Minnesota legislators call it 325F.655. Everybody else knows it as the
Minnesota Lemon Law enacted to protect car buyers when they get stuck
with a dud of an auto. One thing to remember about a lemon law is that
it's not meant to cover "buyer's remorse." Just because you're having
second thoughts about the car you just bought because you're not crazy
about the cup holders doesn't mean you can get a replacement.
The lemon law is for those cars that are not conforming up to the
manufacturer's intent which is a car that does everything the car is
supposed to do. The Minnesota law sets up a special arbitration board
to handle matters pertaining to a lemon. First you have to make sure
that your circumstances meet the requirements for arbitration.
Minnesota Lemon Law Qualifications
The first requirement is that the car in question needs to have been
bought or leased in the state of Minnesota. This includes cars, trucks
and vans as long as they are being used for at least 40% of time for
family or personal uses. In other words, a company car might not be
covered. The law does cover used vehicles as long as the car is still
under the original manufacturer's warranty.
The defect in question has to occur within the original warranty period
or the first two years of ownership. As much of an annoyance as this
might be, you will have to make at least four repair attempts for the
same single problem before you can call your car a lemon. It could also
be in the shop for 30 days. Of course, if there is an issue with the
steering or brakes then you don't have to wait out those first two
requirements and can proceed to the remedy phase.
Minnesota Lemon Law Remedy
Upon certified notification, the car maker is given one last attempt to
fix the problem. If it still persists you might have to go through the
car maker's own arbitration program. This is where you get to present
your arguments for a replacement or refund. These are considered
informal hearings where you don't really need a lawyer.
What you do need is all your paperwork. This should include any repair
bills, estimates or diagnostic reports from your mechanic. Note that
this mechanic of choice should be certified. It can't be a family
member who fixes cars in their spare time. You are also entitled to get
an independent appraisal which is always recommended. Think of it as a
second opinion.
If the arbitration board rules in your favor, you can either get a
replacement of the same make and model or a refund. In the case of a
refund, you're entitled to receive the purchase price along with any
additional taxes, fees or repairs costs. For a leased vehicle you'll
get back all the payments you made minus a reasonable driving allowance.
In the event that the arbitration hearing doesn't go in your favor, you
are entitled to sue the car maker in civil court. However, you will
then be at risk for your own lawyer's fee in addition to the car
maker's lawyer's fees if they win again.