Lemon law remedies
Replacement vehicle or refund
If the prerequisites have been met, the manufacturer must provide the consumer with a new vehicle of like model line, if available, or otherwise a comparable motor vehicle as a replacement, or accept the return of the vehicle from the consumer and refund to the consumer the full purchase price of the new vehicle, including all collateral charges, less a reasonable allowance for consumer use of the vehicle. (The Act defines "reasonable allowance.")
Refunds made shall be made to the consumer and lien holder if any exists, as their respective interests appeal.
Any replacement vehicle provided to the consumer under this Act is also accorded the same protection of the Act.
Seller's affirmative defenses
Where the nonconformity is the result of abuse, neglect or unauthorized modifications or alterations.
Where the action is brought beyond the statutory limitations period, any action under this Act must be commenced within 18 months following the date of original delivery of the car to the consumer.
Part of the Legal Professionals library, sponsored by Quilling, Selander, Lownds, Winslett & Moser.
