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Auto Lemon –Can Your State's Lemon Law Help You?
Charles Essmeier
Buying a car is not like buying a radio; you cannot return it to the store
for a refund if you do not like it, or if it has a manufacturing defect. In
fact, for many years, if you purchased an automobile that came from the factory
with defects, you were just stuck. You could try to get the dealer to repair
the problem, but if the problem continued and the dealer could not repair it,
you were out of luck.
In 1982, the luck of owners of so-called “lemons” changed for the better, as
California and Connecticut passed the nation’s first “lemon laws.”
These laws, spawned by consumers who had waged tireless battles against major
auto companies, allowed owners of defective automobiles to seek compensation
or replacement with the help of their respective states. These laws swept like
wildfire throughout the country, and now all 50 states have some form of the
lemon law.
The specifics of the lemon laws will vary from state to state, but in general,
they define a “lemon” as a vehicle that:
Has a “nonconformity” that affects the safety, use, or value of the vehicle,
and
The nonconformity has not been successfully repaired after a “reasonable”
number of attempts, and/or
The vehicle has been out of service for a total of a certain number of days
for repair of the nonconformity.
The length of the warranty period also varies; coverage typically runs anywhere
from one year or 12,000 miles to two years or 24,000 miles. As previously stated,
the specifics vary from state to state, particularly the number of repair attempts
that constitute “reasonable” and the number of days that the vehicle must be out
of service in order to qualify. In some states, repairs that affect the brakes
or other safety equipment need only one repair attempt to qualify as “reasonable.”
Restitution is fairly consistent from state to state; it usually requires the
manufacturer to either replace the vehicle with one of comparable value, or refund
the purchase price, along with taxes, registration and delivery fees. Some states
leave the option of replacement or refund to the manufacturer, but most give the
option to the consumer.
What should you do if you think you have a lemon? You should:
Make sure that you document everything relating to repairs of the vehicle,
including when and where it was repaired, who signed the work order and what
work was done.
You should contact the manufacturer in writing, alerting them to the nature
of the problem.
You should consult with your state’s Attorney General’s office to learn how
your state’s law affects you directly.
You may have to go through an arbitration process; this involves both you and
a representative of the manufacturer explaining your respective situations to
a panel that will then provide a ruling. The arbitration ruling is usually binding
on the manufacturer; they will have no recourse should the panel rule in your
favor. Generally, if you don’t agree with the panel’s ruling, you still have the
option of filing a lawsuit in court.
You may wish to hire an attorney to represent you; there are plenty of lawyers
who specialize in lemon law cases, and they can probably bring the case to a solution
more quickly than if you handle the case yourself. Be sure to contact your state’s
Attorney General’s office regarding the specifics of your own state’s lemon law.
You don’t want to miss a deadline, or you could be stuck with your lemon for a
long time.
About the Author
©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro
Marketing. Retro Marketing, established in 1978, is a firm devoted to informational
Websites, including http://www.LemonLawHelp.net/
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Free Report: How To Buy A Car Without Being Ripped Off!
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Just Click here now to get your 59 pages FREE report in pdf format about "how to buy a car".
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Car Hire News Releases
Motorbike parks to double, but car-sharers go without (Narromine News)
Brisbane City Council will double the number of motorcycle parking spaces in the CBD but has no plans to give a community car-sharing service any spaces. Glitch disrupts cable car line (The San Francisco Examiner)
An electrical malfunction shut down the California cable car line for two hours Wednesday morning, marking at least the fourth time in the last six weeks that equipment problems disrupted service on San Francisco's iconic moving landmarks. Car insurance fraud runs at £5m a week as owners try to clear debts (Times Online)
Fraudulent motor insurance claims have soared by more than 70 per cent in the past four years, making the car the No 1 insurance fraud target. The Association of British Insurers will announce today that fraudsters are submitting dishonest motor claims of £5 million a week. ‘It's a good time to be in business' (The Herald)
Few company executives can boast that they have had the opportunity to hire a national hero and holder of the Queen's Gallantry Medal who has been publicly congratulated by the Prime Minister - but John McGlynn is one of them. Carmakers negotiate maze of European green taxes (Financial Times)
The French love tinkering with their tax regime for the purposes of social engineering. The state provides fiscal incentives to buy property, hire home help and have babies. But the government is now becoming increasingly enthusiastic about using taxes to persuade consumers to turn green. To buy or not to buy? (Stuff)
Buying would be so much cheaper than renting a car: such was our response to the question of how to navigate North America on an extended trip. Oil price: Slump in motor sales raises fears for viability of Detroit's car industry (Guardian Unlimited)
Ford shares sink to 23-year low as sales drop 28% but General Motors remains largest car seller in US Local driver restarts career (Muskogee Phoenix)
Racing tonightWhere: Outlaw Motor Speedway, OktahaStart time: 8 p.m., hot laps at 7:15 p.m.Tickets: $10 adult, $5 kids 6 and older, pit passes $30 and $20.All classes will race, with fireworks at intermission. Okmulgee Car and Truck will pay a $300 bounty bonus for anyone who can beat Economy Modified driver and co-track owner Danny Womack. Details emerge in capture of killing spree suspect (AP via Yahoo! News)
As the hunt wound down for the man suspected in a killing spree that left eight people dead in two states, a disheveled Nicholas T. Sheley walked calmly into a Subway restaurant in suburban St. Louis, asked to use the phone and called his lawyer — all but ensuring his capture. Fraud motor insurance claims soar (Channel 4)
Fraudulent motor insurance claims have soared by 70% during the past three years, figures have showed. The Association of British Insurers said its members uncovered 24,000 fraudulent car insurance claims worth £260 million during 2007 - the equivalent of £5 million every week.
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