Vermont's Repair-Attempt Presumption (§ 4172)

Vermont’s lemon-law presumption is set by 9 V.S.A. § 4172. Meet it and the law presumes the manufacturer has had a reasonable number of attempts to fix the vehicle — the basis for a Board award.

The two triggers

Within the term of the express warranty, the presumption arises if either:

1. Three or more repair attempts — the same defect has been subject to repair three or more times and persists; the first repair must occur within the warranty term; OR
2. 30 calendar days out of service — the vehicle is out of service for repair a cumulative 30 or more calendar days.

Vermont’s three-attempt threshold is on the lower (more consumer-friendly) end, and the 30-day count is in calendar days.

The final-repair opportunity

Before a Board hearing, the manufacturer is entitled to one final opportunity to correct the defect, made available at least five days before the hearing (§ 4173(d)). You also give written notice electing your remedy. See manufacturer response.

What counts as a repair attempt

• A visit to the manufacturer or an authorized dealer for the same defect. See which repair shop.
• Independent-shop and DIY repairs don’t count — and can trigger an abuse defense.
• Keep a repair order for every visit describing the problem in your words.

Substantial impairment still required

The presumption speaks to how many attempts are reasonable — you still must show the defect substantially impairs the use, market value, or safety of the vehicle (§ 4171). See qualifying defects.

Bottom line

In Vermont, three repair attempts or 30 calendar days out of service within the warranty presumes a reasonable number of attempts — subject to the manufacturer’s final repair before the hearing. Document every visit. Get a free case review.

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