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
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
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.