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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Lemon Law and Magnuson-Moss Warranty Claims

United States (federal and general)Last reviewed 18 September 2026

State lemon laws give buyers remedies such as a replacement or refund when a defective vehicle cannot be repaired after a reasonable number of attempts. The federal Magnuson-Moss Warranty Act adds the right to sue a warrantor, and a consumer who prevails may recover attorney fees, which is why many lemon law lawyers take these cases without charging clients hourly.

State Lemon Laws

Direct Answer: Lemon laws are state statutes that provide remedies when a defective vehicle cannot be repaired after a reasonable number of attempts, typically a replacement, a refund or other compensation.

The thresholds vary, often depending on multiple failed repairs of the same problem or a number of days out of service, and the time limits for claiming differ by state and warranty. Check the rules of the state where you bought or registered the vehicle.

Magnuson-Moss and Fee-Shifting

Under 15 U.S.C. § 2310(d), a consumer damaged by a warrantor's failure to comply with a written or implied warranty can sue in state or federal court. If the consumer prevails, the court may award costs and expenses, including attorneys' fees based on actual time spent. That fee-shifting is why many attorneys will take these cases on a contingency or fee-shifting basis, though the outcome and any fee award are never assured.

Protecting Your Claim

Keep every repair order, invoice, warranty document and the purchase contract, and record dates the vehicle was out of service. Report the problem to the dealer or manufacturer in writing, and give the manufacturer a fair chance to repair, since some claims require it before suit.

Frequently Asked Questions

What is a lemon under state law?

Generally a vehicle with a substantial defect covered by warranty that cannot be fixed after a reasonable number of attempts. Precise tests vary by state.

What can I get under a lemon law?

Typically a replacement vehicle, a refund or other compensation, depending on the state and facts.

Who pays my lawyer in a lemon law case?

Often the manufacturer, if you prevail, because the Magnuson-Moss Act and many state laws let the court award attorney fees to a successful consumer. Never assume this, and ask about the arrangement.

What is the Magnuson-Moss Warranty Act?

A federal law under which consumers can sue for breach of a warranty, with the possibility of attorney fees if they win.

What records do I need?

Repair orders, the purchase or lease contract, the warranty, and a record of dates the vehicle was out of service.

Is there a deadline to claim?

Yes. State lemon laws and warranties set time and mileage limits, so check them promptly and take advice.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 15 U.S.C. § 2310 — Remedies in consumer disputes (Magnuson-Moss Warranty Act)

    A consumer damaged by a warrantor's failure to comply may sue in state or federal court, and a prevailing consumer may be awarded costs and expenses including attorneys' fees based on actual time expended; class actions require a reasonable opportunity to cure.

  4. Cornell LII Wex — Lemon law

    Lemon laws are state statutes giving remedies such as replacement or refund when a defective vehicle cannot be repaired after a reasonable number of attempts; the details vary by state.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.