Lemon Laws

Lemon laws exist to protect the consumer who buys a car.  While it differs a bit from state to state, just as most laws do, a lemon is considered a new vehicle that has substantial problems that aren’t repaired in a reasonable amount of time or number of attempts. The vehicle also will have a certain number of days that the driver has been unable to use it because of these problems.
If all that sounds a little vague, that’s because it is.  This is where the lemon laws, both state and federal, need to be checked.  Your state’s law might be different from anywhere else on exactly what constitutes “reasonable” and “substantial.”

Three Sets of Lemon Laws

In the United States there are three different sets of lemon laws consumers can turn to. The federal and nationwide laws are:

• The Magnuson-Moss Warranty Act: This federal law protects consumers who purchase something that costs more than $25 and comes with a warranty. It also prevents manufacturers from writing unfair warranties and allows for consumers to sue over warranties and have their attorney fees paid by the manufacturer, should they win the suit.
• The Uniform Commercial Code: This law also applies nationwide and gives consumers the right to get a refund or a replacement when it turns out they’ve purchased a vehicle that court deems to be a “lemon.”

The third set of lemon laws is each state’s individual laws regarding faulty vehicles. Most states have laws that provide for the refund or replacement of a lemon when:

• A substantial problem hasn’t been repaired after 4 tries
• A safety defect hasn’t been repaired after 2 attempts
• The vehicle has been out of service for at least 30 days within the first 1-2 years, or the first twelve-thousand to eighteen-thousand miles

Successfully Suing for Replacement or Refund

When you’re ready to use your state’s lemon laws to get a refund or replacement for your faulty vehicle, one of the most important things you can do is keep very detailed records of everything regarding the vehicle.  Document everything you can about the purchase of the vehicle, down to everything said and done with each attempt at repair. You’ll probably want to hire a lawyer to help you file the case properly, because filing incorrectly can jeopardize the case.  And you also must be willing to enter into arbitration of the case if the court so orders it.

Keys to Good Documentation

Anytime you talk to your dealer, a repairman or anyone involved with the car you should write down everything that’s said. While that sounds complicated, it’s just a matter of writing down the date, the time and what was discussed.  You may not be able to remember every single word, but if you get the thrust of the conversation down, then it’s documented. Then you can organize all the repair attempts and conversations by date, and easily show how many days your new vehicle has been unavailable to you.

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