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Lemon Law (part II)
Victor Anicama
LEMON LAW
Do I have a Lemon?
If the paint is peeling, the light switch came out when you pulled on it, the
car makes "funny noises" but otherwise drives just fine, or you found 10 things
you don't like about your new car but none of them prevent you from driving
it, then No, you do not have a Lemon.
If the brakes don't work, the car won't go into reverse gear, the darn thing
won't start on cold mornings or hot afternoons, the rear door opens all by itself,
the driver's seat wobbles, or the car chugs along at 30 mph when it should be
going 50 mph, then Yes, you may have a Lemon. Providing you've given the manufacturer
an opportunity to repair the defect.
In most States, 10 different defects during the Warranty Period doesn’t make
a car a Lemon. In some States, a single defect that might cause Serious Injury
makes your car a Lemon if the manufacturer cannot fix the problem within 1 attempt.
You may have a Lemon, but if you do nothing to protect you’re Consumer Rights,
such as documenting your Repairs and allowing the Manufacturer a chance to fix
the problem, you lose all rights under the various State Warranty Acts.
Do I need a Lawyer?
The answer depends upon which State you purchased or registered your car in.
In some States and with proper documentation, you simply file a Complaint. In
other States, you will need to hire an Attorney.
Is a Used or Leased Car protected?
It depends upon which State the car was purchased or leased in. Some states
include used and leased cars in their Lemon Law statutes. Some states have separate
laws for used vehicles. Some states provide protection only for new cars. In
some states, even the Attorney General is unable to tell you if a Leased vehicle
is covered due to the way the law is phrased and you will be referred to an
Attorney for clarification of the law. See the Lemon Law Summary and the State
Statutes for your particular State to determine what is covered.
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