All states have some form of a lemon law that provides specific protection for consumers in the event they purchase a vehicle which turns out to have a defect that simply defies repair. Although the lemon law affects various consumer goods it is most often applied to the purchase of a new vehicle although in some states the law also applies to used cars and leased cars. The specific requirements tend to differ somewhat between states but in general, for the vehicle to qualify as a lemon there are a number of items that enter into the picture.
* The defect must first appear within a specified time limit after purchase or within a specified number of miles driven
* The defect must be “substantial.” This is often a contentious issue but basically the defect has to have something to do with the operation of the vehicle; things such as the engine, brakes and transmission will qualify.
* The manufacturer of the manufacturer’s representative has to have been given a reasonable number of chances to rectify the defect
* The vehicle has to have been in for repairs for a number of days, usually thirty, within a year.
Although cars today are far better than they were 40 or 50 years ago there is still a substantial number that roll off the assembly line with a defect that cannot be repaired. This is not known at the time but once the car has been sold to an unsuspecting consumer, the defect comes to light. Knowing that any car can be a lemon, to support a claim you should always keep any and all records of repair, even if the car is not a lemon.
The lemon law of most states lies down the process for getting a resolution of the problem; it always starts with the vehicle manufacturer. As the consumer, you are obliged to make the manufacturer aware of the defect by sending a certifies letter that details the problem, copies of the repair orders from the service garage, invoices, and a copy of your log that indicates the days the car was in the shop. The letter must include your specific request; you can either ask for the company to buy your car back or you can ask for a replacement vehicle.
In most states you must submit to arbitration before you can sue under the lemon law although you are not obliged to accept a decision that in your way of thinking is not satisfactory.
Every state has their version of the lemon law. If you have purchased a vehicle and you believe it qualifies as a lemon you are invited to get a free review of your case by contacting Krohn & Moss Consumer Law Center. Browse the site YourLemonLaw.com to know more.
