Every state has a version of the lemon law; under the law a consumer has the right to seek recourse in the event the new car they purchased is in for repeated repairs for the same defect or the car is in for repair for an extended period of time.
The remedy that is available under state and federal laws can include a repurchase of the lemon by the manufacturer, a replacement vehicle or a substantial amount of compensation which reflects the diminished value of the car due to the defect and you keep the car. Every case is different as every state lemon law is different.
When does the lemon law apply?
All new cars that are purchased are covered by the lemon law; the law may be slightly different from one state to another. In general, a car is considered to be a lemon when it has a defect that has a material effect on the value of the car, the defect makes the car unsafe to operate or it affects the use of the car. Of course there are numerous examples of what can support a claim that the vehicle is a lemon; the brakes may be problematic, the car may not shift gears properly or maybe the car will not start. Usually the dealer or the manufacturer has to be given a number of opportunities to repair the defect; three or four attempts are the norm. There also is a limit to the number of days the car is in for repair before the lemon law applies.
The number of attempts that are made to rectify the defect must take place while the car is still under warranty which is often defined by statute and is not necessarily the same time period as the manufacturer’s warranty.
It is important for the car owner to understand that for the lemon law to apply the defect must be the same, a car that has a number of problems but all of them can be rectified during the warranty period is not a lemon.
Making a claim:
Although the procedure for making a claim is different in different states there is one common requirement and that is documentation. You must have full documentation; when did the car go in for repair, when did it come out? What did they do, what parts were replaced. Without complete documented support you will have great difficulty processing your claim. In most cases it is wise to involve a lawyer that is seasoned in the lemon law of your state.
As the lemon law that is applicable in your state will be different than the law in other states it is important that you know exactly what is required if you think your car is a lemon. For further information you are invited to visit the web site “Your Lemon Law Rights.”
