Idaho Lemon Law: Do You Qualify?

Idaho lemon law at a glance

Coverage window

A defect reported during the express warranty term, within 2 years after original delivery, or before 24,000 miles, whichever is earliest. If you first reported it during the warranty term, repair attempts within 3 years of original delivery still do not bar a refund, though without the presumption.

Repair attempts

4 or more times for the same nonconformity, and it continues to exist. The manufacturer must have at least one opportunity to repair.

Safety defects

One repair attempt is enough for a complete failure of the braking or steering system likely to cause death or serious bodily injury if the vehicle is driven, if the problem continues to exist.

Days out of service

30 or more cumulative business days out of service by reason of repair.

Written notice

The 4-attempt and 30-day presumption applies only if the manufacturer, its agent or its dealer received your written notice at least once and an opportunity to cure the defect. The one-attempt brake and steering presumption has no notice condition.

Who is covered

The purchaser or lessee of a new motor vehicle, other than for resale or sublease, used for personal business use or personal, family or household purposes, and a person to whom it is transferred for those purposes during an express warranty. A lease must run for more than four months. The vehicle must be sold or licensed in Idaho.

Excluded vehicles

Motorcycles, farm tractors, trailers, and any motor vehicle with a gross laden weight over 12,000 pounds. The act applies to vehicles sold or licensed in Idaho. Title 49 does not define "gross laden weight", so a vehicle near the limit is a question for an attorney.

Refund

The amount you paid, including trade-in value, up to 105% of the manufacturer's suggested retail price, plus sales or excise tax, license and registration fees, and towing and rental expenses from the vehicle being out of service for warranty repair; less a reasonable allowance for your use. A lessee gets a refund only.

When the manufacturer can refuse

It is an affirmative defense that the nonconformity does not impair the use or market value, or that it results from abuse, neglect, or unauthorized modifications or alterations by anyone other than the manufacturer, its agent or its authorized dealer.

Dispute program and deadline

The refund and replacement remedy does not apply if you sue without first using the manufacturer's Idaho dispute mechanism, unless the manufacturer allows suit without it. A civil action is due within 3 years of original delivery; an appeal of a mechanism decision within 3 months of the final decision, if you applied within the 3 years and are aggrieved.

Dealers and other remedies

The chapter imposes no liability on a dealer and creates no additional cause of action against one, except for written express warranties the dealer made apart from the manufacturer's warranties (§ 48-913). It does not limit rights or remedies under any other law (§ 48-911).

Bad-faith damages

Treble damages, with costs and attorney's fees, go to the prevailing party when the district court finds a party removed a mechanism decision in bad faith, and either side can be liable (§ 48-908). The Attorney General may bring an action under the Idaho Consumer Protection Act against a manufacturer when in the public interest (§ 48-909).

Used vehicles

The act covers a "new motor vehicle", and a person to whom it is transferred during the express warranty is also a consumer. A returned vehicle may be resold or re-leased in Idaho only with the same express warranty for at least 12,000 miles or 12 months and a written statement that it was returned.

Idaho lemon law: frequently asked questions

How many repair attempts does the Idaho lemon law require?

Four for the same nonconformity, within the express warranty term, two years of delivery or 24,000 miles, whichever is earliest, if the problem still exists. Alternatively, 30 or more cumulative business days out of service by reason of repair during the term or that period, whichever is earlier. For a complete failure of the braking or steering system likely to cause death or serious bodily injury, one attempt is enough. The manufacturer must still have at least one opportunity to repair.

Do I have to give the manufacturer written notice?

For the 4-attempt and 30-business-day presumption, yes: the manufacturer, its agent or its dealer must have received your written notice at least once and an opportunity to cure. A dealer that receives it must forward it to the manufacturer by certified mail, return receipt requested. The statute does not require you to use certified mail, though the Attorney General advises it. The braking and steering presumption has no such condition.

Do I have to use arbitration first?

Every manufacturer doing business in Idaho must operate or join an informal dispute settlement mechanism in Idaho. The refund and replacement provisions do not apply to a consumer who has not first used it before suing, unless the manufacturer allows suit without it. Its decision is nonbinding unless the parties agree otherwise, and any party may remove it to district court for a trial de novo; a manufacturer must do so within 30 days after the decision is received. You may be charged a fee of no more than the conciliation court filing fee, be represented by an attorney, and contest a claim that a defect is within the vehicle's intended specifications by having a technical expert you select and pay for appraise it.

What can the manufacturer argue to avoid a refund?

It is an affirmative defense to any claim that the alleged nonconformity does not impair the use or market value, or that it is the result of abuse, neglect, or unauthorized modifications or alterations of the vehicle by anyone other than the manufacturer, its agent or its authorized dealer.

How long do I have to sue under the Idaho lemon law?

Within three years of the date of original delivery. If you applied to the dispute mechanism within those three years and are aggrieved by its decision, an appeal must be commenced within three months after the final decision.

Statutes cited on this page

• Idaho Code § 48-901(1) (definition of "consumer": purchaser or lessee, or a transferee during the express warranty)
• Idaho Code § 48-901(4) (definition of "lease": a period of time exceeding four months)
• Idaho Code § 48-901(7) (definition of "motor vehicle" and its exclusions)
• Idaho Code § 48-902(1) (duty to repair; report during the warranty term, two years or 24,000 miles, whichever is earliest)
• Idaho Code § 48-903(2) (presumption of a reasonable number of attempts: four repairs or 30 business days)
• Idaho Code § 48-903(3) (braking or steering failure: one repair attempt)
• Idaho Code § 48-903(6) (expiry of the periods does not bar a refund if attempts occur within three years and the defect was first reported during the warranty)
• Idaho Code § 48-903(5) (written notice and an opportunity to cure as conditions of the presumption)
• Idaho Code § 48-903(1) (replace with a comparable vehicle or refund, less a reasonable allowance for use; the consumer may reject a replacement; refunds go to the consumer and lienholder; affirmative defenses)
• Idaho Code § 48-903(1) (affirmative defenses: no impairment of use or market value; abuse, neglect or unauthorized modification)
• Idaho Code § 48-903(8) (the sales or excise tax refund is reduced by the tax times the allowance over the price)
• Idaho Code § 48-904 (lessees: refund only, with the lease-payments allowance)
• Idaho Code § 48-905(1) (a returned vehicle may be resold only with a new warranty and a written statement)
• Idaho Code § 48-906(1) (informal dispute settlement mechanism; use it before suit)
• Idaho Code § 48-907 (a mechanism decision is nonbinding; either party may remove it to district court)
• Idaho Code § 48-908 (treble damages for removing a mechanism decision in bad faith)
• Idaho Code § 48-909 (civil action: costs, disbursements and reasonable attorney's fees, not fees from informal dispute resolution)
• Idaho Code § 48-910 (civil action within three years of original delivery; three months to appeal a mechanism decision)
• Idaho Code § 48-911 (the chapter does not limit other rights or remedies)
• Idaho Code § 48-913 (dealer liability only for its own written express warranties)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.