Many of the state laws contain specific guidelines as to what constitutes a sufficient number of attempts to repair, and whether these attempts entitle the consumer to a refund or replacement. These are:

a. If the defect is a serious safety defect involving brakes and or steering, the manufacturer is granted one attempt to repair.

b. If there is a safety defect that is not considered a serious safety defect, the manufacturer has two attempts to repair.

c. For any other defect, the manufacturer is usually given three or four chances to repair the same defect.

d. If at any time the vehicle is in the shop for a cumulative total of 30 days in a one year period, with at least one of those days occurring the first 12,000 miles.

If any one of these of these guidelines can be satisfied, the consumer is usually given the right to require repurchase or replacement of his/her vehicle.

Most lemon laws do allow an offset for use of the vehicle by the consumer. Oftentimes, a reduction in the consumer's purchase price return is used in relation to the number of miles he/she had put on the car. One law spells out the reduction in refund for use as follows:

(miles at time of refund X purchase price)/100,000

Only about one half of the lemon laws allow the consumer to recover attorney's fees in his/her action. Those states that do allow attorney's fees provide for a greater likelihood of success and representation in warranty disputes.