Car Lemon Law
So you feel that your new car is robbing you off. From the time you were first driving it home you realized something just didn't seem right. And more often then not you have to visit the manufacturer to get a repair but the problem still remains. Do you feel that you bought yourself a "lemon"?
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 your car does fit the definition of a lemon car, then there are laws that may help you getting rid of it and hopefully a cash settlement.
So how do you know if there is a significant problem or that you made a reasonable attempt to repair it, or how many days makes a particular number of days when it comes to your car?
The United States of America has general federal law as well as state specific laws that define the lemon law rights and that you can turn to check if it fits your scenario, and what you can do if it does. There are three different set 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. 3. State-Specific Lemon Laws The Lemon Laws vary to some extent from one state to another. However, in most of the states the law specifies that 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 12,000 to 18,000 miles or one or two years. Your success in using the state lemon law to your favor will depend on your
1. Keeping records
2. Provide the right notice
3. Use of arbitration program when required. It is always wise to document any kind of transaction when it involves two parties. And when it comes to automobile dealers or manufacturers it is even more important.
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