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Vermont

VERMONT Lemon Law:

Vt. Stat. Ann. tit. 9, §§ 4170 to 4181

Vehicles covered: New vehicles purchased, leased or registered,

including demonstrators (§ 4171(9)). Excludes tractors, highway

building equipment, road-making appliances, snowmobiles, motorcycles,

mopeds, living part of recreational vehicles and trucks

over 10,000 lbs. (§ 4171(6)).

Persons covered: Purchasers, lessees, transferees during express

warranty period, or any person entitled to enforce the warranty;

excludes government entities and businesses with three or more

vehicles (§ 4171(2)).

Period covered: Term of express warranty or written warranties

(§ 4172(a)).

Disclosure requirements: Manufacturer must provide form for

notice of defect at time the vehicle is delivered (§§ 4173(a), 4180);

display written notice of consumer rights at time of sale (§ 4180).

Required consumer notice: Notify the manufacturer in writing on

form provided by manufacturer after the third repair attempt or out

of service for thirty days (§ 4173(a)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

three or more repairs, or the vehicle is out of service for a

cumulative total of thirty or more calendar days; the first repair

attempt must be within the express warranty period (§ 4172(g)).

Affırmative defenses: The nonconformity does not substantially

impair the use, market value or safety of the vehicle, or is the result

of the consumer’s abuse, neglect, or unauthorized modifications or

alterations (§ 4172(f)); consumer has discontinued payments

(§ 4173(b)); statute of limitations (§ 4179).

Replace/refund: At the consumer’s option, within thirty days the

manufacturer shall replace with a new vehicle of comparable

worth, or refund the full purchase price less a reasonable use

allowance (defined) (§ 4172(e)).

Other reimbursement: Credits, allowances, fees, charges, and incidental

and consequential damages (§ 4172(e)).

Other remedies: A consumer can not pursue a remedy under this

chapter if it has discontinued payment due to the manufacturer’s

breach (§ 4173(b)). The manufacturer’s failure to comply with the

statute is an unfair or deceptive act or practice (§ 4177). No cause

of action created against dealer (§ 4178).

Informal dispute resolution: For remedies under this section, consumer

must notify manufacturer whether consumer elects to use

arbitration procedure established by manufacturer’s procedure or

the Vermont motor vehicle arbitration board’s (§ 4173(c)).

Resale of lemon: Full disclosure required and notice printed on title

(§ 4181).