In most instances a person’s home and his or her car are the biggest purchases they will make. You don’t expect to have real problems with either of them, but if a problem does arise it will usually be related to the vehicle. Normal problems are understandable, an ongoing problem is not; fortunately the American consumer can turn to laws that offer recourse should this happen. Before lemon laws were enacted, chances of getting the manufacturer to take full responsibility for defects were remote, things are different thanks to lemon laws. To use the vehicle lemon law to your advantage you must know a little of how it works.
Every state has a version of lemon laws; although they are marginally different the purpose is the same. Lemon laws are designed to protect the consumer; the laws require the manufacturer or his representative to remedy the problem while the car is still under warranty. Further, the law establishes the procedures for resolving any issues between the parties and it provides for a remedy; either a refund or a replacement when the car cannot be fixed.
For a car to be deemed a lemon there are certain criteria that must be met.
* The problem must be one which is detrimental to the cars use, value and/or safety.
* The problem must be one that is covered by the vehicles warranty.
* The car must be unavailable to the owner for a period of time (normally 30 days but differs by state)
* The problem must be reported within the time limitation set by law (years or mileage, differs by state)
* The manufacturer has been given opportunity to rectify the problem
The burden of proof rests on the shoulders of the consumer. If, after going through the process your car meets the criteria of your states lemon law then the law provides recourse; a full refund or a replacement vehicle. If you opt for a refund it also includes expenses such as tax, license and registration fees and finance charges.
Important things for you to know:
Maintain accurate records, keep all copies of correspondence you have, repair records, records of parts used, etc. If you conversed with the dealer and there is no written record, make notes of the conversation.
The manufacturer must be given a reasonable opportunity to fix the problem, in most states this is three attempts, the first attempt being within the time or mileage limitation set by your state.
The lemon laws in your state lay down in detail the responsibilities that both you and the manufacturer of your car have if it is a lemon. If you need assistance you are invited to visit the web site.
