Defect That Substantially Affects Use, Value or Safety
For a lemon law claim, your vehicle must continue to have a defect that impairs its use, value or safety. The defect must substantially impair at least one of these three:
- Use
An impairment of use might seem obvious: it is something that makes the vehicle less useful. For example, if the vehicle you purchased has an irreparable transmission problem that causes the vehicle to work improperly, then its use would be impaired. - Value
A vehicle’s value is impaired if the defect causes it to be worth less than the same vehicle that does not have that defect. For example, a vehicle with an defective sunroof that causes rain to drip into the vehicle is worth substantially less than that same vehicle with a fully operable sunroof. - Safety
A safety impairment is usually so obvious that it does not require explanation. If your vehicle has a defect that makes it dangerous so that it poses a threat to your safety or that of others, then your vehicle has a defect affecting safety. For example, a vehicle stalls has a safety defect.