Auto Lemon – Can Your State's Lemon Law Help You?
Charles Essmeier
Buying a car is not like buying a radio; you cannot return it to
the store for a refund if you do not like it, or if it has a
manufacturing defect. In fact, for many years, if you purchased
an automobile that came from the factory with defects, you were
just stuck. You could try to get the dealer to repair the
problem, but if the problem continued and the dealer could not
repair it, you were out of luck.
In 1982, the luck of owners of so-called “lemons” changed for the
better, as California and Connecticut passed the nation’s first
“lemon laws.”
These laws, spawned by consumers who had waged tireless battles
against major auto companies, allowed owners of defective
automobiles to seek compensation or replacement with the help of
their respective states. These laws swept like wildfire
throughout the country, and now all 50 states have some form of
the lemon law.
The specifics of the lemon laws will vary from state to state,
but in general, they define a “lemon” as a vehicle that:
Has a “nonconformity” that affects the safety, use, or value of
the vehicle, and
The nonconformity has not been successfully repaired after a
“reasonable” number of attempts, and/or
The vehicle has been out of service for a total of a certain
number of days for repair of the nonconformity.
The length of the warranty period also varies; coverage typically
runs anywhere from one year or 12,000 miles to two years or
24,000 miles. As previously stated, the specifics vary from state
to state, particularly the number of repair attempts that
constitute “reasonable” and the number of days that the vehicle
must be out of service in order to qualify. In some states,
repairs that affect the brakes or other safety equipment need
only one repair attempt to qualify as “reasonable.”
Restitution is fairly consistent from state to state; it usually
requires the manufacturer to either replace the vehicle with one
of comparable value, or refund the purchase price, along with
taxes, registration and delivery fees. Some states leave the
option of replacement or refund to the manufacturer, but most
give the option to the consumer.
What should you do if you think you have a lemon? You should:
Make sure that you document everything relating to repairs of the
vehicle, including when and where it was repaired, who signed the
work order and what work was done.
You should contact the manufacturer in writing, alerting them to
the nature of the problem.
You should consult with your state’s Attorney General’s office to
learn how your state’s law affects you directly.
You may have to go through an arbitration process; this involves
both you and a representative of the manufacturer explaining your
respective situations to a panel that will then provide a ruling.
The arbitration ruling is usually binding on the manufacturer;
they will have no recourse should the panel rule in your favor.
Generally, if you don’t agree with the panel’s ruling, you still
have the option of filing a lawsuit in court.
You may wish to hire an attorney to represent you; there are
plenty of lawyers who specialize in lemon law cases, and they can
probably bring the case to a solution more quickly than if you
handle the case yourself. Be sure to contact your state’s
Attorney General’s office regarding the specifics of your own
state’s lemon law. You don’t want to miss a deadline, or you
could be stuck with your lemon for a long time.
Charles Essmeier may be contacted at
http://www.end-your-debt.com
. Click here to view more of their articles.
Charles Essmeier is the owner of Retro Marketing. Retro
Marketing, established in 1978, is a firm devoted to
informational Websites on topics such as Debt Consolidation, Home
Equity Loans, and automobile Lemon Laws.
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