Lemon Law Information

State Lemon Law Statutes

If you’re of the opinion that you’ve bought a defective vehicle, get in touch with us today in order to ascertain you qualify under the lemon law of your state. The lemon law definition differs from state to state. Each state has its own lemon law to protect consumers from excessive warranty repairs on a new or used motor vehicle that is covered by a manufacturer’s warranty.

Though every state has its own lemon law but virtually all state Lemon Law Statutes are similar to that of the Federal Magnuson-Moss Warranty Act, and as a result of this, it makes any breach of warranty an infringement of federal law which is punishable under law. The state Lemon Laws and other federal consumer protection laws could help you get rid of that lemon. Consult your state Lemon Law Statutes today to see the position of your state on your Lemon.

What is a Lemon?

A lemon is a vehicle that is found to be defective continuously even after 3 to 4 times repairs of a particular problem within a short period of time and within a warranty period without a tangible solution thereby impairing it use and value. Though, lemon law differs from state to states but most new vehicles are covered by lemon law but ensure you consult the Lemon Law Summary for your particular State.

Do I have a Lemon?
Please have at the back of your mind that the lemon law doesn’t cover minor issues like peeling paint, blown fuses or headlight that doesn’t function properly or simply because you discovered some few things you no longer like about your newly purchased car.

Though the law varies from state to states but however, if you have any major defects that could endanger the safety of the driver and that of the passengers such as frequent stalling of the car, brakes malfunctions, your car not staying shut, your car won’t start on cold mornings or hot afternoons, your car not going into reverse gear or the driver seat moves from one side to another, then you may have a Lemon. But the manufacturer must be given a reasonable opportunity to repair any of the problems before you can be covered under the lemon law.  Also, in order to qualify for a lemon law protection, you must ensure all repaired defects are properly documented.

Though each state differs, but however, most Lemon Laws requires your vehicle is taken in for repair between 2 times for serious safety defects and 4 times for other problems.

Do I need a Lawyer?
The question of getting a lawyer or not depends on the state in which your car is registered because the Lemon Law differs from state to state. In some states, all you need do is to file a complaint with proper documentation while in other states; there will be need for you to hire an Attorney. But however, more often than not, going the do-it-yourselfer way for Lemon Law almost never work in your favor.

Who pays the Lawyer?

Majority of the state Lemon Laws has a provision that says if your case is successful; the vehicle manufacturer has to pay all of your Attorney fees. As a result of this, it is advisable to engage the service of an Attorney if you’re sure you have a genuine case with all documentation in place. But also have at the back of your mind that in some states, if you lose, you will have to make payment for the services of the Attorney. An Attorney’s fee is based upon actual time expended rather than being tied to any percentage.

Is a Used or Leased Car protected?

Majority of the states also include used or leased vehicles under their Lemon Law protection whether there are purchased from a dealer or from a private seller. Some states provide separate laws for used or leased vehicles while some provides protection only for new vehicles. Even if your state doesn’t have a specific used vehicle Lemon Law, it probably has other laws that are designed to protect you such as federal consumer protection laws. Ensure you consult the Lemon Law summary and state statutes in other to know the position of your state on this. Also, it is worthy of note, that the procedure for reporting a used vehicle as a lemon is similar to that of a newly purchased vehicle.

What about Motor Homes and Motorcycles?
The Lemon Law of most states covers motor homes. The portion of motor home used for dwelling and commercial space are not covered by the Lemon Law but only the self-propelled vehicle and chassis portions of a motor home are covered. Not every state has a Lemon Law that covers motorcycle but some does. You need not be depressed if your state Lemon Law doesn’t cover your motor homes or motorcycles, there are other law that does, laws such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).

Tips to Protect your Investment
It’s difficult to suspend you newly purchased car has a Lemon most of the time unto it’s too late probably out of warranty. But keeping a record of all repairs could help in protecting your privilege under the Consumer Laws.
Documenting every of your repaired car problems would be of great help. Ensure all complaints are put into writing and make sure you have a copy for yourself. Forget not to obtain a copy of any Warranty Repair Purchase. Request for an involve when your car is picked-up, though the dealer might feel reluctant in consenting to this, but make sure you request for it because this will be part of documents that will indicates a repair was carried out on a particular area of your vehicle.
Ensure all your complaints are recorded on the Repair Order exactly as you describe it by the dealer. Also make sure all defect are described exactly the same way as it is on each of your repair visit otherwise your right under reasonable attempt to repair for the same defect might be lost.
Make sure you record date, time-in and odometer reading when your car is brought in for repairs, and also the date and time that your car is picked-up. This is important because in most states, if your vehicle stays in the repair shop for some good number of days within the warranty window, you’re covered by the Lemon Law.
If driving in the middle of the desert or in an un-busy road, and your vehicle fail to function, ensure the time and date of the event is recorded. Also, ensure all events that took place are all recorded (the time spent while waiting for help, renting a car home and several others). The emotional problem your un-functioned vehicle causes has a lot of impart on your case if the need to go to court arises.