Lemon laws put consumers on a level playing field with car manufacturers. These laws typically cover new and used cars with substantial defects the manufacturer or its authorized dealer cannot fix after a reasonable number of attempts.
These defects must be severe enough to significantly impair the vehicle’s value and functionality. The exact criteria vary by state.
What is a Lemon?
Several problems can lead to a vehicle being deemed a lemon. The car must have a substantial defect that impairs its use or value. It also cannot result from abuse, neglect, or unauthorized modification. If the car meets these qualifications, the manufacturer must repurchase or replace the vehicle.
A good lemon law firm like Timothy Abeel & Associates can help you determine whether or not your vehicle meets these criteria. The manufacturer must be given a reasonable opportunity to repair any defects in your car. This number varies by state. Most give manufacturers a minimum of 3 chances, but some states may require more.
Many jurisdictions also have laws that force manufacturers to brand the title of a repurchased vehicle. This process is designed to warn subsequent purchasers that the car has been repurchased due to a severe problem. This is a great way to prevent scams that attempt to sell salvaged or damaged vehicles to unsuspecting consumers. If your car qualifies as a Lemon, you must contact a Lemon Law attorney immediately.
What is a Manufacturer’s Warranty?
If you purchase a new vehicle, your car is covered by the manufacturer’s warranty. Depending on your state’s laws, this may include a maximum period for repairs or a “buyback” provision if a repair cannot be completed within that time frame. However, this offers different protection than lemon laws.
For a car to be considered a lemon, it must have a significant problem that cannot be fixed after a reasonable number of attempts. Typically, these problems are safety hazards or must keep the car out of service for 30 days or more. It is essential to check your state’s law, as these definitions can vary greatly. It also helps to ensure that the problems are not a result of abuse or misuse.
Unfortunately, many states do not have lemon laws that protect buyers of used cars. This is probably because these issues are more familiar with used vehicles. However, you can take steps to protect yourself by having a mechanic examine the car for signs of odometer tampering. Standard and illegal practices can lead to the seller being found guilty of criminal fraud.
Once a lemon claim is filed, your attorney will work with you to submit the evidence of the problem and all other relevant documents to a neutral arbitration panel. The panel will then make a ruling about the compensation you deserve.
How Do I Know if My Car is a Lemon?
For a vehicle to qualify as a lemon, it must have a significant problem that the manufacturer can’t satisfactorily repair. The problem must also be a substantial impairment of value to the consumer. If the car meets this criteria, the manufacturer is obligated to provide compensation.
To determine whether your car qualifies as a lemon, you must report the defect to the manufacturer or authorized dealer within a certain period, usually the first year or two after purchase. You may also need to show that the manufacturer had a reasonable number of opportunities to fix the car or that the problems were not a result of abuse, neglect, or unauthorized modifications or alterations.
The federal Magnuson-Moss Warranty Act and the Uniform Commercial Code set forth specific rules and requirements for new cars and motor vehicle warranties. In addition, most states have lemon laws to help consumers deal with unsatisfactory new vehicle purchases.
In most cases, only new cars covered by a manufacturer’s warranty are eligible for lemon law protection. However, some states also protect used vehicles that are bought with warranties. Before taking action, discussing your options with a trusted consumer attorney is essential. A lemon law attorney can explain your state’s laws and how to proceed. They can also assist you in finding a reliable car dealership willing to work with you to resolve your case.
How Do I Make a Lemon Claim?
To make a lemon law claim, you’ll need to demonstrate that the car in question meets the definition of a “substantial defect” as defined by your state. It includes many repairs that impair the vehicle’s use, value, or safety. The problems must not result from abuse, neglect, or unauthorized modifications/alterations.
Before filing a complaint, most states require you to give the manufacturer reasonable attempts to repair. Therefore, keeping track of your repair visits and saving all repair invoices is essential. Repair invoices are important documents because they detail all the repairs your dealership has attempted on the vehicle. They also prove that you gave the manufacturer a fair chance to repair the issues that qualify as a substantial impairment of value.
Often, your attorney will help you file a formal claim with the manufacturer through an arbitration program. If the claims process doesn’t lead to a resolution, your lawyer will prepare a legal complaint that can be filed with the appropriate court.
A successful claim can result in a refund, a replacement vehicle, or a cash settlement that allows you to keep the car but receive compensation for its diminished value—research before purchasing your new vehicle to maximize your chances of a successful claim. Many consumer websites offer vehicle quality, reliability, and safety rankings information. It would help if you also read through all documents related to your purchase, including the manufacturer’s warranty and any sales representations made by the dealer.