So, what is a lemon?
Well, a lemon is a fruit that, when we saw for the first time, we probably thought it is sweet. However, as soon as we took a bite from it, we realized that it was everything but sweet – it was so sour, that we couldn’t even talk about the experience.
The same applies to cars, as they can be lemons too. If you buy a new car and you find out that it has some issues over and over again, then you are faced with a lemon car. According to new laws, lemon cars are defined as vehicles that do not live up to their warranty claims – those of being reliable for daily transportation and defect-free.
So, let’s see how the new car lemon law can help you when you have to deal with a sour vehicle.
What Exactly Qualifies as a Lemon?
The law of most states qualifies a vehicle as a lemon if it has:
- A substantial defect which is covered by warranty and that occurs within a certain time after the vehicle has been purchased.
- A defect that is continuously present, even if the car has seen a reasonable number of repair attempts meant to deal with the said defect.
The substantial defect and the reasonable number of repair attempts vary from state to state, so it is important to refer to your state’s laws before classifying your car as a lemon.
How Does the Law Protect You?
There is a federal law – the Magnuson-Moss Warranty Act – that protects any buyer of any product worth more than $25 and comes with a written warranty as well.
The mentioned act is designed to prevent the creation of the so-called grossly unfair warranties, as well as allowing the consumer to bring an action under the Act in order to recover any possible attorney fees that he/she had to pay during a lawsuit.
When it comes to vehicles, the same act protects both new and used cars. Again, this depends on the state you are in – for example, some states cover only cars that have been sold once, while other states cover cars that have logged a specific mileage.
This is why it might be hard for you to determine whether your car is a lemon or not. Therefore, we recommend you consult with a lemon law lawyer so that you know exactly what to do in case you come in the possession of a lemon.
How Does the Law Help You?
Well, if your car qualifies for one of the criteria mentioned above, you are eligible for lemon law protection – meaning that you have the right to get a replacement car or a full refund.
Obviously, you’ll have to notify the manufacturer of the issues your car has. Then, you can discuss a settlement that satisfies you – if you don’t reach common ground, then you will most likely have to go to arbitration and then sue the manufacturer.
Final Thoughts
Even though the Car Lemon Law varies by state, you will most likely be entitled to a refund or replacement – particularly if the car you bought has an issue that’s covered by its warranty.
However, remember to check the warranty as well too, as it might be grossly unfair for the consumer. In this respect, you can have an attorney look over it – and be sure that your vehicle is fully covered even if it turns out to be a lemon.