they deserve.
Thanks to federal law, our clients pay nothing out of pocket, so call us toll-free: 866-440-2460, or contact us online for a free consultation.