American laws to protect consumers from buying a lemon
The Lemon Law was created to protect consumers who were sold defective motor vehicles.
Lawmakers realized that to most people buying a car is a major purchase and so made the "lemon laws" to protect buyers from poor quality cars. A lemon law ensures that the manufacturer has to replace or offer a refund on a defective vehicle.
Different states have different laws but these mostly differ in the detail. In almost all cases, the law says that the defect must substantially impair the use or safety of the vehicle to qualify under the law. Issues such as chips on the paintwork, broken stereos or rattles which don't impair safety do not qualify the car or truck as a lemon.
However, if a manufacturer fails to repair such things as brakes, or acceleration then the vehicle is considered a lemon and the law comes into play.
In some states a vehicle may have upto 10 defects during its warranty period and still not be considered a lemon! On the other hand some states say that if a single defect that poses a serious hazard to passangers should be repaired in one attempt. If it isn't fixed after one try then the vehicle becomes a lemon and the consumer has the corresponding rights under the law.
But consumers need to be aware about the lemon law and must record all the steps taken during the process of getting the car repaired. If the consumer can't show that certain steps were taken then it's much harder to get compensation under the law.
Lemon Law attorney
Depending on the state you may need to find an attorney to help you with your claim, or you may just be able to file your complaint if you have all the necessary paperwork.
If you live in a state which requires you to have a lawyer then you should be aware that fees are typically based on time spent on the case rather than a percentage of the compensation or court settlement.
However, there is a precedent called the Magnuson-Moss Warranty Act which allows you to claim all attorney fees back from the manufacturer. However, some states say that if you lose then you have to pay all the fees of the manufacturers lawyer team!
For more information about state by state laws and regulations please browse the following pages.
Alaska Lemon Law
Alabama Lemon Law
|