Every state has its own version of a lemon law. The laws vary from state to state but typically provide protection for those consumers that purchase new vehicles; cars, trucks, vans and in some states, RVs and motorcycles are included. A large number of states also protect those who lease rather than purchase and a few states even a lemon law for used car buyers.
In all states, lemon laws only cover “substantial defects.” Although the term can often be interpreted in different ways it basically means that if the vehicle has a defect that impairs its use, safety or value, it meets the criteria. If the defect is one that impacts it use of value most state lemon laws allow the manufacturer three or four chances to fix it, in the event the defect affects safety, most states consider the vehicle to be a lemon if the defect cannot be fixed in one attempt.
The law can also be evoked if the vehicle is in for repairs for a certain number of days for the repair of the same defect. The time is cumulative and depending on the jurisdiction can be as short as 15 days or as long as 40 days.
What to do if you think you have a lemon:
Although it is the responsibility of the manufacturer, the purchaser of a new vehicle will typically rely on the dealer to execute any repairs, with this in mind, the dealer is well aware that there is a defect. Although the repair work will normally be carried out by the dealer, the lemon law generally requires that you have to provide the manufacturer with written notification of the issue, once the manufacturer is aware of the defect he is granted a final chance to fix the problem.
What happens next?
In the majority of cases the buyer and the vehicle manufacturer arbitrate in an effort to settle the matter. In some cases arbitration takes place under the auspices of the state while in other cases it can be an independent group or even arbitration sponsored by the manufacturer.
Consumers that win under arbitration, and most do, are given the opportunity to request a replacement vehicle of equal value and specification or they can request a full refund which includes the original purchase price as well as sales tax, licensing and fees, minus an amount that represents the use of the vehicle.
It will be necessary to support your claim with evidence; all repair orders, correspondence, mileage and date logs, etc must be kept for use during arbitration or a subsequent action in court.
The lemon law differs from one state to the next. If you feel that the vehicle you purchased or leased has a substantial defect that cannot be repaired you have recourse. For details visit yourlemonlawrights.com.
