For almost as long as there have been cars, automobile manufacturers have been making “lemons.” Unfortunately, car manufacturers seem simply unable to ensure that every vehicle they sell lives up to new car standards as an alarming number of vehicles experience recurring defects and problems which make ownership a source of stress rather than of joy.
Idaho Lemon Law Info:
However, in today’s world, car buyers are way better off than those who purchased new cars in the past. There are now state and federal laws that provide protection for consumers who purchase a “lemon” and ensure that car manufacturers live up to their obligations. In Idaho, the primary law which protects car buyers is the Idaho Motor Vehicle Warranties Statute, more "Commonly known as" the Idaho Lemon Law. Together with the Federal Magnuson-Moss Warranty Act (the Federal Lemon Law), Idaho consumers are protected from the consequences of being stuck with a “lemon” instead of a new car in every respect.
The Idaho Lemon Law provides protection for Idaho consumers who buy or lease a car, truck or van under a manufacturer’s written warranty. It covers vehicles which weigh less than 12,000 pounds and are used principally for personal, family or household purposes. However, the Idaho Lemon Law does not cover motorcycles, all-terrain vehicles, trailers or farm tractors.
Idaho consumers who purchase vehicles which are not covered by Idaho Lemon Law are not without legal protection. The federal lemon law can often fill in the gaps as the federal lemon law covers all consumer products purchased under warranty, including ATVs and motorcycles, as well as household products, electronics and even toys. Idaho consumers may have rights under one or both of these laws and an experienced attorney at Krohn & Moss, Ltd. Consumer Law Center® can help you to determine whether you are entitled to relief under the Idaho Lemon Law, the federal lemon law or both.
The Idaho Lemon Law protects consumers against “nonconformities” in their new cars – a term defined by the law to mean a defect which substantially lowers the market value of your car or substantially impairs your use of the car. However, the Idaho Lemon Law only provides protection against nonconformities for two (2) years from the date you received your car, the first twenty-four thousand (24,000) miles of driving or the expiration of the car’s warranty – whichever of these comes first. The federal lemon law again provides broader protection with respect to coverage as the federal lemon law extends protection to the full term of the manufacturer’s written warranty.
Requisite Number of Repair Attempts
Under the Idaho Lemon Law, the manufacturer’s first obligation is to repair the vehicle. Unfortunately, in many cases a “lemon” cannot be repaired: each time the manufacturer fixes it, the problem recurs and/or new problems emerge. Thus, the Idaho Lemon Law was enacted primarily to provide consumers with additional relief when repairs fail.
Before you qualify for additional relief, however, you must allow the manufacturer a “reasonable number of attempts” to repair the vehicle. The Idaho Lemon Law defines a “reasonable number of attempts” as four (4) or more times to fix a single, recurring problem, one (1) time to fix a problem with the steering or braking systems of the car (when the problem would likely cause death or serious injury to the driver, passengers, or others), or at least thirty (30) business days of repairs, regardless of the number of defects involved or whether those days are in a row or spread out over multiple repair attempts.
Once the manufacturer has been permitted a “reasonable number of attempts” to repair the vehicle, the purchaser must then send final written notice of the problems to the manufacturer by certified mail. The manufacturer is then entitled to perform one (1) final repair attempt. If this attempt fails, the buyer is entitled to additional relief. If an agreement cannot be reached and the the manufacturer has put in place a government-approved arbitration program, the consumer first must participate in that program before seeking relief in court.
Under the Idaho Lemon Law, once you have met the requirements discussed above, the consumer is entitled to elect a refund or replacement vehicle. If a refund is requested, the manufacturer must include the full purchase price of the car and other incidental expenses that includes, but may not be limited to, any taxes paid and any towing or other expenses you incurred as a result of the defects. The manufacturer is however entitled to deduct a reasonable mileage allowance for your use of the car while you owned it but the amount is determined by a mathematical formula clearly stated in the Idaho Lemon Law.
Call Krohn & Moss, Ltd. Consumer Law Center® or submit your information to us online to see if you qualify under state or federal lemon laws. You may be entitled to a refund, a replacement vehicle or cash compensation for your “sour lemon.” We have handled thousands of claims since 1995 for both “lemon” automobiles and other consumer products and since that time, over 97% of our cases have settled without going to trial. We will work to get your claim settled as quickly as possible.
We work with Idaho attorneys associated with Krohn & Moss, Ltd. Consumer Law Center® in of-counsel relationships to handle lemon law claims for consumers in Idaho. We stay informed of the newest legal developments so you can get the best results for your lemon law claim.