Lemon laws in the state of Vermont are only valid for certain vehicles. These include only passenger vehicles and exclude motorized highway building equipment, tractors, road-making appliances, motorcycles, snowmobiles, mopeds, the “lived in portions” of RVs, and trucks over ten thousand pounds.
The general Vermont law states that the motor vehicle in question must have had a minimum of three repair attempts or be out of service for thirty or more days. These days do not need to be in a row and can be added up over a year’s time. All repairs and out-of-service days must be within the express warranty time period in order to be valid. If a motor vehicle is found to be a lemon following a warranty’s completion, the owner may not be eligible for lemon refunds.
Lemons include motor vehicle that require continual repair, while still under warranty. Only specific repairs are eligible for lemon status. These normally include any defect that can impair the safety of passengers or other drivers. When filing for a lemon, an owner should have all the proper paperwork listing how many repairs were performed, when, and on what portions of the motor vehicle. This will stand as evidence towards insuring a lemon.
Chapter 115 of Sections 4170 through 4181 of Vermont law states that manufacturers are obligated to provide costly resolve when the motor vehicle is still under warranty. This also includes importers and distributors. When a motor vehicle is deemed a lemon the manufacturer is required to either replace the motor vehicle or refund the entirety of the purchase.
Chapter 115 does not allow motor vehicle dealers – either used or new – to be sued, at least under this chapter. Manufacturers are not required to replace or refund any cosmetic additions to lemon vehicles, including painting, sound systems, or body work.
Express warranties include warranties as defined through the Uniform Commercial Code and include all additional written warrants provided through the manufacturer. Dealers may be held responsible for carrying out warranty requirements, rather than manufacturers.
When a newly-purchased motor vehicle is unable to conform to express warranties and there is a nonconformity reported to the manufacturer prior to the warranty’s completion, the dealer is responsible for assigning the manufacturer to repair whatever defects are present. This, however, is not required if another defect arises after the warranty’s completion.
Motor vehicles can only be replaced through a manufacturer if the manufacturer, dealer, or other agent has attempted to make the motor vehicle conform to express warranty standards. Within thirty days of issuing a lemon if the motor vehicle has not been fully fixed, a new motor vehicle or full refund will be issued. Refunds are to include down payments, credit charges, finance charges, registration fees, credits, allowances, and any other associated fee.
If the motor vehicle needed repair prior to reaching one hundred thousand miles, received a first repair, and all eligibility affairs are in order, the state of Vermont is required to refund all paid taxes on the motor vehicle.