State Lemon Laws
If you are fortunate, you can purchase a brand new car. If your
fortune takes a turn after you purchase the car and problems
arise with the car, what can you do? Are you covered under the
state lemon law? Can you just return the car? Will the dealer
talk to you? What requirements must my car fit in to be called a
"lemon"?
Do you have a lemon? You may not like something about the car,
but that doesn't qualify it as a lemon. Now, 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.
Before you buy the car, you should have checked out the car's
repair history. Did you check the VIN number on some popular
websites to see if the car was in an accident?
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. Be careful, as you can get yourself
into a pickle.
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.
In summary, you understand now that if your paint is peeling,
then you don't have a lemon. If your brakes aren't working and
the dealer can't fix them, then you may have a lemon.