What Is A Lemon?

Though warranties exist to fix many vehicle problems, it may not always be enough to fix the problem altogether. If your vehicle is new and is spending significant time in the shop, you may have a lemon on your hands. If you live in Tennessee, filing a claim under the state’s lemon law may help you avoid serious financial injury associated with buying a car that doesn’t work, is defective, or is dangerous to drive.

A “lemon” is the term for a car that has a serious defect or defects that the dealer or automaker is unable to fix in a reasonable time frame, says Carfax. Both federal and state laws offer some protections for consumers who buy or lease cars that are deemed lemons, but these laws vary from state to state.

What is the Tennessee Lemon Law?

Essurance notes that some states’ lemon laws cover used cars, but in Tennessee the law only applies to new vehicles. The Tennessee lemon law regulates the sale of new consumer vehicles sold and leased in the state. It includes vehicles weighing under 10,000 pounds. In addition to vehicles, the law covers motorcycles., however it does not apply to motorhomes, tractors, off-road recreational vehicles, or mopeds.

Under the Tennessee lemon law, owners and lessees are protected from certain defects for one year or the duration of their express warranty period (whichever comes first). Defects covered by the law include those that that make the vehicle unreliable or unsafe to operate as well as nonconformities, which are defects that substantially impair the use, value or safety of a vehicle. The law is intended to stop sellers from selling or leasing cars that don’t work properly.

Additionally, if your car spends 30 or more days undergoing repairs during the first 12 months, or during the express warranty period, you may be eligible to file a legal claim. The days spent in the shop do not have to be consecutive. 

How Can I File a Lawsuit Under the Tennessee Lemon Law?

You are entitled to seek relief for financial injury under the Tennessee lemon law, however, you must first give the dealer or manufacturer an opportunity to repair the problems. Per the Tennessee lemon law, a dealer or manufacturer is legally allowed three attempts to repair the issue, or conduct repairs for 30 days, before you can bring a claim against them. 

Once you have decided to file a lemon law claim, you must notify the manufacturer by mail. The manufacturer has 10 days after receiving notification to conduct final repairs. 

It is important to keep records of repairs, and to retain the invoices from all of the work performed on the vehicle. Records and evidence are an important part of building a successful claim under the Tennessee Lemon Law. If there has been a recall issued for your vehicle, it’s important to have that information as well. 

What Rights Do I Have?

A successful Tennessee lemon law claim will result in the manufacturer paying your attorney fees and legal costs, in addition to compensation for financial injury. This requirement is known as the fee-shifting provision, and is designed to help make it easier for consumers to file lawsuits against large companies with far more resources.

What Can I Do if My Vehicle is Not Covered by the Tennessee Lemon Law?

If your vehicle is not covered by the Tennessee lemon law, you may still have rights to help protect you from a bad sale or lease. If you are in Tennessee and were sold a defective used car, you may need to turn to federal law, because the Tennessee lemon law does not regulate used cars. 

The Magnuson-Moss Warranty Act is a federal law that offers similar protections. It is sometimes referred to as the federal lemon law, and covers more vehicles than the Tennessee lemon law. The federal law also covers all items included in the vehicle’s warranty.

This law may come into play if your car is having continuous problems, even if it is outside the express warranty period. If the vehicle is under a manufacturer’s warranty, you may be able to file a claim under the federal lemon law. The Magnuson-Moss Warranty Act offers compensation in the form of either a replacement or a refund. 

Additionally, some claims may fall under both the Magnuson-Moss Warranty Act and the Tennessee Lemon Law. 

Join a Free Lemon Law Defective Vehicle Investigation

You may qualify for this Lemon Law investigation under the following circumstances:

• You purchased your vehicle new;
• Your purchased your vehicle in 2018-2020;
• Your vehicle is still under warranty;
• You have taken your vehicle in for repair several times; and
• It is still having the same problem.

(Note: Residents of North Carolina do not qualify for this investigation.)

See if you qualify by filling out the form on this page for a case evaluation by experienced Lemon Law lawyers or call (877) 289-0615.

Get a Free Case Evaluation