Each of the fifty states has Lemon Laws which are in place to protect those that purchase new cars; the laws may be known as the New Motor Vehicle Act of the state in which you reside. The laws are not the same in every state but there are a number of commonalities. For example, in some states only cars and passenger vehicles are covered by the law while in other states larger trucks and recreational vehicles may also be covered.
Typically, the Lemon Laws stipulate that the purchaser of a new vehicle is entitled to a remedy in the event of certain circumstances occurring, typically the circumstances are:
* The car is not available for a certain number of days during the first year of ownership
* The car requires service three or four times for the same problem and still is defective
The problem with many of the states Lemon Laws is determining what qualifies as a defect, this also varies between states. The majority of states say that the defect must “substantially impair” the use of the vehicle, its safety or its resale value. Defects of this nature are quite obvious; transmission failure is a good example. The problems usually are in the gray areas, is a water leak a substantial impairment or not? As the lines are blurred many people will see an attorney when they are faced with a problem.
The Lemon Laws of most states require that you give the manufacturer written notification that there is likelihood that your car is a lemon. Usually this letter is written is before the car actually qualifies, if the law states that the vehicle cannot be unavailable for 35 days for example, the letter can be written after the car has been in for repair 25 days. In most cases the manufacturer simply ignores the letter, however, if they do make a final effort to rectify the problem you must let them try; odds are they can’t fix it, if they could they would have long ago.
Under the Lemon Laws, should your car truly qualify as a lemon you are entitled to a replacement vehicle or your money back. The cash refund will normally be discounted for the number of miles on the odometer.
When you purchase a new car you have no idea whether it will turn out to be a lemon or not. Save any documents regarding the repairs and maintain a log of the time the car is in the shop, it will make it much easier to settle the problem.
The Lemon Laws in the state in which you reside are those that you need to be aware of should your new car have problems. For complete information you are invited to visit LemonLawAmerica.com.
