State Lemon Laws

By Stuart Simpson

If you are fortunate, you can purchase a brand new car. If your fortune takes a turn after you purchase the car and problems arise with the car, what can you do? Are you covered under the state lemon law? Can you just return the car? Will the dealer talk to you? What requirements must my car fit in to be called a "lemon"?

Do you have a lemon? You may not like something about the car, but that doesn't qualify it as a lemon. Now, if the brakes don't work or the car won't go into gear or it won't run over 30 mph, then you might have a lemon. But, you must give the manufacturer an opportunity to fix the problem. In most states, 10 different defects during the warranty period do not constitute that the car is a lemon. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem within 1 attempt. First rule: Keep up with all of your receipts and repair history.

State laws vary, but a rule of thumb is if the car problem can't be fixed with 4 tries or the car has been out of commission for more than 30 days during the first year or 12,000 miles.

Before you buy the car, you should have checked out the car's repair history. Did you check the VIN number on some popular websites to see if the car was in an accident?

The manufacturer doesn't have to replace or refund the car if the defects do not impair the use and value of the car or the condition of the car was due to customer's abuse, neglect, or unauthorized alterations. Be careful, as you can get yourself into a pickle.

A lawyer that is familiar with state lemon laws can help you determine a variety of problems like whether the car was damaged at the time of delivery. Was there fraud or deception in your financing paperwork? Were repairs attempted beforehand to cover up defects? Lawyers go through an extreme investigation on your vehicle to make sure how these items affected your value, safety, or use.

The lawyer will submit a detailed account to the manufacturer, usually after hiring an ASE certified mechanic to go over the car. Did you know that the auto repair shops use several work orders? They have one for you to look at, but they also have one for the technician. If the problems are too hard to fix, they may be told not to fix the car. Your lawyer will drag all of this out in front of the manufacturer or judge, if necessary.

In summary, you understand now that if your paint is peeling, then you don't have a lemon. If your brakes aren't working and the dealer can't fix them, then you may have a lemon.

Stuart Simpson [http://www.state-lemon-law.info]

Article Source: EzineArticles.com

Some Commonly Asked Questions Regarding the Lemon Law

By Sarah Ballentine

When your car breaks down, you might refer to it as a "lemon." However, there's a big difference between a car that occasionally behaves like a lemon and a car that meets the legal definition of your State's lemon law. Most people think that a car that has numerous problems while still under warranty is a legal lemon. However, the Lemon Law varies from state to state, and what qualifies as a lemon in one state might not qualify as a lemon in another. Also, many people do not know that there is a federal lemon law that has a more relaxed standard than the statute. To find out if you're driving a lemon, you should consult with a Lemon Law attorney or review the Lemon Law statutes for your state. However, if you simply want basic information regarding Lemon Law, the following is list of frequently asked questions that may help you out.

- Question 1: What is the legal definition of a lemon?

Each state has different legal criteria for establishing vehicles as lemons. However, a new vehicle that is repaired four or more times within the first year and still continues to suffer from the same defect generally achieves lemon status. In most states, the recurring problem must be something that significantly reduces the vehicle's use, market value or presents a safety hazard. There is also a federal lemon law which can provide compensation in many instances when a vehicle does not meet the definition of the state lemon law.

- Question 2: How do I know if I have a lemon?

Again, if your vehicle is under warranty and is repaired four or more times for a persistent problem that significantly reduces its use, market value or presents a safety hazard, you probably have a lemon. However, in some cases, a safety hazard that cannot be resolved with only one repair qualifies a car as a lemon. For conversation's sake, a car that breaks down or has a malfunctioning transmission would most likely qualify as a lemon due to decreased use, market value and even safety, while a car that failed to brake properly would qualify as a lemon due to a safety hazard and market value.

- Question 3: Do I need an Attorney if I have a lemon?

If the dealer is not being helpful and your calls or letters to the manufacturer are not being answered, you may want to avoid aggravating yourself further and wasting time. If you fail, you will have wasted precious time if you then have to hire an attorney. Hiring an attorney generally serves to expedite the compensation process.

- Question 4: Will I be compensated for attorney's fees?

By using a combination of the state and federal lemon law you can generally recover attorney's fees if your case is successful. However, you need to also pay attention to the type of Agreement you have with your attorney as that will govern how attorneys' fees are handled between you and the attorney. Also, make you should be aware that some states lemon laws require you to pay the manufacturer's attorney's fees under certain circumstances if your suit is unsuccessful.

- Question 5: Can leased cars, leased cars, motor homes and motorcycles be lemons?

By using a combination of the state and federal lemon law you can generally recover for leases cars as well as purchased cars. Some states also protect used cars, although under different statutes than apply to new cars. Most states cover the drive train of motor homes but not the dwelling portion of a motor home. Only a few states protect motorcycles. In the event that your vehicle isn't protected by state lemon law, you still have rights under the Uniform Commercial Code and the Magnuson-Moss Warranty Act, provided that your vehicle came with a written warranty.

- Question 6: How will I be compensated if I own a lemon car?

Under most state's laws you generally have the option of either receiving a new vehicle that is similar in price, expected performance and style to your current vehicle or receiving a full refund of your vehicle's purchase price, minus a mileage based allowance. In addition, you may also be reimbursed for various collateral costs in either case.

If you suspect that you're driving a [http://www.americanlemonlawcenter.com/]lemon car, it's essential that you consult the Lemon Law in your state to determine whether you car meets the legal definition of a lemon. However, even is there is doubt under the state statute, you should consult an attorney regarding the Uniform Commercial Code and the federal lemon law to see if you have any remedies available. In my research for writing this article about [http://www.americanlemonlawcenter.com/lemon_law_statute.php]lemon law state statutes, I found a great web site, AmericanLemonLawCenter.com that covered everything I needed to know and more.

Article Source: http://EzineArticles.com