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
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.
Manufacturer Requirements
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.
Warranties
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.