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Lemon Laws are United States state laws that are designed to help people who have bought a car that fails to meet acceptable standards of quality and performance. These substandard cars are referred to as lemons.

Is your car a lemon? Do you need to know about lemon law? These articles offer you a simple guide to lemon law, lemon spotting and what to do if you have bought a lemon.

Is Your Car a Lemon?
Steven Chabotte

There are very few things more satisfying than buying a new car. There is great pride of ownership and a feeling of accomplishment and pride as you drive around town in your new vehicle. For most
of us, that new car excitement lasts until we must make our first payment or until we get our first parking lot ding. For an unlucky few, they wish these were the only negatives that they had to worry about.

These unlucky few are the people who find themselves with an automobile that will, after much frustration and exhaustion on the part of the owner, be classified on a lemon.

So just what is a lemon car?

After all, we've all had the occasional breakdown of some part of our car. And no matter when it happens, it is extremely inconvenient (and often quite expensive.) When does "regular wear and tear" flow into the realm of having a true lemon.

Typically a lemon is a new vehicle (or in some states a used vehicle under certain circumstances) that has had a large number of repair attempts on a single defect or an overall large number of repair attempts overall. It can also include just a single repair attempt on a portion of the car where failure could be a life threatening situation. Each state has their own lemon law warranty act and each of them defines what will make a vehicle a lemon.

For instance, in California, a lemon automobile can be summarized as follows:

Typically a lemon is a new vehicle (or in some states a used vehicle under certain circumstances) that has had a large number of repair attempts on a single defect or an overall large number of repair attempts overall. It can also include just a single repair attempt on a portion of the car where failure could be a life threatening situation. Each state has their own lemon law warranty act and each of them defines what will make a vehicle a lemon. For instance, in California, a lemon automobile can be summarized as follows:

Vehicles Covered by California Lemon Law - California lemon law covers any new motor vehicle used primarily for family, personal or household purposes. It also includes the chassis portion of motor homes.

Repair Interval / Coverage Period Details - To be considered a lemon law vehicle in California , the vehicle must either be out of service for 30 calendar days or have 2 repair attempt for a defect that could cause death or a serious injury or have 4 repairs for the same defect. The coverage period is for 18 months or 18,000 miles, whichever occurs first.

(Lemon law summaries and the statutes for all 50 states and Washington DC can be found at the Lemon Law Resources website at http://www.lemonlawresources.com.)

If you believe your car is a lemon, it is very important that you have proper records to show this. That means that each time you go to your service center, it is very important that they record exactly what you believe the problem is in the car and specify what they did to try to solve the problem. You need to do this for two reasons. First, you will need these records when making a claim for restitution. Second, for these "mystery" problems, dealers will try many different things and it may not be clear to
an adjuster that they were all related unless you ensure this is the case on the receipts.

Once your car has passed the state hurdle to be classified to become a lemon, you must take actions to get restitution. Each state has a different procedure you must follow. Some states require that you send a letter to the manufacturer to give them one last chance to repair the defect. Other states have
arbitration panels you must deal with to get restitution.

No matter what method the state has in place for you to seek restitution, you always have the option of working with an attorney if you do not feel the issue was solved to your satisfaction. You should consider an attorney as a last resort as not all states allow you to be reimbursed for your legal fees if
you win. (And of course if you lose, you would not get reimbursed.) So as frustrating as this situation may be, it is best to persue all state sponsored remedies before seeking legal help.

What happens if you win?

If your vehicle is determined to be a lemon under your state's law, you are entitled to a refund or a comparable replacement vehicle. A comparable vehicle most be identical or a reasonable equivalent of your current vehicle. A refund will include your purchase price, taxes and any other options installed in the vehicle minus a usage fee based on how much you used the car. The terms will very a bit from state to state but this is generally what you can expect.

What happens to the car after the manufacturer takes it back?

The manufacturer will generally recondition it and put it back for sale within its network. Depending on the state where the problem occurred, the title may or may not be stamped with a phrase like "Lemon Law Buyback" when it is returned to that state for resale. However, not all states require this and if the car was transferred from one state to another, the information may not follow on the title issued from the new state.

Used car buyer beware!

While lemon cars are only a very small percentage of the used cars that are sold, this issue with titles not always conveying the true history of the car, it shows the importance of doing research on any used car purchase. If you are buying a used car from a dealer, you should insist on a Carfax lemon check report and if you are buying from an individual, you should do one yourself at carfax.com. It is a very reasonable price to pay to be sure your car has no hidden defects.


Steven Chabotte is a freelance writer that writes for Lemon Law Resources http://www.lemonlawresources.com and My Attorney Finder
http://www.myattorneyfinder.com.

Auto Lemon Laws – Do you need a lawyer?
Charles Essmeier

Buying a new automobile is usually a bid decision for most people, and it involves a lot of time, research and most of all, money. If you are going to be paying for something for five years
or more, you will generally take your time, do your research, and make sure that you are spending your money wisely on a vehicle that will last for years. Unfortunately, some new cars, like all
manufactured products, do not perform as they should and are defective in some way. For reasons lost to antiquity, defective cars are known as “lemons.”

California became the first state to enact legislation that provided recourse to purchasers of defective vehicles in 1982; since then, every state has enacted similar legislation. Consumers all over the country may now seek either a replacement vehicle or a refund should they find themselves the owner of a defective automobile. Even though legislation exists to protect you if you should find yourself the owner of a lemon, most people are not familiar with their state’s lemon law. Is it necessary to file a lawsuit? Do you need a lawyer? Can you go through the process yourself?

While lemon laws vary from state to state, you can generally file a lemon law claim yourself. The process usually involves writing letters to the manufacturer that state your problem and filing a
claim with your state’s Attorney General’s office. You must also submit your vehicle for repair of the problem; each state requires that the manufacturer have a “reasonable” opportunity to
repair your vehicle. The next step is probably arbitration, in which you and the manufacturer present your respective arguments to an arbitration panel that will rule in favor of either you ore
the manufacturer. In many states, arbitration is mandatory; in others, you may opt out.

While you may represent yourself during the arbitration process, you may feel more comfortable hiring an attorney. There are many attorneys who specialize in lemon law cases, and they may be able
to expedite the process. The presence of an attorney may also make you feel more comfortable if you have little or no experience with this sort of procedure. If the of the arbitration panel does not rule in your favor, or if your state allows you to opt out of arbitration by choice, you may elect to sue the
manufacturer yourself. This is often a last resort, as arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims. Should you decide to sue, an attorney will almost certainly be necessary. Many states will allow you to collect attorney fees in a lemon law-related lawsuit.

Should you find yourself the owner of a defective automobile, you can certainly file a lemon law claim yourself, but many people will find that the process goes more smoothly with the aid of an attorney who is experienced in lemon law cases. If you think your car is a lemon and you might need to file a claim under your state’s Lemon Law, you should first check with your state’s Website, or contact your state’s Attorney General’s office.

©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites, including
LemonLawHelp.net, a site devoted to automobile lemon laws and End-Your-Debt.com, a Website devoted to information about debt consolidation and credit counseling.

Auto Lemon – Can Your State's Lemon Law Help You?
Charles Essmeier

Buying a car is not like buying a radio; you cannot return it to the store for a refund if you do not like it, or if it has a manufacturing defect. In fact, for many years, if you purchased an automobile that came from the factory with defects, you were just stuck. You could try to get the dealer to repair the problem, but if the problem continued and the dealer could not repair it, you were out of luck.

In 1982, the luck of owners of so-called “lemons” changed for the better, as California and Connecticut passed the nation’s first “lemon laws.”

These laws, spawned by consumers who had waged tireless battles against major auto companies, allowed owners of defective automobiles to seek compensation or replacement with the help of
their respective states. These laws swept like wildfire throughout the country, and now all 50 states have some form of the lemon law.

The specifics of the lemon laws will vary from state to state, but in general, they define a “lemon” as a vehicle that: Has a “nonconformity” that affects the safety, use, or value of the vehicle, and The nonconformity has not been successfully repaired after a “reasonable” number of attempts, and/or
The vehicle has been out of service for a total of a certain number of days for repair of the nonconformity.

The length of the warranty period also varies; coverage typically runs anywhere from one year or 12,000 miles to two years or 24,000 miles. As previously stated, the specifics vary from state
to state, particularly the number of repair attempts that constitute “reasonable” and the number of days that the vehicle must be out of service in order to qualify. In some states, repairs that affect the brakes or other safety equipment need only one repair attempt to qualify as “reasonable.”

Restitution is fairly consistent from state to state; it usually requires the manufacturer to either replace the vehicle with one of comparable value, or refund the purchase price, along with taxes, registration and delivery fees. Some states leave the option of replacement or refund to the manufacturer, but most give the option to the consumer.

What should you do if you think you have a lemon? You should: Make sure that you document everything relating to repairs of the vehicle, including when and where it was repaired, who signed the
work order and what work was done. You should contact the manufacturer in writing, alerting them to
the nature of the problem. You should consult with your state’s Attorney General’s office to
learn how your state’s law affects you directly. You may have to go through an arbitration process; this involves both you and a representative of the manufacturer explaining your respective situations to a panel that will then provide a ruling. The arbitration ruling is usually binding on the manufacturer;
they will have no recourse should the panel rule in your favor. Generally, if you don’t agree with the panel’s ruling, you still have the option of filing a lawsuit in court.

You may wish to hire an attorney to represent you; there are plenty of lawyers who specialize in lemon law cases, and they can probably bring the case to a solution more quickly than if you handle the case yourself. Be sure to contact your state’s Attorney General’s office regarding the specifics of your own state’s lemon law. You don’t want to miss a deadline, or you could be stuck with your lemon for a long time.

Charles Essmeier may be contacted at http://www.end-your-debt.com. Click here to view more of their articles. Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites on topics such as Debt Consolidation, Home Equity Loans, and automobile Lemon Laws.

Other Lemon Law resources

US lemon law state by state

Better Business Bureau Lemon Law program

Wisconsin's lemon law - Wisconsin Department of Transportation

Utah's lemon law - State of Utah

California's lemon law - State of California

South Carolina's lemon law - State of South Carolina

Indiana's lemon law - Indiana Attorney General

Lemon Law state by state

Lemon Law state by state

Other US legal information

http://www.refdesk.com/factlaw.html

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