Archive for the ‘State Lemon Laws’ Category
Your Vehicle Isn’t Covered by State Lemon Law: Do you Still Have a Case?
There are two types of lemon vehicles that are generally not covered by state lemon laws: vehicles that have exceeded a certain number of miles (e.g. 20,000 miles) and alternative vehicles such as motorcycles, ATVs and personal boats. Neither do most states have lemon laws that cover used vehicles. Under the state lemon law, vehicles must meet strict mileage based criteria before qualifying as lemons; that is, they must experience a certain number of repairs within a certain range of miles after their original delivery date. Some states also make a provision for lemon status based on how many days a new vehicle spends in the repair shop within a certain number of miles. But just because your vehicle’s type or mileage doesn’t bring it under state lemon doesn’t mean that you don’t have a case.
Unlike the state lemon law, the Federal Lemon Law applies to all personal vehicles that are still under the manufacturer’s warranty, including motorcycles, boats, ATVs and used cars. In other words, if you have a 5yr/100,000 mile warranty and your car experiences a significant defect that undergoes a series of unsuccessful repairs in year 4 at 95,000 miles, you may still have a lemon law case. In addition to the different qualifying criteria, the biggest difference between the state and Federal Lemon Law, from a consumer perspective, deals with awards. Under the state law, lemon car owners can opt to receive either a free replacement vehicle of similar make or a full refund of a lemon car’s purchase price minus a mileage based allowance. Under the Federal Law, owners receive a cash award but are not entitled to a buyback.
If You’re Dealing with a Lemon Car the Lemon Law is There to Help
A few years ago, a personal story was posted on the Internet about a man who purchased a car that was recalcitrant, to say the least. The more that he repaired it the more repairs that it seemed to need; and one day he had had enough. As he was driving through the countryside on his way home, his recently repaired car broke down yet again. What did he do? Call a tow truck? No. He retrieved a gas can from the vehicle’s trunk, doused its interior with gasoline, set it ablaze and then calmly walked home, happy to be rid of his lemon car.
Whether or not the story is true, anyone who has owned a lemon can identify with its protagonist. When we buy a new car, we expect it to perform like new, not beset us with repairs. But what the man in the story didn’t realize, or chose to ignore in his anger, was that there are laws that could have rectified his situation. Often referred to as “Lemon Laws”, these statutes hold automakers responsible when they sell you a new car that is “new” in name only.
The provisions of Lemon Law vary by state. But in each case, it establishes that consumers are either entitled to a new vehicle or are entitled to a refund of the lemon’s purchase price, less a mileage based allowance in some states. In the case of a refund, consumers are also reimbursed for such things as finance charges and licensing and registration fees. Normally, the choice is the consumer’s.
Purchasing a lemon is a new car owner’s worst nightmare. But if you find yourself broken down in the countryside with your lemon to blame, resist the instinct to light a match and contact an attorney instead. In the end, you’ll be rid of your lemon and have something to show for it too.
