"Did You
Know These Facts About The Lemon Law?"
What is a Lemon?
A car generally qualifies as a Lemon if if it has been repaired
4 or more times for the same defect within the Warranty Period
and the Defect has not been fixed. All American states differ
on lemon laws, so you should consult the Lemon
Law Summary and the State
Statutes for your particular state. Note that the warranty
period may or may not coincide with the manufacturer's warranty.
Do I have a Lemon?
If you found 10 things you don't like about your new car but none
of them prevent you from driving it, then No, you do not have
a Lemon.
However, lf the brakes don't work properly, the
car won't go into reverse gear, or the car chugs along at 30 mph
when it should be going 50 mph, then Yes, you may have a Lemon,
provided that you've given the manufacturer an opportunity to
repair the defect.
This law varies from state to state. Texas
lemon law is different from California lemon law. In most States, 10 different defects during the
Warranty Period does not brand the car as a Lemon. But in others,
a single defect that might cause Serious Injury makes your car
a Lemon if the manufacturer cannot fix the problem within 1 attempt.
Mind it, even if you have a lemon, but if you
do nothing to protect your Consumer Rights, such as documents
supporting your Repairs and the opportunities given to the Manufacturer
a chance to fix the problem(s), you lose all rights under the
various State Warranty Acts.
Do I need a Lawyer?
In some states (with proper documentation) you yourself can file
a complaint. In other states, however, you will need to hire an
attorney.
Who pays the Lawyer?
In few states, if your Attorney sues under the Magnuson-Moss Warranty
Act, you will be awarded Attorney Fees if you win. However,
you must pay the manufacturer's Attorney Fees if you lose.
Is a Used or Leased Car protected under the lemon law?
Some states include used and leased cars in their Lemon Law statutes
while others provide protection only for new cars. In some states,
even the Attorney General is unable to tell you if a Leased vehicle
is covered due to the way the law is phrased and you will be referred
to an Attorney for clarification of the law. See the Lemon
Law Summary and the State
Statutes for your particular State to determine what is covered.
Tips to Protect your Investment
- Many a times, your new car isn't suspected of being a Lemon
until it is too late (e.g. out of warranty, etc). Keep a record
of every repair visit, starting with the first one, to protect
your rights under Consumer Laws. Maintain a repair log to
record every Repair Attempt.
- A good documentation is always helpful. Put your complaints
in writing and keep a copy for yourself. Always obtain a copy
of any Warranty Repair Orders. Demand a copy if necessary
and if the dealer will not give you one, be sure to document
the fact. When you pick up your car, obtain an Invoice. The
dealer may claim that you are not entitled to an Invoice because
there were no charges.
Remember. It is up to you to prove repair attempts! The
final Invoice shows what was or was not repaired.
- You must make sure to describe the defect exactly the same
on each repair visit or you may forfeit your rights under
the "reasonable attempts to repair for the same defect" clause.
- Be sure that the date & time in, odometer reading and
date & time you picked up the car is properly recorded.
In most States you are covered
by the Lemon Law if the vehicle has been in the repair
shop for an accumulative number of days during the coverage
period.
- The emotional trauma dealing with a defective vehicle has
a lot of bearing on your case. So, if there is any instance
like, car failure in the middle of the desert or in the middle
lane of rush hour freeway traffic, take proper note of the
date and time, the amount of time you had to wait for assistance,
whether or not you had to rent a car, and your general overall
feelings. Who knows, it might help.
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