What Is a Lemon Law and Does It Apply to My Car?
March 9, 2011 by Maurina
It’s every car buyer’s nightmare: the lemon. Whether it’s a fluke or a scam, getting stuck with a useless heap of scrap metal or a money pit of repairs doesn’t have to be your fate. Federal and state consumer protection laws have been enacted to give car buyers peace of mind. The federal lemon law, also called the Magnuson-Moss Warranty Act, gives consumers the right to refund or replacement for their lemon across the United States. Each state also has its own various lemon laws.
What is a Lemon?
The definition of a lemon is consistent across most states. If you can answer yes to any of these questions, you could have a lemon on your hands.
- Has your car been in the shop for 30 days or more during the first year or 18,000 miles?
- Have three or more attempts been made to repair the same issue without success?
- Has your vehicle required eight or more repairs to fix issues that impair use or safety?
- Have you tried unsuccessfully to repair an issue that could cause death or serious injury?
Do I Qualify?
Typically, state lemon laws only cover new vehicles for the first few years after purchase. Used cars are covered in some states, like Maine and Louisiana, and under the national Magnuson-Moss Warranty Act. Most of these laws cover a specific time frame, usually the warranty period and a year or two beyond. If you believe that your car could be considered a lemon, you should check your local lemon laws to determine your specific consumer rights.
How Does It Work?
In most situations you will need to hire a lawyer and file a claim against the manufacturer of your vehicle, rather than the dealer. Some states use an arbitration board to resolve these kinds of disputes, in which case a lawyer will not be necessary unless you’re unsatisfied with the board’s decision. You can always challenge the findings of an arbitration board in a court of law.
How Can I Avoid Buying a Lemon?
The best way to ensure that your consumer rights are respected is to approach the sale cautiously from the beginning. Check the vehicle’s history to see if it has been repurchased by the manufacturer (often called a lemon buyback) and be certain to get all promises in writing.
Category: Buying Cars
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One Response to “What Is a Lemon Law and Does It Apply to My Car?”
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