If you are thinking about purchasing a new vehicle, you have probably heard people say "Don't buy a lemon." In car terms, a lemon is a new vehicle that has a reoccurring problem that you have to get repaired over and over again, but to no avail. Many people who think they are buying their dream car end up spending more time in the dealer's repair shop than actually driving on the road. From colorful smoke emissions to the never-ending oil drip, lemon cars are a costly burden on their owners.

With all the general advice about avoiding lemon cars, how do you actually know if you are making the mistake of buying a lemon car? Figuring out whether or not you have a lemon can be harder than you might expect, and every state has different laws regarding lemons. There is no specific federal "lemon law", and the most applicable federal statute only covers what is stated in your warranty package. Congress passed the Magnuson-Moss Warranty Act in 1975, stating that manufacturers and sellers of consumer products are required to provide buyers with detailed, written information about warranty coverage.

As a consumer, you can use this law as the basis for deciding if your car is a lemon. If the repeated problem you are having with your car is not specifically spelled out in the vehicle's written warranty, you will not be protected under federal law. For example, if that sticky turn signal or that funny noise in your brakes are not specifically covered in your vehicle's written warranty, you may be out of luck. If those items are covered under your warranty, you must give the seller three opportunities to fix the problems before you label your car as a "lemon". If the problem still isn't fixed, you may have the right to return your defective vehicle by filing a complaint through a state arbitration request or the state-certified program within 60 days.

To complicate things even further, individual states often handle lemon law cases in drastically different ways. For example, Colorado's lemon law only applies to a self-propelled private passenger vehicle that is designed primarily for travel on public highways and not used to carry more than 10 persons. Colorado's lemon law includes pickup trucks and vans, but does not include motorcycles or motor homes. Every state has also enacted different laws regarding the period of time that the vehicle is covered after the date of original delivery of the motor vehicle. The state of Colorado dictates that the seller has four repair attempts to fix the problem, or 30 business days where the vehicle can be out of service. The coverage period is only one year in Colorado, but this number ranges up to four years for other states.

Car buyers should be warned that they will not be able to seek coverage under Lemon Law if they buy a car off eBay that was sold "as is", with no warranty at all. Buyers should also take the time to educate themselves on the basics of Lemon Law and what types of mechanical failures are typically covered. A sticking door does not qualify the vehicle for lemon status because it does not "impair the use and market value", as is stated by state lemon laws.

If you are experiencing a serious problem with your new vehicle, such as brake failure or repeated stalling, you must be able to prove that you have a case for a lemon. In order to be successful, it is important to document the problems that you are experiencing with your vehicle in a manner that you can use in court. You should also save all of the paper work from your repairs, and keep any copies of letters or communication that you have written or received. An experienced attorney can help you follow all of the guidelines and regulations in your state so that you have the best chance to finally get the car of your dreams.