Lemon Law: When to Use It
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Lemon Laws are United States state laws that provide remedies to consumers for automobiles that
repeatedly fail to meet certain standards of quality and performance. These vehicles are called lemons. The
federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State Lemon Laws vary
by state and may not necessarily cover used or leased vehicles. The rights afforded to consumers by Lemon
Laws may exceed the warranties expressed in purchase contracts. Lemon Law is the common nickname for
these laws, but each state has different names for the laws and acts.
Basics
If your car has been repaired for the same defect four or more times and the problem is still occurring, you
have a lemon. Of course, the defect must be something significant which substantially hinders the vehicle's
use, value or safety. The lemon law covers a wide range of defects including but not limited to:
Engine problems
Transmission problems
Water leaks
Paint defects
Electrical problems
Brake problems
Steering problems
Vibrations
Bad smells
Rattles
And many other defects
"As is" purchases
If you knowingly purchase a car in "as is" condition you accept the defects and void your rights under the
lemon law.
Technical Service Bulletins
Technical Service Bulletins are instructions from the manufacturer that alert dealerships of specific defects or
necessary repairs in certain models. If you don't ask your dealer might not present you with this information,
so speak up and ask your technician to write your request on the repair order.
Other Lemon Laws
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, and computer lemon laws.
To find out what your state lemon laws cover, contact your state attorney's office.
When a car is sold to you that is not in the same condition it was advertised to be in or breaks down soon
after you buy it due to a long-term problem that existed before you purchased the car, it is considered to be a
lemon. Buying a car that is a lemon is unacceptable. You should not have to put up with the consequences
involved with the purchase of a lemon car, such as paying for repairs or replacing it. This applies to both a
new car or a used car.
What Is The Lemon Law?
The lemon law was introduced to protect everyday people from having to deal with a car that is considered a
"lemon" or is faulty, through no fault of the new owner. The lemon law was designed to protect consumers
and keep the car sales people honest, whether the sale is private or commercial. As a buyer, if you are told
that a car is in good working order and soon after buying it, the vehicle breaks down, there is a big chance
that the car was faulty before you bought it, as well as a good chance that the previous owner was already
aware that the problem existed.
Every state has different rules and regulations with regard to the lemon law, but they have been set in place
for the same reason and that is to protect the consumer from being taken advantage of by a dishonest seller.
Suspect Your Car Is A Lemon? Know Your Rights.
Before purchasing a car, either new or used, it is a good idea to research what your rights are with the lemon
law and request a vehicle inspection from an outside company to make sure that the car is in good working
order. These steps can help avoid a lemon law dispute after the purchase of a vehicle.
If you have just purchased a new or used car and suspect it is a lemon, you should first ask the private seller
or car dealership where you purchased the vehicle to make the repairs, or cover the costs. Even in states with
tough lemon laws, you will be required to attempt to resolve the problem with the seller first, which only
makes good logical sense.
If they are not willing to repair a vehicle, even though, when they sold it to you, they gave you their word or a
written document that the car was in good working order, you have rights under the lemon laws, so use them.
There are two ways to exercise your lemon law rights - you can represent yourself or seek professional
advice and representation from a lemon law attorney.
If you represent yourself, you must do a great deal of research and educate yourself on how the lemon laws
work in your state. Representing yourself can be risky because you don’t have the proper working knowledge
of the legal system or may make mistakes that go in the favor of the seller.
A lemon law attorney specializes in the legalities of the lemon law in your state and how best to represent you
and your dispute in a positive manner. You will also be given an insight on how the lemon laws work in your
state and the legal process, all explained in simple, easy to understand terms. If you have a car that fits this
description, a lemon law attorney is likely to be well worth the investment.
