Lemon Law

Buyers of new cars, used cars, trucks, vans, RV's, motor homes, and more are covered in all states by the lemon law. This law is in effect to protect consumers from vehicles, and even some other products, that are defective. Knowing what you are protected from is the first step to understanding if you may have a lemon law case. In this article, the different aspects of the lemon laws will be examined.

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What is the Lemon Law?
The lemon law is designed to help owners of new and used vehicles get retribution if they purchase a vehicle that continually is in need of repairs, even under warranty. When a vehicle has a defect or defects that limit the car’s use, it may be considered a lemon. If the defect affects the value or safety of the car, it may also be a lemon, and you may be entitled to receive compensation for it. For owners of new cars, problems may occur that are covered under warranty, but if they keep recurring, you may have a case on your hands.

The lemon law allows owners who believe they qualify to request arbitration through their state’s Attorney General’s Office, at no charge to them. If you qualify, you may be able to get the lemon out of your life for good. All fifty of the United States have passed lemon laws as of the year 1993. Standards and procedures differ for each individual state, although the coverage is typically the same. Car manufacturers replace, buy back, and offer cash settlements to thousands of lemon owners each year. If you believe you are driving a lemon, you may be entitled to more than you think. It is prudent to do the proper research to see what you are entitled to.

Does my Vehicle Qualify?
There may be many reasons that your vehicle could qualify for the lemon law. If your vehicle has one or more defects that your dealership or seller has attempted to fix a reasonable number of times, you may qualify for the lemon law. Even if the vehicles problems are covered under a warranty, the law states that after a reasonable number of attempts have been made to fix the car, it may be a lemon. If a car repeatedly fails to meet safety standards, or standards of quality and performance, that vehicle may qualify under its state’s lemon laws.

The federal lemon law is called the Magnuson-Moss Warranty Act, and it is designed to protect consumers in all states. Laws vary from state to state, and each state has different names for its lemon laws. Generally, however, if a vehicle has been repaired 4 or more times for the same defect, and the warranty is still in effect, the lemon law may easily be applied. It is important to understand that a warranty period may not coincide with the vehicle manufacturer’s warranty. If you believe you have a lemon, you may request arbitration, free of charge, through your Attorney General’s Office, for the state you reside in.

What is Arbitration?
After you decide that you may have a lemon, you can request a free hearing with an arbitrator. At the hearing, the arbitrator decides whether the customer has reason enough to file a legal claim about the vehicle. Arbitration is a legal term. It is a technique that refers to disputes that are settled out of the court room. The parties involved refer the problem to one or more people who are the arbitrators, and agree to be bound by their decision. It is sometimes referred to as mediation in the United States.

Today, arbitration is most commonly used for commercial disputes, such as lemon laws and sometimes to collect on credit obligations. Arbitration can also be used to settle family disputes, labor disputes, and even certain disputes that happen between investors and states. This is used to keep the smaller cases from tying up the court rooms.

When should the lemon law be acted upon?
The lemon law should be used when a reasonable amount of attempts have been used to fix a problem or problems concerning a vehicle. Most commonly, a vehicle that has been repaired 4 times or more for the same defect, and this may fall within the warranty period, can be eligible for the lemon law. But what is a reasonable amount of attempts? If after the same serious safety defect has been repaired anywhere from 2-4 times, and it still exists, this may qualify your vehicle. A serious safety malfunction, one that may or may not be life-threatening, may qualify as a defect. One that can hinder the driver’s ability to operate the vehicle may cause the vehicle to be a lemon. It may also be a defect when it carries the risk of fire or an explosion.

Another example of an instance where a car may be eligible for the lemon law is when a repair or diagnosis of a nonconformity has happened four or more times. Nonconformity is defined as a defect that impairs the use, value, or the safety of the vehicle. It may make the vehicle unreliable, unsafe to drive, or diminish its resale value in comparison to its counterparts. If a vehicle has been out of commission due to repairs for a total of 30 or more days, and 15 of those days happened during the warranty period, the vehicle may qualify for the lemon law.

Used Car Purchases
The lemon law does not only affect those who purchase a new car. In certain circumstances, those who buy a used car may qualify for cash or other different lemon law benefits, if they qualify in certain instances. If you had one of the following two warranties, you just might be allowed compensation for your lemon. If you have a warranty that was left from the manufacturer when you bought your vehicle, and you are having problems repeatedly with your car, you may be entitled for some reimbursement. Warranties are generally for at least 36,000 miles, or even longer. Another example is if your vehicle was certified by the manufacturer, which is typically a one year certification. You may also be entitled to lemon law benefits, if you bought an extended warranty with your car, which may be up to 5 years, or in some cases, longer.

There are other situations where you may be entitled to use your state’s lemon laws. Even if you do not have a manufacturer’s warranty, you may still be entitled to other types of compensations. These fall under the consumer protection laws of your state. If these following problems exist in your car, you may have a lemon law case: A vehicle that was previously wrecked or fixed; a rolled back odometer; a rental, police, or taxi car; a car that was stolen, stripped, or rebuilt; a vehicle that was involved in a flood, or a laundered lemon. Any of these situations may qualify you for receiving compensation through your state’s lemon laws.

Protecting Your Vehicle Purchase
Nobody buys a car or other vehicle with the intention of it being a lemon. But, it happens. Many times, it is too late when you realize that your vehicle is, in fact, falling under the lemon laws of your state. Sometimes this happens when it is too late, such as when it is over the warranty or the mileage limit. But there are ways to protect yourself when you buy a new car, truck, or SUV. Keeping a repair log is one way to help yourself in the event your vehicle does not turn out the way you want it. For every repair visit you make, either to your dealer or to your personal mechanic, make sure to keep a log. This may help protect your rights under Consumer Laws. Make sure to document everything you do with your vehicle. Take note of names, companies, dates, times, and complaints, and put them in writing. Obtain invoices, slips, and receipts for everything you have done to your vehicle. You must be able to prove that there were real repairs done to your car if you are to win your case.

When you bring your vehicle in for repairs, be certain that the dealer records your complaint exactly how it happened on paper. Also, make sure that the date and time in are correct for any repair work you have done, that the odometer mileage is recorded correctly, and also the time you picked up the vehicle. If your vehicle has been in the repair shop for a certain cumulative amount of days, you may be able to collect under your state’s lemon laws. Get all paperwork form your repair shop, dealer, or mechanic.

What else is covered under the lemon law?
Lemon laws do not just apply to cars. There are laws that protect those that drive trucks, recreational vehicles, and motorcycles. There are many websites devoted to giving information on other laws that protect customers’ and buyers’ rights on purchases other than vehicles. Not all states have laws that protect them if they buy a lemon of a motorcycle or RV, so be sure to check within your certain state before proceeding with a claim. For those states that do cover motor homes, they may just offer protection against the drive train of the vehicle.

It is interesting to note that there are lemon laws for certain products, as well, although these vary greatly state to state. There may be lemon laws to protect those who purchase a wheelchair, a computer, or a major appliance such as a washer or dryer. Laws may apply to small appliances, as well, although they may not be worth the time or energy spent to pursue them. When buying an appliance, make sure to fill out all warranty information and keep your original receipt in case of a problem. Most smaller appliances can be taken back if they break within a certain amount of days, and a lemon law may not have to be applied.

Where can I find Lemon Law information?
When you are having problems with a vehicle, it can be frustrating. The first place to look, if you believe you have a lemon law case, is on the Internet. Look up your state and read about the terms and conditions for those pursuing retribution in a lemon law case. All states have lemon laws, but they may vary greatly. It is best to be armed with the knowledge about the laws and rules of your state. Finding a wealth of information is just a click away.

Next, you may want to contact a lawyer. Again, many sites can be found on the Internet concerning your state’s lemon laws, as well as numbers to specific lawyers in your area. Many lawyers offer free consultations, and can tell you whether you may have a case or not. There are lawyers who specialize in lemon law cases, and they may be the best ones to handle your case. They can also offer you information on obtaining an arbitration, as previously covered. Finally, you may also want to talk to your finance company and your dealer to see if they have any suggestions on dealing with a lemon and the lemon laws of your state.

Other Information on Lemon Laws
If you have a car, whether it is used, leased, or bought, and it is defective, your state’s lemon laws may not apply to your specific circumstance. However, there are other actions you may be able to pursue. Check into the Uniform Commercial Code or the Federal Magnuson-Moss Warranty Act for information on other plans of action to receive compensation for your problems. It may be wise to again get a lawyer to help you in these legal matters.

If your vehicle has problems that leave you in an emotionally traumatic state, make sure to record the date, time, problem, and how long you had to wait to receive assistance. Examples of these are if your vehicle breaks down on a lonely and deserted highway, or even in the middle of a busy one. Your emotional state may have a great bearing on your case.


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