Lemon Law Basics: Vermont Lemon Laws
Summary of Vermont Lemon Law
What vehicles are covered under Vermont lemon law?
Vermont lemon law covers leased or purchased vehicles that are registered
in the state of Vermont. Tractors, motorcycles, highway equipment, snowmobiles,
mopeds, the living areas of motor homes, and trucks with a gross vehicle
weight of more than 12,000 pounds are excluded from Vermont lemon law.
Government groups and businesses with more than three registered vehicles
are also not protected by the lemon law.
What protections do I have under Vermont lemon law?
Vermont lemon law says that if a consumer reports a serious defect that
prevents the vehicle from conforming to its warranty to the manufacturer
within the warranty period, the manufacturer must repair the nonconformity
even if repairs extend outside the warranty period. Serious nonconformities
negatively affect a vehicle's safety, use, or value. The manufacturer
is not liable for nonconformities that were caused by abuse, neglect,
or modification by the consumer.
If the manufacturer is unable to repair the nonconformity after a reasonable
number of attempts, the vehicle must be replaced or repurchased.
What steps must occur before seeking settlement under the Vermont
lemon law?
Vermont lemon law presumes that the manufacturer has had a reasonable
chance to repair the nonconformity after three unsuccessful attempts to
repair the same nonconformity (at least one of which must occur within
the warranty period) or a period of 30 days when the vehicle is out of
commission for repair of one or a series of nonconformities. All repairs
must be made at the same location unless the consumer can show a good
reason for changing the repair facility.
Filing a claim under Vermont lemon law
After this presumption has occurred, the consumer must notify the manufacturer
in writing of the nonconformity and give notice of intent to invoke the
Vermont lemon law. This notice must be given on a form which is provided
by the manufacturer, and must include the consumer's choice of resolution
under the manufacturer's settlement board or one run by the state. Arbitration
must be completed within 45 days of receiving this notice, during which
time the manufacturer will also have a final opportunity to repair the
nonconformity.
All Vermont lemon law claims must be started within one year following
the expiration of the warranty or one year after the manufacturer's final
attempt to repair the nonconformity, whichever comes later.
What are the settlement details under Vermont lemon law?
If an owned vehicle is repurchased under Vermont lemon law, the manufacturer
must pay a sum which includes the full purchase price, plus trade-ins,
down payments, finance charges and registration fees, and incidental damages.
An amount for the consumer's use of the vehicle is subtracted from this
sum. The usage amount is calculated by dividing the number of miles driven
before the first attempt to repair the nonconformity by 100,000 and multiplying
the result by the full purchase price.
If a leased vehicle is repurchased under Vermont lemon law, the manufacturer
must pay the lessee a sum which includes all payments and deposits made
to the lessor, and any collateral or incidental charges, minus an offset
for use and minus payments for purchase tax. The usage charge is calculated
by dividing the number of miles on the vehicle before the first repair
attempt by the number of miles in the contract, and multiplying the result
by the deposit and payments made on the lease.
Under Vermont lemon law, the manufacturer must also pay a sum to the
lessor that includes 105% of the purchase price of the vehicle, all dealer
charges such as preparation and accessories, freight charges, and any
costs paid to obtain the lease. The payments made by the lessee are subtracted
from this sum.
If a vehicle is replaced under Vermont lemon law, the new vehicle must
be similar in make, model, and value to the original.
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