Lemon Law FAQ (v2022-1)
Yes. Republic Act No. 10642, otherwise known as the “Lemon Law” protects buyers of brand new cars against defects or other conditions that substantially impair the value or safety which cannot be repaired.
The buyer is protected while the car is within 12 months from the delivery date or up to 20,000 kms (whichever comes first).
If there is a defect or other condition that cannot be repaired, the seller will be required to either replace the unit or return the money you paid.
You should bring the vehicle to the dealership where you bought it. They will inspect the vehicle and attempt to repair the car.
The dealership should finish the repair attempt in fifteen days. If they take longer, the excess days will be added to the time the brand new car is covered by the lemon law.
No, not yet. You will be entitled to ask for replacement or return after four attempts to fix the problem and if it has not been addressed despite the efforts to do so.
No. But, you are entitled to a “reasonable daily transportation allowance” that is equivalent to taxi fare to and from your place of work.
Note that there is a requirement to send a “Notice of Availment of Lemon Law Rights”. This must be sent before availing any of the rights under the Lemon Law, including the right to ask for a replacement.
You may initiate arbitration or adjudication with the DTI.
No. But, you are also allowed to be represented by legal counsel, if you prefer.
The dealer could cite one of the exclusions for coverage, stated in the law:
(a) Noncompliance by the consumer of the obligations under the warranty;
(b) Modifications not authorized by the manufacturer, distributor, authorized dealer or retailer;
(c) Abuse or neglect of the brand new motor vehicle; and
(d) Damage to the vehicle due to accident or force majeure.
If you do not return the vehicle within fifteen days after it is repaired, the repair will be deemed successful. In this circumstance, you will no longer be allowed to bring it back for the purpose of availing the rights under the lemon law.
No. The law covers motor vehicles that are meant to carry passengers.
No. The law expressly excludes motorcycles. However, the consumer protection act still covers those who purchase motorcycles.