What Is The Lemon Law
A new car can be an expensive purchase and if it has to be taken to the dealer for frequent repairs it can become a costly and a frustrating experience. To protect the consumers from such hardship, most of the states of the United States of America has enforced the Lemon Law.
A lemon car, the technical definition of it, constitutes to a vehicle with a significant problem that cannot be fixed within reasonable attempts or remains out of service a particular number of days. And if a consumer's new car fits this definition of a lemon car, the law may help him get a replacement vehicle or refund of purchase price. The automobile lemon law states that any new car, that is covered by manufacturers warranty requires its defects to be repaired free of charge to the consumer, to such extent that it conforms to the warranty statement. And on repeated failure attempts, or if such defects renders the car out of use for a particular duration of time, requires the manufacturer to replace the vehicle or refund the full purchase price.
How then do you determine whether your car has a significant problem or that you have given the manufacturer reasonable attempts to repair the problem? Or for how long is this "particular duration of time" before you can serve your right under the law.
The Lemon Laws vary to some extent from one state to another. However, in most of the states, vehicle lemon law specifies that a manufacturer must refund or replace the defective car when a defect cannot be repaired in four attempts, for safety defects within two attempts or if the vehicle is out of service for 30 days within the first 12000 to 18000 miles during its first or second years. Your success in using the state lemon law to your favor will depend on your
1. Record keeping
2. Provide the right notice to the manufacturer
3. Use arbitration program when required. There are two other sets of laws that connotes to defective vehicles. 1. The Magnuson-Moss Warranty Act Enacted in 1975 by the Congress in response to misuse of warranties and disclaimers by merchants, the purpose of the Act is to make product warranties understandable and enforceable. And of course to provide the Federal Trade Commission a way to protect the buyer of any product costing above $25. The act prevents manufacturers from drawing up unfair warranties as well as makes it financially feasible to bring warranty suits. 2. The Uniform Commercial Code The UCC was formed to harmonize the law of sales and other commercial transactions all over the United States of America. Although not a law by itself, it has the force of a law in a state if enacted by the states legislature. Although the code does not define the lemon, it does give the customer the right to a replacement of the purchase or a refund. Which one you will be entitled to needs to be determined by the court. You will need a lemon law attorney if you want to take your case forward. Associates
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