If you’ve heard of the term “lemon law” it refers to US states’ laws about faulty vehicles. This provides consumers protection against various defects in the vehicle and also gives them the right to make a demand for replacing the vehicle or getting a refund. The term refers to vehicles that have various defects. These defects lower the value of the car, which affects its use and reduces safety. Law Offices of Douglas D. Law recognizes consumers’ right to rely on the safety and dependability of the vehicle that they’ve purchased. Here are some important facts related to the lemons:
1. It involves a specific definition
You’ve probably heard about people referring to their vehicle as a lemon. It’s a general term that is often used to refer to a type of vehicle that people also refer to by other names including “clunkers” and so on.
However, it’s critical to keep in mind that in terms of legal terms, the term applies to a particular type of vehicle. A general rule is that a lemon has been fixed many times for the same problem within a particular warranty period. That period is stated in the state’s lemon law. If the vehicle hasn’t been fixed then it could be classified as a lemon. However, it’s advisable to have repairs fixed by an authorized auto dealer.
2. State laws differ
It’s important to keep in mind that different states have different rules regarding their lemon laws. For example, there are some states that protect used/new vehicles. In other cases, the laws only protect buyers of brand new cars. In addition, the lemon laws can also differ in the vehicles that they cover. Another issue can be related to how many times the vehicle must be fixed before it is classified as a lemon. These are all important issue to keep in mind. The reason is that rules that apply to certain states might not apply to that state you live in.
Here’s an example. California’s lemon law states that a vehicle can be classified as a lemon if it’s been fixed 4x already, hasn’t been used for 30 days, or the vehicle has been fixed twice for a particular defect that could cause major injuries or death. Meanwhile, other states might only require a c retain a number of repair tries and fewer if they could cause major injuries.
What’s important is to do research about the particular lemon laws in your particular state. The reason is that they’ll be the ones that apply to your vehicle.
3. Consumers can select a refund
Under a Lemon, Law consumers can choose for a refund rather than a replacement. They can also get a refund for an expense that they’ve spent for repairs, use of rental vehicles, towing repairs while the vehicle is at the service center. This is an important issue to be aware of. The reason is that such costs can add up quickly. It can be tough enough financially maintaining a lemon. Thus, it’s always a plus if you can get some of the expenses back that you’ve spent on the old car.
4. Refunds can be provided based on mileage
The majority of Lemon Laws provide a refund provided to the consumer that’s related to the mileage on the lemon when the refund is provided. However, there aren’t any particular guidelines about this issue. Thus, the consumer can negotiate when getting their refund.
Speaking of which, sometimes it’s easy to deal with manufacturers, but sometimes they won’t deal with lemon cars at all. In that case, you’ll need to hire a lawyer. You can also get refunded for your lawyer fees.
5. Serious defects must be repaired in one attempt
This is an important issue to consider. Typically a serious defect must be fixed within one repair attempt. They include issues related to the brakes or steering wheel. On the other hand, other safety defects must be fixed in 2 repair attempts. Meanwhile, other defects provide consumers with 3-4 repair attempts depending on which state you live in.
Here’s another factor to keep in mind. If a vehicle has been in a repair shop for a total 30 days during one year, and 1+ of the days taking place during the vehicle’s first 12,000 miles, then in that situation the vehicle is classified as a lemon.
6. A lemon law requires manufacturers to fix the problem
It’s important to keep in mind that a Lemon Law requires the car’s manufacturer rather than the dealer to fix the problem. Consumers who have a plan to request a refund must report the particular case to the auto manufacturer. This must be done in writing, and especially in the case that it’s written in the users manual or warranty materials. It’s also important to keep every document related to repairs in case they’re required when you file the complaint officially.