Minnesota Lemon Law: Do You Qualify?

Minnesota lemon law at a glance

Coverage window

A defect reported during the manufacturer's express warranty term or within two years of original delivery, whichever is earlier. Repairs are owed even if made after that period ends. A defect first reported later in the warranty term can still lead to a refund or replacement if the repair attempts happen within three years of original delivery. The warranty term, the two-year period and the 30-day period are extended while repair services are unavailable because of a war, invasion, strike, fire, flood, or other natural disaster.

Repair attempts

4 or more repairs of the same defect that still exists, or 1 repair for a defect that completely fails the braking or steering system, is likely to cause death or serious bodily injury, and still exists.

Days out of service

A cumulative total of 30 or more business days (not calendar days) out of service for repair during the warranty term or two years of delivery, whichever is earlier. The statute does not define a business day.

Written notice

The four-repairs and 30-day presumptions apply only if the manufacturer, its agent, or its authorized dealer received your written notice at least once and an opportunity to cure the defect. A dealer or agent must forward it to the manufacturer by certified mail, return receipt requested. The safety presumption has no stated notice rule, but the statement a manufacturer must give you at purchase says that to be entitled to a refund or replacement you must first notify it in writing and give it an opportunity to repair.

Defenses

It is an affirmative defense that the defect does not substantially impair the vehicle's 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.

What the refund includes

The full purchase price, including options installed within 30 days of delivery, sales or excise tax, license and registration fees, towing and rental vehicle expenses, and the dealer-stated trade-in value, less an allowance for use of no more than ten cents per mile or ten percent of the price, whichever is less. The manufacturer must itemize the amounts, and the refund goes to you and the lienholder as their interests appear. The tax refunded is reduced by the allowance's share of the price.

Dispute program

Manufacturers must run or join an in-state informal dispute program that follows 16 C.F.R. part 703. The refund-or-replacement remedy does not apply to a consumer who has not first used it, unless the manufacturer allows suit without it. Its decision is nonbinding unless the parties agree otherwise.

Deadline to sue

Three years from original delivery; but if you applied to the dispute program within those three years and are aggrieved by its decision, any lawsuit must be commenced within six months after its final decision.

Who is liable

The manufacturer. The section does not make a dealer liable or create a cause of action against a dealer, except for written express warranties the dealer made apart from the manufacturer's warranties. Other rights and remedies under other law stay open, and the attorney general may bring an action under section 8.31.

Used vehicles

The lemon law covers a person who receives the vehicle during an express warranty. Separately, a dealer must give a written warranty on a used car: at least 60 days or 2,500 miles under 36,000 miles at sale, 30 days or 1,000 miles from 36,000 to under 75,000, and 15 days or 500 miles from 75,000 to under 200,000 (unless sold by a new motor vehicle dealer). Those are minimums. The law lists exclusions, including a total cash price under $3,000, a diesel engine, a gross weight over 9,000 pounds, eight years of age or older, 200,000 miles or more, and a salvage title.

Minnesota lemon law: frequently asked questions

How many repair attempts does the Minnesota lemon law require?

Four or more repairs of the same defect that still exists, within the warranty term or two years of delivery, whichever is earlier, as long as you gave written notice and the manufacturer had an opportunity to cure. If a defect completely fails the braking or steering system and is likely to cause death or serious bodily injury, one repair attempt is enough while it continues to exist. The 30-day total counts business days, not calendar days. The presumption is only a presumption: without it you may still have a claim, but it will be harder to prove.

Do I have to use the manufacturer's dispute program before suing?

Yes, unless the manufacturer allows you to sue without it. The refund-or-replacement remedy does not apply to a consumer who has not first used the manufacturer's informal dispute settlement program before starting a civil action. The program's decision is nonbinding, and either side may remove it to district court for a trial de novo; a manufacturer must apply within 30 days after the decision is received. A consumer may be charged a fee of no more than the conciliation court filing fee in the county, and either side may have an attorney, although the Attorney General says attorney fees for arbitration are not recoverable under the lemon law.

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

Within three years of the original delivery of the vehicle. If you applied to the dispute program within those three years and are aggrieved by its decision, any lawsuit must be commenced within six months after the final decision. Other rights and remedies under other law are not limited.

Does the Minnesota lemon law cover leased or used vehicles?

It covers leases of more than four months, with the same rights as a purchaser except that a lessee gets a refund only, not a replacement. A person to whom the vehicle is transferred during the duration of an express warranty is also a consumer, and the Attorney General says the law covers used vehicles still under the original manufacturer's warranty. A used car bought from a dealer is also covered, unless an exclusion applies, by a separate dealer warranty law, which is automatic even if the dealer gives no paperwork: the dealer must repair or replace a covered part or, at the dealer's election, take the car back and refund you; it sets no repair-attempt count.

What can I recover if my vehicle qualifies in Minnesota?

A comparable replacement vehicle or a refund of the full purchase price, taxes and fees, and towing and rental costs, less an allowance for use of no more than ten cents per mile or ten percent of the price, whichever is less. A consumer injured by a violation may also recover costs and disbursements, including reasonable attorney's fees. If a court finds a decision of the dispute program was removed to court in bad faith, it awards the prevailing party three times the actual damages. A vehicle returned because of a complete brake or steering failure may not be resold in Minnesota, and the registrar records "lemon law vehicle" on the certificate of title of vehicles subject to the section.

Statutes cited on this page

• Minn. Stat. § 325F.665, subd. 2 (manufacturer's duty to repair; reporting period of the warranty term or two years, whichever is earlier)
• Minn. Stat. § 325F.665, subd. 1(b) ("consumer": purchaser or lessee, personal use at least 40 percent of the time, transferee during the express warranty, licensed ambulance service)
• Minn. Stat. § 325F.665, subd. 1(e) ("lease": a contract for a period of time exceeding four months, personal use at least 40 percent of the time)
• Minn. Stat. § 325F.665, subd. 1(f) ("motor vehicle": passenger automobile, RV chassis or van portion, ambulance chassis or van portion)
• Minn. Stat. § 325F.665, subd. 3(b) (presumption: four repairs of the same nonconformity or 30 business days out of service)
• Minn. Stat. § 325F.665, subd. 3(c) (presumption: complete failure of braking or steering, one repair attempt)
• Minn. Stat. § 325F.665, subd. 3(d) (warranty term, two-year period and 30-day period extended while repair services are unavailable)
• Minn. Stat. § 325F.665, subd. 3(e) (prior written notification and an opportunity to cure as a condition of the paragraph (b) presumption)
• Minn. Stat. § 325F.665, subd. 3(g) (the manufacturer's written statement at purchase or lease: notify the manufacturer in writing and give an opportunity to repair)
• Minn. Stat. § 325F.665, subd. 3(f) (attempts within three years of delivery where the defect was first reported during the warranty term)
• Minn. Stat. § 325F.665, subd. 3(a) (manufacturer must replace or refund; refund contents; allowance for use of ten cents per mile or ten percent of the purchase price, whichever is less; consumer may reject a replacement; trade-in; itemized statement; tax; allowance defined; affirmative defenses)
• Minn. Stat. § 325F.665, subd. 3(h) (the tax refunded is the tax paid less the tax multiplied by the allowance over the purchase price)
• Minn. Stat. § 325F.665, subd. 4 (lessee: same rights, refund only, lessor refund with early termination costs up to 15 percent)
• Minn. Stat. § 325F.665, subd. 5(b) (a vehicle returned for complete failure of braking or steering may not be resold in this state)
• Minn. Stat. § 325F.665, subd. 14(a) (the registrar records the term "lemon law vehicle" on the certificate of title)
• Minn. Stat. § 325F.665, subd. 6(a) (in-state informal dispute settlement mechanism complying with 16 C.F.R. part 703; use required before suit unless the manufacturer allows suit without it)
• Minn. Stat. § 325F.665, subd. 7 (mechanism decision is nonbinding; removal to district court for trial de novo)
• Minn. Stat. § 325F.665, subd. 8 (three times actual damages where a mechanism decision is removed in bad faith)
• Minn. Stat. § 325F.665, subd. 9 (civil action; costs, disbursements and reasonable attorney's fees; attorney general action under § 8.31)
• Minn. Stat. § 325F.665, subd. 10 (civil action within three years of original delivery; six months after the final mechanism decision)
• Minn. Stat. § 325F.665, subd. 11 (remedy nonexclusive)
• Minn. Stat. § 325F.665, subd. 13 (no dealer liability except for the dealer's own written express warranties; no chargeback)
• Minn. Stat. § 325F.662, subd. 2(a) (dealer's written express warranty on a used vehicle: terms by mileage at sale)
• Minn. Stat. § 325F.662, subd. 5 (the warranty is automatic if the dealer fails to give it)

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