Key points about Alabama’s lemon law for defective vehicles:
- Alabama’s lemon law generally protects qualifying new or previously untitled vehicles with serious warranty problems that substantially affect their use, value, or safety.
- A vehicle may qualify as a lemon if the same problem still isn’t fixed after 3 or more repair attempts or it has spent a total of 30 days in the shop for repairs.
- At least 1 repair attempt generally must occur during the first 1 year or 12,000 miles, whichever comes first.
- Consumers with qualifying lemons may choose between a comparable replacement vehicle and a refund.
- Alabama’s lemon law generally applies to claims against the manufacturer, not the dealership, although dealer misconduct may potentially create other legal claims.
- An Alabama lemon law lawsuit generally must be filed within 3 years of the vehicle’s original delivery.
When you buy a new car, truck, or SUV, you expect a safe, reliable vehicle—not one that requires repeated trips to the dealership for the same problem.
Fortunately, Alabama has a specific lemon law that protects certain consumers when a new vehicle has a serious warranty problem that the manufacturer can’t fix after being given a reasonable opportunity to do so.
But simply having a defective vehicle doesn’t automatically make it a “lemon.” Alabama law has specific rules about which vehicles qualify, how serious the problem must be, when you have to report it, and how many opportunities the manufacturer gets to make repairs.
Below, we’ll explain those requirements and what you can do if you’ve been stuck with a vehicle that just can’t seem to stay out of the repair shop.
If you believe you were sold a defective vehicle in Alabama, contact Nomberg Law Firm to discuss what happened and whether you may have a claim.
What’s a lemon law?
A lemon law is a consumer protection law designed to help people who purchase certain new vehicles with serious defects that can’t be successfully repaired.
Under Alabama’s lemon law, found in Alabama Code Title 8, Chapter 20A, manufacturers are generally required to repair a qualifying problem covered by their written warranty when the consumer reports the problem within the period required by law.
If the manufacturer is unable to fix the problem after being given a reasonable opportunity to do so, the law may ultimately entitle the consumer to a replacement vehicle or refund.
In other words, Alabama’s lemon law protects consumers against certain significant warranty problems that the manufacturer can’t successfully correct.
What vehicles are covered under Alabama’s lemon law?
Alabama’s lemon law generally applies to new or previously untitled, self-propelled vehicles intended primarily for use on public highways when they’re purchased for something other than resale and used substantially for personal, family, or household purposes.
The law specifically excludes:
- Motor homes
- Vehicles with a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds or more
The vehicle also needs to have a written manufacturer’s warranty because the lemon law is based on the manufacturer’s failure to bring the vehicle into compliance with that express warranty.
Does Alabama’s lemon law apply to used cars?
Generally, no. Alabama’s lemon law defines a consumer in terms of someone who purchases a new or previously untitled motor vehicle, so a typical used car that was previously titled to another owner isn’t covered by the state’s lemon law.
When is a car considered a lemon under Alabama law?
A new vehicle may qualify as a lemon in Alabama when it has a serious problem covered by the manufacturer’s warranty that substantially affects its use, value, or safety and the manufacturer can’t fix it after a reasonable number of attempts.
The problem can’t have been caused by an accident, abuse, neglect, or an unauthorized modification to the vehicle.
So, how many chances does the manufacturer get to fix it?
Alabama law generally presumes the manufacturer has had a reasonable opportunity when, within the first 24 months or 24,000 miles (whichever comes first), either:
- The same problem has been repaired 3 or more times and still isn’t fixed. At least 1 repair attempt must have occurred during the lemon law rights period (the first 1 year or 12,000 miles, whichever comes first), and the manufacturer must also be given a final opportunity to fix the problem.
- The vehicle has been out of service for repairs for a total of 30 calendar days. At least 1 repair attempt must have occurred during the lemon law rights period, and the 30 days can be spread across multiple trips to the repair shop.
Certain delays outside the manufacturer’s control may not count toward those 30 days.
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How long does lemon law protection last in Alabama?
Alabama’s lemon law has 2 different time periods that are important to understand.
The lemon law rights period lasts until 1 year after the vehicle was delivered to you or until it has been driven 12,000 miles, whichever comes first. You must give notice of the qualifying problem and take the vehicle in for at least 1 repair attempt during this period.
However, additional repair attempts can continue to count after the lemon law rights period ends. The manufacturer’s obligation to repair can continue for up to 24 months or 24,000 miles after delivery, whichever comes first, as long as you first reported the problem during the lemon law rights period.
For example, suppose you take your new vehicle to the dealership for a serious transmission problem at 10,000 miles. The problem returns and requires additional repairs at 14,000 and 18,000 miles. Those later repairs aren’t automatically excluded simply because the vehicle has passed 12,000 miles.
That’s why it’s important to report serious problems promptly and keep every repair order showing when the vehicle was repaired, what problem you reported, and the mileage at the time.
Can I get a refund or replacement if a dealer sells me a faulty car in Alabama?
If your vehicle qualifies under Alabama’s lemon law and the manufacturer can’t repair the qualifying problem after reasonable attempts, you get to choose between a comparable new vehicle and a refund.
The responsibility for providing that remedy falls on the manufacturer, not the dealership.
A refund can include more than simply the sticker price. Alabama law provides for the full contract price, including certain installed options and charges, plus items such as:
- Sales tax, registration fees, and similar government charges
- Nonrefundable portions of extended warranties and service contracts
- Finance charges incurred after you first reported the problem
- Certain incidental damages, including reasonable alternative transportation costs while you couldn’t use the vehicle because of the defect
If you choose a refund, however, the manufacturer is allowed to subtract an amount for your use of the vehicle before you first reported the problem.
The deduction is calculated by dividing the miles you drove before reporting the defect by 100,000 and multiplying that percentage by the vehicle’s full purchase price.
For example, if you paid $40,000 for the vehicle and first reported the problem at 5,000 miles, the manufacturer could deduct $2,000 for your use of the vehicle.
What should I do if I think my car is a lemon?
Don’t wait until the vehicle has been in the shop several times to start documenting the problem. The dates, mileage, and repair history can determine whether you qualify for protection.
If you think your vehicle may be a lemon:
- Report the problem promptly. At least 1 attempt to repair the qualifying problem generally needs to occur within 1 year or 12,000 miles, whichever comes first.
- Get a detailed repair order every time the vehicle goes into the shop. Make sure it accurately describes the problem you reported, what the dealership did to address it, the dates the vehicle was there, and the mileage.
- Keep track of days out of service. Alabama’s 30-day rule is cumulative, so keep a running total of every day your vehicle is unavailable because of repairs.
- Save other records related to the problem. Keep your purchase agreement, manufacturer’s warranty, emails and text messages, towing bills, rental-car receipts, and other documents showing what happened and what the defect has cost you.
- Notify the manufacturer and give it a final opportunity to repair the vehicle when required. Before filing a lemon law lawsuit, you must send the manufacturer written notice by certified U.S. mail describing the problem and previous repair attempts and demanding that it be corrected. When a final repair attempt is required, the manufacturer has 7 calendar days after receiving your notice to tell you where to bring the vehicle and another 14 calendar days after you deliver it to try to fix the problem.
- Complete any required manufacturer dispute-resolution process. If the manufacturer has an informal dispute program that meets the applicable requirements, Alabama law may require you to go through that process before filing a lemon law lawsuit.
If the same problem keeps coming back or your vehicle is approaching 30 total days out of service, don’t assume you have to keep accepting repair attempts indefinitely.
At that point, consider speaking with a Birmingham lemon law attorney before agreeing to additional repairs, signing paperwork from the manufacturer, or accepting a settlement or trade-in.
Can I sue a dealer for selling me a lemon?
Not under Alabama’s lemon law. A lemon law claim is brought against the vehicle manufacturer, not the dealership that sold you the vehicle.
However, that doesn’t mean a dealer can never be held responsible for selling a faulty vehicle.
You may have a different type of legal claim if the dealer lied about the vehicle, concealed important problems or damage, or otherwise misrepresented what you were buying.
For example, Alabama’s Deceptive Trade Practices Act prohibits certain false or misleading claims about a product’s condition or quality, as well as certain failures to disclose vehicle damage.
So, if the problem involves something the dealer said, did, or failed to disclose when selling you the vehicle, you may have legal options outside Alabama’s lemon law.
How long do I have to file a lemon law lawsuit in Alabama?
Under Alabama Code § 8-20A-6, an action against the manufacturer under the state’s lemon law must be filed within 3 years after the vehicle was originally delivered to the consumer.
Don’t confuse that deadline with the much shorter 1-year/12,000-mile lemon law rights period discussed above. They serve different purposes.
The 1-year/12,000-mile period determines when a qualifying problem must first be reported. The 3-year deadline determines how long you have from the vehicle’s original delivery to bring a lemon law lawsuit.
Waiting until you’re close to that 3-year deadline can create problems if you still need to complete required notice, repair, or dispute-resolution steps before filing suit.
How hard is it to win a lemon law case in Alabama?
Even if your vehicle seems to meet Alabama’s definition of a lemon, getting the manufacturer to provide a refund or replacement isn’t always simple.
Manufacturers and their insurance or legal teams may challenge your claim by arguing that the defect isn’t serious enough to substantially affect the vehicle’s use, value, or safety, that different repair visits involved different problems, or that the problem resulted from an accident, neglect, or a modification to the vehicle.
Additionally, if you miss an important deadline, fail to provide the required written notice, or don’t give the manufacturer its required opportunity to repair the vehicle, it can potentially hurt an otherwise valid claim.
If you’re stuck with a defective vehicle and aren’t sure whether you have a case, contact Nomberg Law Firm for a free consultation.
Our Birmingham car accident lawyers have decades of experience in lawsuits involving defective vehicles. We can review your repair history and warranty documents, determine whether you’ve met the law’s requirements, and deal with the manufacturer on your behalf to help you pursue the refund, replacement vehicle, or other relief you may be entitled to under Alabama law.