A car is considered a lemon if it has some problem or manufacturer defect that can’t be fixed in a reasonable amount of time and the buyer ends up paying for it again and again. Generally, the defects which decrease the safety of car-like faulty brakes, a dead engine, or a broken transmission make a car lemon. Although, the definition of the lemon car varies from state to state, and law for these cars also varies. New and Used car both can be lemon and has different laws depending on the state you are living.
It is a lemon if it meets the subsequent conditions within 18 months of purchase or before 18,000 miles have incurred on the odometer, whichever comes first:
1. A minimum of 2 attempts are made to repair a guaranty issue that would have resulted during a serious injury or death.
2. A minimum of 4 attempts were made to repair a problem during the warranty period.
3. The vehicle spent quite 30 days [total] within the shop while being repaired.
If your car is taken into account a lemon, you’re entitled to possess your car replaced OR get a refund of the acquisition price of your car
Lemon laws are laws that help buyers from being stuck with a lemon car. It doesn’t apply to every situation generally the problems with the vehicle must occur while the car is under warranty. It is not necessary to have a new car warranty however it could be more a limited warranty that comes with a used car. There is federal lemon law and as already stated that each state has its laws. Some basic common laws are:
- The Uniform Commercial Code (UCC): Under the UCC, a used-car sale automatically includes an implied warranty that the car is fit for transportation. However, used-car dealers may deny (or “disclaim,” in legal parlance) the implied warranty if they sell the vehicle “as is,” which they typically do. In the few states that prohibit dealers from disclaiming the implied warranty (such as the District of Columbia, Maryland, Massachusetts, and West Virginia), the UCC can be more effective than a used-car lemon law would be.
- The Federal Trade Commission’s Used Car Rule: The Federal Trade Commission (FTC) requires dealers who sell five or more cars per year to post a Buyer’s Guide in every used car that’s offered for sale. The guide must show whether the vehicle is being sold “as is” or with a used-car warranty, what percentage (if any) of repair costs is covered by the dealer under the warranty, and a list of the major defects that can occur on used vehicles.
- Magnuson-Moss Warranty Act (a.k.a. federal lemon law): This law prohibits the disclaimer of an implied warranty when a car is sold with an express written warranty. It also provides for the awarding of attorney fees in particular cases.
To avail these laws or state laws much paperwork you need to submit for that there are few tips-
- If your car has any mistakes take it only to the dealership, if you take it to another mechanic the manufacturer will not be responsible for any repair
- If you go to court you would be needing proof so it’s better to keep detailed records of every repair. This will also prove that from how long your car wasn’t available to you due to problems.
- Manufacturers have teams to handle these cases that have the experience to deal with lemon law. Having a lawyer who has experience with lemon law will bring you peace and will ease your work in court.
What to do if you think you bought a lemon car
The simplest way to getting a refund or replacement vehicle for your lemon car is keeping track of each issue and repair that takes place. Follow these steps if you think your car could also be defective:
1. Note the difficulty you’re experiencing and check your warranty documents to ascertain if they’re covered.
2. Search the laws in your state.
3. Report your problems to the dealership and manufacturer.
4. Document everything, including repairs done by the dealer and manufacturer.
5. Write to the manufacturer to start out the buyback process if repairs fail to repair the defect.
6. Contact a lawyer if problems still persist or the buyback process is stalled by the dealership or manufacturer.
What are the common defects with lemon cars?
- Dealerships and private sellers don’t always disclose previous accident damage, and sometimes repairs are strictly cosmetic. There are chances you will get to know after a time so it’s good to get it to check before buying it.
- Sometimes the dealerships and private sellers adjust the odometer to make it look like the car is not used more than it is. Compare the odometer with the records and check for the car’s wear and tear.
- Your dealership or seller must provide service records and other documentation once you purchase a vehicle. Confirm all of its correct which it’s all there. If not, you’ll be missing an important piece of data that shows your car could also be a lemon