Here I would like to cover what is lemon law all about. It is a law which provides protection to consumers who buy cars. What happens when you purchas...
Here I would like to cover what is lemon law all about. It is a law which provides protection to consumers who buy cars. What happens when you purchase a vehicle and it fails to meet standards of quality and performance? The manufacturer is required to fix these defects which are stipulated in the warranty within a certain period of time or when a certain mileage has reach whichever comes first.
What happens to repeat problems?
However, there are times when the same problem keeps happening even after a few repairs, the manufacturer will be required to give you a partial or full refund as this is considered a breach of contract. It is possible that you may be even replaced with a new car.
How many times to consider as a breach of warranty?
It most contract, it is normally consider as a breach of warranty after four repair attempts on the same kind of problem or anything directly related to it within a period of six months of one year. This could also mean that the car is no longer working within one year it was purchased or within the period of the express warranty, whichever comes first.
However, take note that a dealer normally issues a separate limited warranty as an extended warranty or service contract at the time of your purchase. This is an express warranty maybe use as a balance of the manufacturer's warranty.
What does lemon law covers?
Lemon law are varies by the state and some do not include leased or used vehicles. If you are planning to buy a second hand car, it is important to take note that some provide consumer protection statutes that prohibit deceptive acts in selling used cars. This means that the dealer must answer every question truthfully so that as a consumer, you will know exactly if it was a rental, salvaged or a car involved in a serious accident before.
Steps you have to take to see if lemon law is applicable
Firstly, you have to report to the manufacturer if there is a problem to the car. You should keep track by keeping the repair or service receipts if the same problem continue to happen after the car being release to you. This is to make you have a case when argument arises.
Before taking any matters to the courts, you should go through some arbitration procedure first which will determine if you will get a refund or a replacement. Different states have different procedures and you should find out more for yourself or you can find more of it in my articles listed below. You can than proceed to take this matter to court if you are still not completely satisfy with the arbitrary decision.
If the arbitrary decision goes in your favor, you can get refund and even reimbursement for other charges which you have incurred. You can even get a replacement car if you are given a choice. Just make sure you are happy with what they are going to replace it with.
Does lemon law covers all vehicle?
However, lemon law does not protect all kind of motor vehicles. Vehicle like motorcycles with engine displacements of less than 750 cubic centimeters, trucks that have a gross weight rating of over 19,000 lbs, motor homes and vehicles that are used by a business with a fleet of more than 10 vehicles.
Conclusion
It is best to speak with you own local representative who are familiar with lemon law itself as it is different in every state. However, if you happen to encounter such problems and the manufacturer claim that you have waived your rights upon signing of the purchase contract, don't believe it because it is not true. The lemon laws still applies
So, talk to your attorney or hire one that is well aware of the lemon law. Some offer free consultations and if you happen to win the case, you don’t have to shell out anything because the manufacturer will be the one to shoulder the attorney’s fees.
