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What exactly is a lemon law In the dictionary a lemon law is explained as a law obligating manufactures to repair, replace, or refund the price of motor vehicles that prove to be defective. The lemon law is designed to protect consumers that purchase new vehicles. All fifty states in the United States have lemon laws, but each state has different principles and procedures. But how do you know what defects qualify your vehicle, and how do you prove it? Basically, 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
If your vehicle has other defects that do not fall under your state’s lemon law, you may be able to make a claim under other state and federal laws that protect owners of new and used vehicles. The best news is that you are not stuck with a defective vehicle. You have rights under the Lemon Laws which are defined by each state and the warranty your vehicle came with.
If you suspect your vehicle is a lemon, there are steps you can take yourself before hiring an attorney.
1. If you are having problems with your vehicle, you should take it to the manufacturer’s authorized dealership for repair. The dealership should be able to correct the problem for free.
2. If the dealership fails to resolve your problem you should talk to the service manager. The service manager should at least be able to diagnose the problem.
3. If the service manager fails to resolve your problem you should contact the manufacturer. Most manufacturers have a customer service staff who deals directly with warranty-related problems.
4. If you are continuing to have problems with your vehicle with no help from the dealership or manufacturer, contact your local Better Business Bureau.
5. If no one can help you with your vehicle, contact an attorney specializing in lemon law rights to find out more of what you can do.
If you feel you have been sold a lemon vehicle, you need to take immediate action. In order to prove you lemon law case, you will need to keep appropriate documentation to protect your rights. Keep records of everything you do to the car. When you bring your car to the dealership, get an invoice even if nothing was done to fix your car. Make sure the invoice states why you brought the vehicle in and what was done to the car. Be sure that the problems stated on the invoice are in your words, not the service department’s opinion. Make sure a list of symptoms is recorded on the invoice, not just what the dealership tried to fix. In order to prove that your car is a lemon, it must have been taken in for repairs for the same problem a number of times. If the same symptoms are listed each time you bring the vehicle in, it will be that much easier to prove the car has a major defect. Document everything from the dates and times your car broke down, to the odometer reading at the time. Keep records of any rental cars you had to use, the amount of time you had to wait for assistance if your car broke down, towing costs, and your overall feelings. Keep a copy of these records in your possession at all times. You will need to give copies to your dealership and possibly your attorney.
State lemon laws normally provide that a manufacturer must give a refund or replacement for a defective vehicle which is not repaired within a reasonable amount of attempts. Most laws generally provide these rights when a major defect cannot be fixed within four attempts. They will also provide a refund or replacement if a safety defect is not repaired in two attempts, or if the vehicle is out of service for 30 days within the first 12-18,000 miles. These are just guidelines as all lemon laws vary from state to state, and per manufacturer warranty.