What is Lemon Law?
The Lemon Law was made to protect consumers who purchased a new vehicle that unfortunately turns out to be defective in some ways. For reasons lost to antiquity, defective cars are known as “lemons”. Consumers all over the country may now seek either a replacement vehicle or a refund should they find themselves the owner of a defective automobile. Even though legislation exists to protect you if you should find yourself the owner of a lemon, most people are not familiar with their state's. . If you feel that you are in need of good lemon law advice then it is advisable that you contact a lawyer who specializes in lemon law cases. Follow lemon law information on this site.
Every state has different lemon laws in place in regards to new car purchases that suffer from a significant number of defects, or repeat defects that the dealer is not able to repair. Lemon Laws can also extend to Consumer Goods such as Computers, Lemon Truck and Lemon Car. If your car, truck or computer is a lemon, you may be entitled to receiving your money back, a cash settlement, or a replacement. Be sure to check with an appropriate attorney if you believe your case fits lemon law for proper protection of your rights.
Guidelines to Declare your Vehicle as Lemon: Here are some guidelines for knowing whether or not your car is a lemon: A motor vehicle may be declared a lemon if it meets all of the following lemon law conditions:
- The vehicle has a serious defect or abnormal condition.
- The defect or condition is covered by a manufacturer's written warranty.
- The owner reports the defect or condition to the dealer or manufacturer within the warranty term.
- The owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition.
- The owner gives the manufacturer (preferably by certified mail) written notice of the defect and at least one opportunity for repair.
- The defect or condition persists and substantially impairs the vehicle's use or market value, or creates a serious safety hazard.
- The owner files a timely lemon law complaint and pays the filing fee.
If all of these criteria are met, the Lemon Law "presumes" during the first 18 months/18,000 miles (whichever comes first) that the buyer or lessee is entitled to a replacement vehicle or a refund. However, a replacement or refund may not be automatic since the manufacturer is entitled to prove that no problem exists, that a reasonable number of repair attempts have not been made, or that the problem does not substantially impair the vehicle's use, value or safety.
This is predicated upon the consumer's decision to utilize the manufacturer's arbitration program, which they are not required to do unless they decide to pursue the "presumption" rule.
Even if the vehicle does not fit the 18 month/18,000 mile "presumption" criteria, consumers may still be entitled to a buy back if the vehicle has been subject to a reasonable number of repair attempts ANY TIME during the entire New Vehicle Limited Warranty period, which is typically 3 years/36,000 miles, or 4 years/50,000 miles, depending on the manufacturer. Read more about information on guidelines.
Attorney: There are many types of attorneys who specialize in things such as maritime attorney, tax attorney, to name a few. Make sure that you find the attorney with the right qualifications to represent your legal position.
If you decide to sue, an attorney will almost certainly be necessary. Many states will allow you to collect attorney fees in a lemon law-related lawsuit. Should you find yourself the owner of a defective automobile, you can certainly file a lemon law claim yourself, but many people will find that the process goes more smoothly with the aid of an attorney who is experienced in lemon law cases. If you think your car is a lemon and you might need to file a claim under your state's Lemon Law, you should first check with your state's Website, or contact your state's Attorney General's office.
While you may represent yourself during the arbitration process, you may feel more comfortable hiring an attorney. There are many attorneys who specialize in lemon law cases, and they may be able to expedite the process. The presence of an attorney may also make you feel more comfortable if you have little or no experience with this sort of procedure. If the of the arbitration panel does not rule in your favor, or if your state allows you to opt out of arbitration by choice, you may elect to sue the manufacturer yourself. This is often a last resort, as arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims.