Lemon Law

The lemon law varies across the United States, but if consumers feel they have been unwillingly sold a defective car, truck, motorcycle, SUV, RV or boat, they can sometimes qualify to get their money back or a trade-in replacement. If a consumer’s vehicle continues to have defects that impair its safety, use or value, then it’s probably a lemon car. Generally speaking, if the car has been repaired four or more times for the same defect during the warranty period, then it will qualify as a “lemon.” The defect cannot be something trivial like peeling paint or a harmless rattling sound, however.

The federal law defines a lemon as any new vehicle that has a serious defect that isn’t fixed within “a reasonable number” of attempts or after “a certain number of days” out of service. Under the Magnuson-Moss Warranty Act, the buyer is protected for any product costing more than $25 that comes with a written warranty. The Uniform Commercial Code allows for consumers to get a refund or replacement for “lemon” products. As one can see, these federal laws are vague at best. It’s the state-specific laws that really specify what restitution is given for the defect and what constitutes as a lemon purchase.

At www.lemonlawamerica.com, consumers can click on their state to get the specific state laws that apply to them. For instance, the Texas lemon law says there are four ways to determine if a new car is a lemon. First, there is the “four-times test,” which says that a lemon car is one that has been taken in two times for the same defect within 12 months or 12,000 miles, and twice more during the same duration of time after the repair attempt. There is also a “serious-safety-hazard” lemon law test that allows consumers the ability to get a refund if a car has an extremely hazardous defect that isn’t able to be fixed after one attempt. There is also the “30-days” test which applies if the vehicle has been out of service for repair for 30 days or more during the first 24 months or 24,000 miles, and there were two repair attempts during this time — unless a loaner vehicle was provided during this time.

To be eligible for lemon law protection, the consumer must have copies of documentation regarding the vehicle and its history. For instance, the initial purchase contract, warranty book and manual should all be kept. Also, all the paperwork from any repairs that needed to be completed should also be held onto. This will show exactly how much work has been done on this supposedly “fine” vehicle. Many consumers elect to take written notes of conversations with dealership representatives and repair technicians. Sometimes a particular problem is simply associated with a particular vehicle, so Technical Service Bulletins should be looked up to see if this applies to the consumer’s purchase. It often helps a case to write up a timeline that clearly shows each repair by date, as well as the number of times the vehicle has been serviced or taken off the road for repairs. Even if dealers or mechanics advise against seeking the lemon law for protection, there is still a chance the consumer may qualify, so a licensed attorney should be contacted instead.

Rene Lacape is a well trained insurance agent who has been in the industry for so long. Many clients have been satisfied and have been recommending him to others. Check his website so you will know for yourself what goodness of dealing with him is.

Filed under: Foreclosure Properties

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