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Is It A Lemon?
We have all, at one time or another, purchased something that kept breaking, even though it was brand new.
Depending on what it was and how much it cost, we most likely just threw it away since it was a dud.
What do you do when that dud is your new car?
Your not going to just toss a new car in the trash are you? Of course not. Your going to take the vehicle right back to the car dealer so he can have the problem fixed. What happens, after several trips back to the dealer, and he cannot seem to fix the problem?
Lemons and Lemonade
You may have purchased a "lemon". You know what they say..."When life gives you lemons, make lemonade".
I don't think they meant anything like a new car purchase though..do you?
Our federal and state law makers don't agree with that statement either. That is why there are laws on the books to protect consumers from faulty products.
If your new car isn't working properly and the dealership cannot fix it, you should check out the lemon laws and the state statutes of your state to determine if you indeed have bought a lemon.
What Constitutes a Lemon
Simple or small defects do not a lemon make.
If your blinker doesn't work in your new car, and a new fuse is needed, that is not a lemon. If the problem with your new car is a minor one and can be repaired, relax...you did not buy a lemon.
A lemon is a car with major defects that endanger the lives of the driver and passengers of the vehicle. If your car door will not stay closed, or your car stalls consistantly while in motion, you may have a lemon. You cannot just get your money back in most cases. You have to go through the proper motions.
You must take the car back to the dealer, and if within several attempts, he cannot fix the car you should be able to get a refund, a new replacement vehicle or the car repaired.
The problem must occur within the vehicles warranty period, or within what is considered a reasonable amount of time if the problem is in a used vehicle.
You must give the dealership or previous owner a chance to fix the defective car.
If the same problem keeps occurring after several repair attempts it may be time to may be time to check your state lemon law statutes and possibly find a lemon law attorney.
Make sure whenever you have a problem with your vehicle you document the actions you have taken to get the problem resolved. If you need to go to a lawyer documentation can make or break your case. Keep records and take notes while in the process of trying to get your vehicle fixed.
Check Your State Statutes and Lemon Laws
The state legislators have enacted laws to protect consumers from unscrupulous sales methods and unsafe products. Every state has it's own set of lemon laws and state statutes. Go to your state's official web site and read over the Lemon Laws of your state.
These statutes will tell you what you need to know, including:
1. How many chances the dealership has to fix the problem.
2. How long you have to file a claim.
The lemon laws are there to protect you, but can you actually understand what they say?
I know most of us do not understand the legal jargon used to write our laws. This is why it is important to have someone who can interpret the laws in the way the state intended them to be understood.
Yes...That Means Hiring a Lemon Law Attorney
Each state has its own set of lemon laws so make sure the lemon law attorney you hire is familiar with the laws in your state.
The lemon laws in your state should apply to any kind of vehicle, whether it is a car, a truck, and SUV or a motorcycle. This is a point you should actually check out before you make such a purchase.
Usually lemon laws apply to a vehicle that a repair has been attempted to be made at least 4 times, and sometimes as many as 8 times in the vehicle warranty period.
Again this could depend on your particular state statutes, so make sure the attorney is familiar with your state lemon laws.
Some state lemon laws go by calendar date and others by working days. If your vehicle has been out of service for 30 calendar days, some states may determine it to be a lemon. In other states your car may have to be out of service for 30 working days to be called a lemon.
Some state statutes have a clause called "one defect" clause. This means it the car has a problem that is determined to be life threatening the dealership only has one chance for the defect to be repaired. If the repair is attempted, but not fixed, you may be able to file for a lemon law compensation claim.
Get a Lawyer Who Knows Your State Laws
When you want to hire a lemon law attorney make sure you prepare a list of questions to ask him. Is he familiar with the lemon laws of your state? How many lemon law cases has he had?
What is the percentage of cases he has won? What does he think about your case? What is the specific criterea in your state concerning the filing of a lemon law claim?
Anything your not sure of ask! You are not the expert, he is, so he can answer all you questions and concerns with an educated and experienced opinion.