TN Lemon Law FAQ
Answers to Frequently Asked Questions
In order to provide Tennessee drivers with accurate, up-to-date information on this state's Lemon Law, we've compiled this FAQ answering the most common questions we hear on the lemon law Hotline.
- How does the Tennessee Lemon Law work?
- Does a problem always need to occur three times to be considered a lemon?
- What happens if I fall outside the 12 months/warranty period before my first problem exists?
- How does the law offer cost-free representation?
- Are leased cars covered under the TN Lemon Law?
- Are motorcycles covered under the TN Lemon Law?
- Are used cars covered under this Lemon Law
- I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
- Where can I find more answers to my questions about the Lemon Law in Tennessee?
Remember that, under this Lemon Law, legal representation is always completely FREE and at no cost to consumers.
How does the Tennessee Lemon Law work?
The Tennessee Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first year of ownership or during the express warranty period (whichever comes first) that can't be repaired after repeated attempts (normally three) by a manufacturer-authorized dealership.
Does a problem always need to occur three times to be considered a lemon?
Not necessarily. If your car is in the shop 30 days or more in the first 12 months or during the express warranty period (whichever comes first), consecutive or not, we can file a claim under the TN Lemon Law.
What happens if I fall outside the 12 months/warranty period before my first problem exists? Does this mean I do not have a claim?
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal–Magnuson Moss Warranty Act. Please let us know about your repairs, and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free under the Magnuson–Moss Warranty Act.
How does the law offer cost-free representation?
The Tennessee Lemon Law contains a fee-shifting provision which means that, if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit your claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose.
This fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Are leased cars covered under the TN Lemon Law?
Yes, cars that are purchased and leased are both covered under the TN Lemon Law.
Are motorcycles covered under the TN Lemon Law?
Yes. Motorcycles are covered under the TN Lemon Law.
Are used cars covered under this Lemon Law?
Used cars are not covered under the TN Lemon Law. In such instances, we typically represent our clients under the Magnuson–Moss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the TN Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturers warranty.
I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?
No. Problems can occur immediately, but if you are interested in opening a Tennessee Lemon Law claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, as well as securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager.
We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother.
Never leave your car and keys at the dealer, telling them you no longer want it. This could count as a voluntary repossession, which may hurt your credit. If you have problems with a new vehicle, consult a consumer attorney, be it us or somebody else.