Lemon Laws

Every major city has its own public transportation system—some are flawless, while others leave a lot to be desired. With so many buses, trains, and taxis in existence today one would think that most people would take a pass on owning a car and use their local transportation system. Not so. Statistics show that the car is still the most popular form of transportation in America today and it is an absolute necessity in many suburbs, rural areas and small towns.

While most people would prefer a brand new car over a used one, not everyone can afford a brand new car. Because of this, the used car business is multi-billion dollar a year industry—but so is the automobile repair business.

Minor Car Trouble and Defects

We all know that minor car trouble is a normal part of owning a vehicle, especially if the owner tends to neglect standard maintenance procedures such as oil-changes and tune-ups. While minor car trouble such as a flat tire or over-heating may be considered a normal part of owning a vehicle, excessive car trouble is altogether different—especially if the car in question is used.

In general, if a car has a defect that impairs the safety of the vehicle as well as the value and use of the vehicle and that same defect has been repaired 3-4 times or more within the warranty period, the car may be considered a lemon. Fortunately, each state has a lemon law in place to help protect consumers against predatory dealerships or irresponsible manufacturers.

What Are Lemon Laws?

Lemon laws vary from state-to-state, but in most states, lemon law statutes are based on the Federal Magnuson-Moss Warranty Act. The Federal Magnuson-Moss Act is a federal law, passed by Congress in 1975, which governs consumer product warranties. The Federal Magnuson-Moss Act requires sellers and manufacturers to provide consumers with detailed, written information about warranty coverage, and helps to enforce those obligations outlined in the warranty.

State-to-state lemon laws typically address the following: type of vehicle, length of warranty, and number of repair attempts. For example, in the state of Virginia, the vehicle in question is any vehicle that is used for family, household, or personal purposes that had three repair attempts or was out of service for 30 calendar days with a warranty period of 18 months. In Idaho the vehicle in question has to be a new vehicle that is used for business or personal purposes. The warranty period is 2 years or 24,000 miles, with 4 repair attempts or 30 days out of service.

I Have a Lemon Law Dispute. Now What?

Once you have determined that you do in fact own a lemon, gather all of your supporting documentation and records because in many states you will have to hire a lawyer to take the manufacturer to court to recover damages. Unfortunately, in some states, you cannot take the dealership to court. There are several states that may use an arbitration board to help consumers and manufacturers resolve lemon law disputes. In these cases, there is no need to hire an attorney, which can be quite costly if the dispute is over a $2,000 vehicle.

To find out more about your state lemon law or to find out if your state has an arbitration board, contact your local Department of Consumer Affairs.