All states and the District of Columbia have a lemon law for car purchases; the law offers protection to those who purchase a car that proves to have a defect which is beyond repair. The greatest majority of state lemon laws only apply to new cars although there are a few states that also offer limited protection to those who purchase a used car.
Although the laws vary from one state to another there are a few clauses that are included:
* The car has to have been in the repair shop for a specific number of times for the same complaint but without success. The majority of states specify three times minimum. It is extremely important that any and all documentation regarding repairs be kept as service records, etc will be needed should the car prove to be a lemon.
* The car has to have been in the repair shop for a specific number of days, one again, for the same complaint. The lemon law for car for most states set this time period at 30 days.
* The reported defect must be considered serious in nature and it must have a detrimental effect on the safe operation of the car; such defects include brakes, transmission, engine, etc.
* The problem must be inherent, it cannot have been caused by abuse, neglect, collision or unauthorized modification.
If you have purchased a car and you believe it meets your states definition of a lemon then you have legal recourse, you may have:
* The right to a replacement car which is similar to the faulty one
* The right to demand that the manufacturer or dealer in some case repurchase the lemon car at the price you paid at the time, the repurchase price will include any costs you had such as taxes, registration fees as well as finance charges if the car was purchased with borrowed money.
In the event the manufacturer or dealer refuses to replace the car or repurchase it you have specific rights under the lemon laws of your state, this includes suing in court.
In most states it is mandatory that you attempt to resolve the problem first through arbitration, it is only if arbitration fails that you can hire an attorney and sue. To begin the process you need to detail the issues with the manufacturer and specify the solution you desire.
The lemon law for car in your state will specify exactly what you have to do to get satisfaction. If you encounter difficulties you are invited to contact Krohn & Moss Consumer Law Center. Visit YourLemonLawRights.com for more details.
