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Join Charles Essmeier in a look at the nonconformity that makes
a car a lemon in the eyes of the law. Find out about record-keeping
and how you may have to go through arbitration instead of court.
Auto Lemon –Can Your State's Lemon Law Help You?
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.
About the Author
©Copyright 2005 by Retro Marketing.
Charles Essmeier is the owner of Retro Marketing. Retro Marketing,
established in 1978, is a firm devoted to informational Websites,
including Lemonlawhelp.net, a site devoted to automobile lemon laws
and http://www.End-Your-Debt.com, a Website devoted to information
about debt consolidation and credit counseling.
The California Lemon Law website is dedicated to bringing our
readers both information specific to the state of California
and more general information across all 50 states so that you can
make informed judgements concerning your rights and methods of achieving
retribution.
Disclaimer: The information on this website has been complied
by the California Lemon Law website from public sources. Use
of information from this website does not constitute an attorney-client
relationship. Please contact an attorney in your state or your Attorney
General to ensure that all your rights are protected.
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