subject: What Do You Do if You Get a Lemon? [print this page] What Do You Do if You Get a Lemon? What Do You Do if You Get a Lemon?
No used car buyer ever wants to think about it, but sometimes there isn't much of a choice: What do you do if you unwittingly end up the owner of a lemon? What actions can you take to ensure that you are receiving the full extent of the law's protection, and that you receive as much reimbursement or restitution as you are entitled to?The first step, obviously, is simply to know that there are indeed laws in place to protect the consumer; lemon laws exist on both a federal and a state level to ensure that the buyer is not deceived or mislead by a faulty warranty or disclaimers. That said, the buyer should also be aware that sometimes a car simply doesn't perform the way it was intended to, and there's only so much that can be done about it.With that out of the way, it is advised that any potential buyer of a previously-owned automobile familiarize himself or herself with both federal and state lemon laws. As far as the state laws go, they are going to be different from one state to the next; you can obtain the details of your state's laws by contacting the Better Business Bureau, or simply be visiting the BBB's website.Generally speaking, these lemon laws are going to take into consideration three factors. First, for your car to qualify as a "lemon," the defect must be something that changes the value, safety, or use of the vehicle, and it must remain unfixed after a set number of repair attempts; in most states, this number is either three or four. Second, the defect must cause the car to be unusable for a certain number of days; again, this number varies from state to state but is typically between 20 and 30. Finally, and perhaps most crucially, the problem with the car must occur while the vehicle is still under warranty.But what do you do if you determine that, according to your state's laws, your vehicle is indeed a lemon, and that you are entitled to some sort of restitution? The next step is to investigate how to file a lemon claim in your state; once again, this process might vary, and the buyer ought seek information from the state government body. Some states will require a review before hearing any lemon claims, but others do not. The buyer is also encouraged to keep precise and complete records of any correspondence with the seller, as well as documentation of any work orders or repairs that are done.It might also be advisable for the buyer to consider hiring an attorney. If a lemon claim goes to trial, there is a better than even chance that you will find yourself squaring off against lawyers who are well-versed in lemon law arbitration, and it is in your best interest to have an experienced lawyer on your side.Of course, no one wants to have to act on any of this advice, but it is important for the consumer to know his or her rightsand how to make sure that they are upheld.
