Lemon Law
Suppose you get a car (or truck) that does not work properly, and turns out to be totally unsatisfactory – it is called a “lemon.” In the United States, each of the 50 states has laws to help consumers who are stuck with lemons. Such laws are referred to as Lemon Laws, and vary from state to state. Lemon laws may not cover leased or used vehicles, or motorcycles, and may not apply to cars that have outlived their warranties.Types of Auto Defect Laws
There are three types of laws that cover defective automotive products in the United States:
- The Magnuson-Moss Warranty Act (for products over $25)
- The Uniform Commercial Code (which covers the sale of all products)
- Lemon Laws in each of the 50 states
The Better Business Bureau can fully explain Lemon Laws and the procedures to follow in pursuing a claim.
Identifying a Lemon Car
How do you determine if you have a lemon? In California, the law requires that the vehicle be new, according to its definition (under warranty during the first 18 months or 18,000 miles, whichever comes first). The problems with the car must seriously affect the use, value, or safety of the vehicle, and may not result from its use. California Lemon Laws apply strictly to personal vehicles for non-business use.
Pursuing a Lemon Law Claim
In order to pursue a claim on your lemon, you will need documentation and a full description of the defect(s) in question. Such defects can include: problems with the engine, transmission, brakes, steering, water or oil leeks, electrical issues, bad odors, unexplained rattling – or anything else that you have tried to fix at least two to four times without success. In some states, if the situation is a safety issue, then two attempts at repair may be sufficient to define the vehicle as a lemon. In many states, another condition for such a designation is if the vehicle is rendered inoperable for 30 days or more during the first year. Clearly, a new vehicle should not require so many repairs.
When you think you have a lemon, you will need to find out what the laws are in your state, gather all your paperwork, including the purchase documents, repair invoices, and prepare a history of the problem(s) in writing. Then, you may need to look for an attorney to handle your case. There are numerous consumer advocacy groups and legal aid societies that can help as well.
Some manufacturers offer arbitration programs to settle such lemon claims. During the first 18 months of the life of the vehicle, they may avail themselves of such service, or use a lemon law attorney. Arbitration costs are met through the manufacturers. The resolution of such cases usually result in vehicle replacement or refund, denial of request, or the manufacturer's offer of more attempts to repair the vehicle or provide service contract agreements. If arbitration results in a rejection of the claim, this denial can be used as evidence, should you wish to take up civil action in court.
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