Every state has a vehicle lemon law although there are variances from one state to another. Basically these vehicle lemon laws have been enacted to provide consumers with protection in the event they purchase or in some states lease, a vehicle that is plagued with problems; serious problems. If the vehicle cannot be satisfactorily repaired within a certain time frame and after a reasonable number of attempts it is considered to be a lemon and the owner or lessee can turn to the vehicle lemon law in their state for redress. Although the actions that must be taken by the consumer vary somewhat, action is necessary.
If a consumer purchases or leases a new car and the vehicle subsequently develops a serious defect the vehicle will most likely fall under the protection afforded the consumer by the lemon law in his or her state. The time frame varies, in some states the defect must appear in the first year after the vehicle was purchased, in other states as long as the vehicle is still under the manufacturer’s warranty it can qualify. Of course not every defect can be used as reason to ask for a refund of the purchase price or a replacement vehicle; the defect must be serious and a threat to the safety of the occupants as well as reduce the potential resale value of the vehicle. To exemplify, a vehicle that has faulty brakes will qualify as being a lemon while a car with a glove compartment door that won’t stay shut will not.
Because the laws do vary by state it is important that the consumer familiarize himself with the local laws, in this way he or she knows what action to take in the event they have purchased or leased a lemon. Although there are variables, generally speaking the car must be unavailable for use for a certain number of days, usually 30 and it must have been taken into the shop for repair of the same defect on a certain number of occasions, often four times.
Some, but not all manufacturers have a mediation program, the manufacturers ask that you engage in mediation rather than take them to court. If the mediation program does not meet the rules laid down by the FTC you are not obliged to participate. Even if you do participate you are not bound by the decision of the mediator, if you do not agree you have the right to engage an attorney and sue for satisfaction in court.
If you are not aware of the vehicle lemon law in your state you are invited to visit us. At Lemon Law America you will find all the information you need as well as a local lemon law attorney to assist you.
