Lemon Laws

Lemon Laws and Federal Warranty Law.

State Lemon Laws and Federal Warranty Law protect consumers from being stuck with Lemon Cars, Lemon Trucks, Lemon SUV's and Lemon Computers and other Consumer Products.

Research your State's Lemon Law. Or, get a Lemon Law consultation from experienced consumer protection attorneys, in your State. If your car or computer is a lemon, you may be entitled to your money back, a replacement, or a cash settlement.

You really have nothing to lose, except that Lemon!

Tips to avoid lemons (and the lemon law).

To avoid problem cars, here are some precautions to take:

Inspect the vehicle, before you accept delivery. If problems are detected, refuse delivery. Otherwise, have all the problems corrected, before accepting delivery. Don't accept dealer promises to fix everything at the first service.

Review, and keep, copies of the manufacturer's literature, about your model. This is especially true for advertisements, brochures and warranties. Any statements from the carmaker about performance helps get a refund, or replacement, if a defect keeps the car from living up to the claims.

Follow the guidelines in the owner's manual, for routine maintenance. Keep thorough records of all service and any problems.

Whenever taking the car for repairs, give the service adviser a dated note. It describes all the conditions of concern. Keep a copy of the note, in your files.

Get a detailed repair order every time the car is in the shop, for repairs. It doesn't matter if the shop is unable to diagnose, or fix, the problem. Be sure all repair orders indicate how many days the vehicle was in the shop.

Keep copies of the repair orders, and other paperwork, somewhere other than in your car. Don't take the chance these get lost.

STATE LEMON LAWS

If a new car is spending more time in the shop, than on the road, your state's lemon law is an option for relief. These laws are designed so new-car buyers aren't stuck with manufacturers' mistakes.

Lemon laws, in some states, cover leased or used vehicles, as well as new ones. This requires learning about the lemon law for your car or truck. To do this, contact the consumer affairs, or attorney general's, office in the state where you bought the vehicle.

Generally, lemon laws allow a car owner to seek a refund, or replacement. This happens if a vehicle has a defect, or condition, which substantially impairs its use, market value, or safety. The defect has not been fixed within a "reasonable" number of repair attempts. This is usually defined as four repair attempts, or 30 days, out of service within the first 12 months, or 12,000 miles, of ownership. (In some states, the lemon law applies to different periods.)

Arbitration.

Arbitration is state-run in Connecticut, Florida, Georgia, Hawaii, Maine, Massachusetts, New Hampshire, New Jersey, New York, Texas, Vermont and Washington. In other states, arbitration programs are run by the automaker, the Better Business Bureau, or the National Automobile Dealers Association.

In most states, you present your case to an arbitration board. This is done in person, by telephone, or by letter. The automaker presents their side. If your case is proven, the arbitration board forces the automaker to buy the car back.

Usually, the automaker is required to abide by the arbitrator's ruling, if you win. But, if you're unhappy with the arbitrator's decision, taking your case to court is an option.

Seeking a refund.

When seeking a refund, there are several ways to increase your chances of winning at arbitration:

Prepare an outline of the vehicle's problems, by component. Under each heading, such as "brakes," list each problem, a description of the repair work done, the dates of repair, the number of days out of service, and any amount you had to pay. This outline helps the arbitrator sort through your car's repair orders and other paperwork.

Give the dealer, and manufacturer, a fair chance to detect, and repair, all problems. Be sure to adhere to the lemon law's requirements for reporting problems to the dealer, or the manufacturer. Keep paying your car loan. Most states reimburse you for loan payments, plus interest, if you win at arbitration.

Be sure to notify the auto manufacturer, and the dealer, of any intent to pursue the lemon law. Sending a certified, registered, or express-mail letter. Keep the return receipt. * Use arbitration run by the state, rather than the automaker, if it is available.

Consider retaining a lawyer, with lemon-law experience, to present your case. For names of "lemon lawyers" in your state, visit The National Lemon Law Center.

Ask an independent mechanic, familiar with your vehicle, to corroborate its problems. Have them appear, at the arbitration hearing. [TOP]

What is a lemon?

In most states, relief under the lemon law is available. This occurs after a certain number of unsuccessful repair attempts, for the same defect, or if the vehicle is out of service a certain number of days.

The definition of a defect varies. However, in all but a few states, it must significantly impair the vehicle's use, safety, or value. (In a few states, you seek arbitration sooner for "safety lemons". These are cases where the defect is serious enough to cause injury or death.)


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