Finding out that your new car is defective is quite frustrating. However, suppose you have made changes, such as performance enhancements, personalized wheels, or aftermarket parts. In that case, the worry that you may have forfeited your rights under state or federal lemon laws can be overwhelming. Fortunately, modifications do not automatically bar you from pursuing a successful lemon law claim. Here are three critical factors to consider.
1. Proving the Underlying Defect Existed Prior to or Independently of Modifications
The essence of any lemon law claim is proving that a major defect existed during the vehicle’s original manufacturer warranty period and greatly affected its usability, value, or safety. Crucially, your claim focuses on the original, covered defect, not issues potentially caused later by modifications.
If you can establish that the core problem manifested before any modifications were made or is demonstrably unrelated to them, the modifications become significantly less relevant. Documentation is paramount. This includes repair orders dated before any changes and dealership communications acknowledging the issue early on. Evidence showing the defect’s nature is inherent in the vehicle’s original design or manufacturing is another powerful tool. The burden rests on you to show the defects weren’t caused by your changes.
2. Establishing the Modifications Did Not Cause the Specific Lemon Law Defect
Manufacturers will strongly contend that any change, even those that appear insignificant, caused or added to your issue. They will closely examine every aftermarket component or modification. Your ability to win hinges on proving that your modifications are unrelated to the fundamental defect forming the basis of your lemon law claim. For example, adding a performance exhaust system doesn’t cause a defective infotainment unit to crash and reboot repeatedly.
Likewise, fitting off-road tires and a minor suspension lift does not account for persistent engine piston ring failure. This can result in high oil consumption. Replacing speakers shouldn’t lead to an early failure of the factory-installed hybrid battery system. This defense tactic is precisely where specialized knowledge becomes critical.
Engaging lemon law attorneys with a deep understanding of manufacturer tactics is essential. They have experience in handling and maximizing settlement recoveries from Lemon Law claims, including expertly countering these modification causation arguments by dissecting technical relationships and engineering reports.
3. Showing the Modifications Didn’t Void the Specific Warranty Covering the Defect
Just as each warranty is unique, not every alteration invalidates all warranties. The Magnuson-Moss Warranty Act clearly indicates that a manufacturer cannot invalidate your warranty entirely just because you utilized an aftermarket component or performed a modification. They may only refuse warranty coverage for a particular repair if they can demonstrate that your aftermarket component or modification directly led to the damage requiring repair. This is the legal “causation requirement.”
For lemon law purposes, if your modification did not cause the substantial defect you’re claiming, such as an ECU tune not causing a sunroof to leak chronically, the manufacturer cannot use the modification to deny your lemon law rights related to the sunroof.
Even if a modification might be related to one minor issue, it does not automatically void coverage for completely unrelated, independently occurring defects that qualify the vehicle as a lemon under the law. The manufacturer bears the burden of demonstrating a direct causal link between your specific modification and the specific failure constituting the lemon law defect.
Endnote
While vehicle modifications introduce complexity, they are not an automatic bar to a successful lemon law claim. Success lies in carefully recording the initial defect and demonstrating its separation from your changes. Understanding the subtle regulations regarding warranty nullification is also important. If you think your modified car might be a lemon, talk to a lemon law expert right away to protect your rights and get guidance.