Saturday 16 July 2011

Basics of 'Lemon Law'

What is Lemon Law
A "Lemon Law" is a state law that protects purchasers of motor vehicles. Lemon Laws define the rights and remedies that a consumer has if he has purchased a defective motor vehicle. In certain states, the Lemon Law only protects consumers who have purchased brand new personal use cars, trucks, vans and SUV's, while in other states, the Lemon Law protection extends to used vehicles, motorcycles, recreational vehicles (RV's) and more.


Why 'Lemon' Law?

A "Lemon" is term that is used to reference a defective product. State Lemon Laws set forth the particular terms that define what a lemon vehicle is, but there are general parameters that are found in all states' Lemon Laws. 



Basis of Lemon Law

Generally, a vehicle is considered a Lemon if it exhibits defects or non-conformities that substantially impair the use, value or safety of the vehicle.  As stated, that means that the defect or non-conformity must be serious in nature.  Examples of such include Transmission, Engine, Braking, Steering, Electrical and other assorted problems.  Please know that this is not an exhaustive list.  Once your vehicle suffers such a defect, all state Lemon Laws require that the Manufacturer must be given a reasonable opportunity to repair the problems.  This number varies from two (2) to five (5) depending upon your state Lemon Law.  If the dealer cannot repair the defect after the appropriate number of attempts, your vehicle may be considered a Lemon. 

Benefits of Lemon Law
Most State Lemon Law statutes provide that the consumer is entitled to choose either a free replacement vehicle or a full refund of the purchase price of the vehicle.
  • A free replacement vehicle means obtaining a vehicle which is substantially identical to the defective vehicle, of like make, model and options, at no additional cost.
  •  A full refund of the purchase price includes obtaining all funds that were used to purchase the vehicle, including any down payment, trade-in equity, financing payments (including interest) taxes, title fees and documents costs.
  •  In most states, the consumer is also entitled to an award of reasonable Attorney Fees for prosecution of the Lemon claim.

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