In automobile terminology, a lemon refers to a vehicle that has one or more substantial problems that substantially impair its use, value, or safety. A lemon automobile is one that canít be set right and requires constant working upon to get into working order. In short, if you have a lemon, its junk. Automobile lemon law is a state law that seeks to address consumers who have ended up with a lemon and want their money back or a new vehicle. Lemon Laws are designed to protect the consumer and in most states they are very effective.
Automobile Lemon Law
The automobile Lemon Law defines the situations under which the consumer is entitled to money back or a new vehicle. These laws also typically extend to motor cycles, recreational vehicles (RVs), trucks, sports utility vehicles (SUVs) and other motor vehicles. The Lemon Law of a state applies to persons who continue to reside in the state where the car was purchased. States differ in their criteria for defective cars. Lemon Laws were primarily aimed at protecting consumers from defective new cars. Lemon Laws came into enforcement to aid car buyers in fixing defective new. This includes problems with brakes or steering since your life may depend on it. Some of the typical criteria that help classify a car as a lemon:
1. Problems that occur within about a year of delivery or within a range of about 15,000 miles.
2. Problems that cannot be fixed even after repeated attempts
3. Problems that have not be the result of misuse or neglect of the automobile
4. Problems that substantially reduce the use, value or safety of the vehicle to the buyer
The Automobile Lemon Law Act clearly defines the conditions when a manufacturer has breached the agreed warranty on the automobile and how much the purchaser is entitled to. All legal fees and costs are usually borne by the manufacturer in the event of a lemon lawsuit that goes against him. A lemon lawyer can help you understand the nuances of the Lemon law of your State as well as the Federal Warranty Act so that you get a new car, full refund or partial refund. To get the refund amount, many factors are considered such as sale or lease, purchase price, taxes and license, and mileage.
Always maintain a copy of all documentation concerning the vehicle and its history, be it warranty book, owners manual, purchase contract as well as details of all repair orders. It may be advisable to keep notes on all interactions with the automobile dealer and repair personnel. Keep abreast of all specific defects in certain models of automobiles. Lemon laws in some states cover leased or used vehicles as well as new ones. Lemon law prevails on used vehicles that still have any warranty left from the manufacturer.
- Obtain a vehicle history for your car from CARFAX
- Consult an auto body shop to determine if your vehicle was previously in an accident
- Have your Insurance Company run your Vehicle Identification Number (VIN to check for any accident claim made with another insurance company
This is essential since there have been numerous cases of lemons cropping up again on the roads. Check your automobile warranty so that you can take appropriate legal action. Automobiles amongst other products come under the purview of 3 sets of laws in the US.
The Magnuson-Moss Warranty Act: This federal law protects the interests of consumers who have bought any product more than #25 along with a written warranty.
The Uniform Commercial Code: This law UCC gives the consumer the right to a refund or replacement of a lemon.
Automobile Lemon Law: This state law specifies the conditions for a car to be classified as a lemon and the course of action to address the consumerís rights.