subject: MYTHBUSTING THE LEMON LAWS [print this page] While the Lemon Laws differ from state to state, there are many commonalities. The foremost of which is that the laws were designed to protect the consumer, not the dealer or manufacturer. Lemon laws are regulations enforced by various states that protect customers from defective vehicles. Different states have different rules when it comes to lemon laws, but most of them share some common aspects.
For example, lemon laws require that the problem with the vehicle be taken care of by the manufacturer, not the car dealership. There are certain characteristics a vehicle must meet to be qualified as a lemon. If a car is worked on repeatedly for the same issue and the issue keeps re-occurring, then the car will most likely be designated a lemon. If you purchase a lemon, you are often entitled to some sort of compensation that deals with how much you paid for the vehicle and how many miles are on it. As stated before, different states have different lemon laws.
I bought a used car, so I have no grounds for a claim
This is a myth for two reasons. First, under your state's Lemon Law you may have a monetary claim, though it may not include replacement of the vehicle. Secondly, your car may be under manufacturer's warranty, or you may have had problems with the vehicle in the past while it was still under the warranty's coverage. Bottom line: Lemon Laws in all states were written for the protection of the consumer, so don't assume that you have no recourse. Let a qualified attorney make that determination.
My dealer told me I have no grounds to make a claim.
Lemon Laws in every state are written for the protection of the consumer, not the dealer or manufacturer. So the person best qualified to determine whether or not you have a claim is an attorney specializing in Lemon Law. At the very least, dealers are not qualified to make such a judgment. And at the very worst, they may be doing so out of self-interest since dealers get paid by the manufacturer to make warranty repairs, not to replace lemons.
My dealer has only three opportunities to fix my car. If they can't, I am entitled to a refund or replacement.
Not necessarily. Several factors have to be considered before recovery can be determined. They include persistence and severity of the problem, the number of days the vehicle is in service, and frequency of visits to the dealer. No two cases are exactly the same, which means your case would be handled according to your unique set of factors.
The problem's been fixed, so I have no grounds to file a claim.
Also untrue. The set of factors that go into determining a lemon-law claim does not include whether the car's problem has been fixed. Oftentimes the problem does get fixed but only after too many days in service, too many trips to the dealer, too much inconvenience to the owner. Such a car has probably proved itself a lemon despite the fact that the problem's been fixed. Also consider that a "fixed" problem may return long after the dealer seems to have figured it out.
I need to file a claim within the mileage or time limits of the law.
Myth! Both states require that you report the problem within the time or mileage limits. Bringing the vehicle to the dealer for repair would qualify as reporting the problem. The claim can then be filed beyond the law's maximum time and mileage.
I have 72 hours after I buy a vehicle to change my mind.
This sounds reasonable, but in all likelihood, it's not true. Standard auto-sales agreements do not include such a provision, and it would not be in the dealer's best interest to offer it. So be sure that you understand all paperwork attached to the purchase before you take possession of the vehicle. And be certain that you want the car, because you probably can't return it.
If I don't want the vehicle, I can leave it at the dealer, and it's their problem.
This is untrue. However you took possession of the vehiclewhether you bought it outright, leased, or financedthe responsibility for it is yours. Even in the case of a leased or financed vehicle, the dealer will often sell their interest to a leasing or financing company. So in any of these purchase scenarios the dealer is not the owner.
Several things may happen if you do abandon your vehicle on dealership property:
* the dealer may charge you for storing the vehicle
* you would remain responsible for whatever happens to the vehicle while it's there since you would still be the legal owner
* the finance company may repossess it if you stop making payments
* they may also sue you for the difference between what you owe and the price they're able to get for the vehicle at auction
* a voluntary repossession would be reported to the credit bureau on your behalf
In every respect, leaving your vehicle at the dealership is a bad idea.
The dealer (or manufacturer) is responsible for the maintenance of my vehicle.
Not true. Once the purchase is complete, the vehicle and its maintenance (as described in your owner's manual) are your responsibility. This includes such things as monitoring and replacing oil, coolant, and transmission fluid; and maintaining tire inflation and rotation. Even if service is improperly done on your vehicleyour tires are over inflated at the local tire shop, for examplethe responsibility is yours. The dealer is responsible only for repairs covered under warranty, and these do not, as a rule, include vehicle maintenance. So read your owner's manual carefully and take note of the time and mileage maintenance recommendations.
Lemon laws are state's Laws designed to protect the rights of consumers. They are usually used for vehicles but apply to all commercial articles. In this article we will concentrate on Lemon Laws as applicable to vehicles. A lemon is a term used to describe a new vehicle that needs excessive repair even though it is new. It has to meet the following criteria:
Age. Usually for vehicles less than a year old.
Warranty. Usually within the warranty period. In some states the warranty period is not recognized and the cases may be entertained even if the vehicle is out of warranty period depending upon the discretion of the court. The rights of consumers by virtue of Lemon laws may exceed the warranties given by the manufacturer.
Repairs. The vehicle needs frequent identical repair, usually at least 4 times. The repairs should be major repairs that affect the operation, safety and value of the vehicle.
Down Time of the Vehicle. If the vehicle is down for more than 30 days in a year due to defect then it comes under the ambit of lemon laws. The 30 days need not be consecutive days. The lemon laws cover only new vehicles and not used vehicles. The vehicle owners should note few points that help in proving the case in court.
Repair Order. A repair order should be obtained for every repair visit. The repair order should detail date, problem or diagnosis and attempted repair on the vehicle.
Purchase documents. Purchase documents like contracts, warranties, bills etc should be preserved.
Lemon Law Notice. A lemon law notice should be served to the manufacturer for a refund or a replacement vehicle. The manufacturer should respond within 30 days. For normal wear and tear in the lemon vehicle there should be no deduction from the manufacturer.
Manufacturer's Arbitration Program. Some states make it mandatory to use the manufacturer's arbitration program if available before suing them in court.
Lawyer-Up. Utilize the services of an attorney as they are aware of the details of the laws. Many lawyers work on contingency basis, which means that you pay the lawyer if you win the case. Usually the courts award double the cost of the vehicle plus the cost of litigation if you win. Most such litigations are settled outside the court, so it is wise to hire a competent lawyer who can negotiate to your benefit.
The Lemon Law is for your protection, don't fall victim to misinformation and make your next steps the right steps. If you're convinced that you're driving (or nursing) a lemon, call an attorney who knows the law. The law is there for you-don't get stuck with a lemon.
