Vermont Lemon Law

[MarvBear]

Information from NADA Title & Registration Textbook 2004

 

Vermont Lemon Law

 

A “new motor vehicle’ under the lemon law is a passenger motor vehicle that has coverage under the manufacturer’s express warranty 9 V.S.A § 4171(9). If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or authorized dealer during the term of the warranty, the manufacturer shall cause whatever repairs are necessary to conform the vehicle to the warranty, notwithstanding the fact that the repairs are made after the expiration of a warranty term. If, after a reasonable number of attempts, the manufacturer, its agent or authorized dealer or its delegate is unable to conform the motor vehicle to any express warranty by repairing or correcting any defect or condition covered by the warranty which substantially impairs the use, market value, or safety of the motor vehicle to the consumer, the manufacturer shall, at the option of the consumer within 30 days of the effective date of the Vermont New Motor Vehicle Arbitration Board’s order, either replace the vehicle or provide a pro-rated refund. If a replacement is elected, the manufacturer shall replace the motor vehicle with a new motor vehicle from the same manufacturer, if available, of comparable worth to the same make and model with all options and accessories with appropriate adjustments being allowed for any model year differences. If the consumer requests a refund, the manufacturer shall accept return of the vehicle and refund to the consumer, and lienholder (if applicable), the full purchase price as documented in the purchase contract, including specified credits and allowances with a deduction for a reasonable allowance for use. 9 V.S.A.§ 4172(e). Lease refund/replacement provision are outlined under 9 V.S.A.§4172(i). It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if: (1) The same nonconformity as identified in any written examination or repair order has been subject to repair at least three times by the manufacturer, its agent, or authorized dealer with at least the first repair occurring within the express warranty term and the same nonconformity continues to exist; or (2) The vehicle is out of service by reason of repair of one or more nonconformities, defects or condition for a cumulative total of 30 or more calendar days during the term of the express warranty For additional information please contact the Motor Vehicle Arbitration Board, Agency of Transportation – Drawer 33, Policy & Hearing Section, National Life Records Center Bldg., Montpelier, VT 05633