Lemon Laws Ain't Laws For Lemon, But....

Lemon Laws are laws for consumers protection against purchase of faulty products. Most people would think the lemon laws only pertain to new and used vehicles, however other products purchased, such as computers, are also covered. The federal Magnuson-Moss Warranty Act protects the buyer of any product that costs more than $25 and that comes with a written warranty. Every State has different lemon laws. The basic laws, however, are standard throughout all States.

You may wonder if you have got a lemon. Probably there is something you don't like about the car, but that doesn’t make it a lemon. If the brakes don’t work or the car won’t go into gear or it won’t run over 30 mph, then you might have a lemon. But, you must give the manufacturer an opportunity to fix the problem. In most states, 10 different defects during the warranty period do not constitute that the car is a lemon. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem within 1 attempt. First rule: Keep up with all of your receipts and repair history. State laws vary, but a rule of thumb is if the car problem can’t be fixed with 4 tries or the car has been out of commission for more than 30 days during the first year or 12,000 miles.

It's thus advisable that you check the repair history of the car that you want to buy. The manufacturer doesn’t have to replace or refund the car if the defects do not impair the use and value of the car or the condition of the car was due to customer’s abuse, neglect, or unauthorized alterations.

Here are a few lemon law guidelines for you : Does your car have a serious defect or abnormal condition; is the defect or condition covered by a manufacturer's written warranty? Have you reported the defect or condition to the dealer or manufacturer within the warranty term? Have you given the dealer or manufacturer a reasonable number of attempts to repair the defect or condition? Have you given the manufacturer written notice of the defect and at least one opportunity for repair? Does the defect or condition persist and substantially impair the vehicle's use or market value or create a serious safety hazard?

The lemon law usually sets up a 12 - 24 month warranty period. It also specifies how many attempts must be made to correct the defect before a refund or replacement is ordered. Most often serious defects that would affect the safety and security of passengers is allowed one attempt to correct. Other lesser concerns usually are allowed three attempts. When the refund is given there are dedications for use of the vehicle. This usually correlates with the number of miles on the vehicle. Not every situation qualifies under the lemon law, so checking state regulations is important before attempting to use the law.

If your situation qualifies under the lemon law there are some steps to take. Repairs are an important part of the lemon law, as stated above, there are a certain number of attempts allowed to try to repair the defect. It is important that you keep good repair records to prove the attempts have been made. After repairs have been attempted you have to notify the manufacturer about what is happening. You should then be set up to get the refund or replacement. Sometimes the manufacturer will disagree and you may have to go to court to resolve the matter.

Always keep in mind, that just because you think you may have a lemon doesn’t mean your state’s lemon laws will also consider your product a lemon. If that happens, check the federal lemon laws to see if your product qualifies as a lemon. If you’re still not sure or if you want more help, consider checking with a lemon law attorney. Many lemon law attorneys will give you a no fee assessment of whether or not your product qualifies as a lemon and whether or not you have a case to pursue for repair or replacement.

A lawyer that is familiar with state lemon laws can help you determine a variety of problems like whether the car was damaged at the time of delivery. Was there fraud or deception in your financing paperwork? Were repairs attempted beforehand to cover up defects? Lawyers go through an extreme investigation on your vehicle to make sure how these items affected your value, safety, or use.

The lawyer will submit a detailed account to the manufacturer, usually after hiring an ASE certified mechanic to go over the car. Did you know that the auto repair shops use several work orders? They have one for you to look at, but they also have one for the technician. If the problems are too hard to fix, they may be told not to fix the car. Your lawyer will drag all of this out in front of the manufacturer or judge, if necessary.

There is typically a specific time period in which you have to make your claim about a product being a lemon. The time periods vary by state. Typically though, if you purchase or lease a vehicle that develops one or more defects within the first year of purchase, it’s likely that vehicle would be covered by your state’s lemon law regarding new vehicles. The defect or defects, however, must be significant - something that severely affects the operation, safety or value of your vehicle and reasonable efforts must be made with the dealer and manufacturer to allow them to correct the problem. It’s fairly standard though for a new vehicle to be covered under a state’s lemon law if it was not in working order for 30 or more days in the first year of purchase or if it required repair of the same defect on more than four occasions within the first year of purchase.

If you encounter problems with a new purchase it’s very important that you keep good records of the steps you took to try and get the problem fixed as well as keeping track of the dates of each conversation you have with the store, dealer, or manufacturer of the product you purchased. This includes keeping track of the specifics of each conversation whether it was in person or was over the phone. Do not tape record conversations though, unless you have been given express permission to do so because it is considered a crime in many areas. Instead keep notes written in your own words.

If you are pursuing repair of a defect on a vehicle, keep track of how many days the vehicle is out of service and unavailable for your use. Also keep copies of all the repair and service receipts making sure the problem with the vehicle is noted on the receipt and that it shows the correct dates the vehicle was in for service. One of the first things a lemon law attorney will ask you to provide is documentation of what the problem is and what steps you took to try and get it corrected. Good chronological records are vital to pursuing a successful claim.

Some manufacturers may ask you to participate in mediation rather than going to court over a defective product. Some states require mediation before suing under the lemon law if the process is certified by that state’s Department of Transportation, but the consumer is not required to accept a settlement they feel is not satisfactory.

It does take a lot of time and patience to pursue a lemon law claim. Many people don’t end up pursuing a lemon law claim because of the diligence required to see the claim through to resolution. If you feel you have a lemon law claim on an expensive item such as a new vehicle it is probably easier and quicker to hire a lemon law attorney to pursue your claim than to try and do it yourself. As stated earlier, most attorneys will not charge a fee for consultation and they will seek their attorney fees as part of the settlement. Attorney fees are usually awarded to the prevailing/winning party.

There are also consumer advocate groups that can be of help. The Better Business Bureau is a good source of information and can help you with your pursuit of a fair and just settlement of your claim. Your state’s Attorney General Office is also a good source of information.

In summary, Lemon laws are a way to make manufacturers responsible for the vehicles they make. When a person buys a vehicle they expect to be able to drive it and use it, not be stuck with major problems. Fortunately more often than not major defects are caught as soon a the vehicle is on the market and the manufacturer steps up to replace them. However, if this doesn’t happen then your state’s lemon laws are there to look out for your rights.