Is there an explicit number of repair attempts that must occur before a consumer can file a lemon law claim?
No, the claim by many manufacturers’ that a consumer does not have a valid lemon law claim unless there have been four repair attempts to the same defect within the first 12,000 miles is misleading and inaccurate. A valid lemon law claim arises when the consumer has given the manufacturer a reasonable opportunity to repair the vehicle within the warranty period and the manufacturer has failed to do so. A “reasonable opportunity” usually involves more than one repair attempt. The judicial system is well aware that manufacturers and dealership repair personnel cannot correctly identify and correct every problem every time. However, manufacturers and dealers are expected to act reasonably and address customer concerns in an effective manner. Case law indicates that courts generally expect consumers to allow three failed repair attempts before turning to the judicial system. “Within the warranty period” means that the consumer can hold the warranty-issuing party responsible for the warrant