Sarah drove her brand-new car off the lot three months ago. She was excited about her purchase. But now, her car has been in the shop four times for the same engine problem. The dealership keeps saying they fixed it,but the issue comes back every few weeks.
Sound familiar? You're not alone.
Owning a defective car costs you time and money. It can also put your safety at risk. The good news is that lemon laws exist to protect you from these problems.
This guide will explain what these laws are and how they work. You'll learn how to take action if you bought a lemon. The information applies to new vehicles and sometimes used ones, depending on your state. Remember, timing and keeping good records are very important.
What is a lemon law?
A “lemon” is a car that has some kind of design or manufacturing defect, bad enough to negatively impact the car’s value and safety so badly that nobody is able to fix the issues. A lemon law is a rule that protects buyers from these kinds of defective vehicles. These laws help you get your money back or a replacement car when your vehicle has serious problems that can't be fixed.
Each state has its own auto lemon law. But they all share similar ideas. They want to make sure you don't get stuck with a car that doesn't work properly.
The federal government also helps protect you. The Magnuson-Moss Warranty Act works with state vehicle lemon law rules to give you more protection.
Gregory May, a LegalShield provider attorney with Dubail Judge, P.C.,has this helpful info to share:
“Many states, such as Missouri, incorporate the Informal Dispute Resolution Procedures under the Magnuson-Moss Warranty Act. If so, a consumer must first submit to the Informal Dispute Resolution Procedure before bringing a court action under the state’s lemon law.”
Bear in mind that this may only apply in certain states, socheck with your LegalShield provider law firm to see what your state allows or incorporates.
Lemon law rights and qualifications
For a lemon law to be applicable, your car must meet certain requirements. The car must still be under warranty and the defect must happen within a certain time or mileage limit. The problem with the car must affect the vehicle’s safety, value, or use. Additionally, you must have tried to fix the same problem multiple times.
The law defines "reasonable number" of repair attempts differently in each state. Usually, it's three or four tries for the same problem.
As Gregory May points out,
“Although most states do have an assumption on the number of repairs that are deemed ‘reasonable,’ such as three to four, the standard for what is deemed a ‘defect’ under the law is a more subjective standard of‘significant’ impairment.”
Lemon law qualifications
Here are common lemon law qualifications your car must meet:
- Still covered by the manufacturer's warranty
- Has a defect that makes the car unsafe or less valuable
- The same problem keeps coming back after repair attempts
- The dealer or manufacturer can't fix the problem
Each state may have unique rules. Some states are stricter than others about what qualifies.
Types of vehicles covered by lemon laws
Most vehicle lemon laws cover new cars under warranty. Some states also protect buyers of certain used cars.
These laws usually cover cars and trucks, motorcycles, RVs and motorhomes, and sometimes boats and other vehicles. Gregory May makes a good point: “If a state’s lemon law applies to RVs, motorhomes or boats, it is typically limited only to chassis, engine or powertrain. Also, most states exclude commercial vehicles and off-road vehicles.”
Lemon law for new vehicles
Lemon law for new vehicles typically covers brand-new cars for a set time or mileage limit. This coverage usually starts when you first buy the car. Typical defects that may qualify include recurring engine problems, brake failures, electrical issues that affect your safety, and problems with the transmission.
“Most states restrict their lemon laws to new vehicles,”says May. “This means it has not previously been registered or titled, sold or exchanged.”
How long is the lemon law good for
How long is the lemon law good for? This depends on your state's rules. Most states give you a limited time to file a claim.
Common time limits include:
- 18 months from delivery date
- 18,000 miles on the odometer
- During the warranty period
- Within a certain time after the warranty ends
The clock may start ticking from different points. It could be when you bought the car or when you first tried to get it fixed.
Don't wait too long to act. Missing the deadline means you lose your rights. According to May, “The deadlines for court filing under lemon laws are usually much shorter than the state’s general statute of limitations,and are often couched in terms of the ‘earlier’ of two or more timeframes. The tight deadlines make it important for consumers to consult with a lawyer early in the process of a potential claim.”
Steps to take if your car is a lemon
If you think you have a lemon, follow these steps:
Step 1: Keep detailed repair records. Write down dates, mileage, and what was wrong. Save all paperwork from the shop.
Step 2: Tell the manufacturer or dealer in writing about the problem. Send a letter or email explaining what's wrong.
Step 3: Give them one final chance to fix the defect if your state requires it. This is often called a "final repair opportunity."
Step 4: File a claim through your state's lemon law process. Many states have special programs to handle these cases.
Step 5: Consider getting help from a lawyer who knows about lemon laws. They can make your case stronger.
May points out that,
“Documenting all the repairs, dates of service, the time the car is out of service, and communication with the manufacturer or authorized repair facility is of the utmost importance. You cannot rely on the documentation that the manufacturer or the repair facility may or may not have.”
Can I sue if I was sold a lemon
Yes, you can sometimes sue if other options don't work. A lawsuit may get you a replacement car, your money back, or a cash settlement for your troubles.
A lawyer can help you understand if suing makes sense in your case. “In many states, such as Missouri,” says May, “the law allows you to recover incidental costs such as licensing, tax, title, and inspections along with court costs and attorney fees if the case is successful. However, it also allows the other side to recover their costs if you are not successful or do not recover more than the last offer they made to resolve the matter prior to filing suit. Therefore, it is very important to consult with and hire a lawyer prior to filing a lawsuit.”
Special rules like the 30-day lemon law
Some states have a 30-day lemon law. This rule typically applies to used cars that are out of service for 30 or more days during the warranty period.
This law helps protect buyers of used vehicles too. If your used car is broken down for a full month while under warranty, you may have lemon law protection.
Not all states have this rule. Check your state's specific laws to see what applies to you.
Tips for preparing for a lemon law case
You need to be prepared in order to get the best outcome in your vehicle lemon law case. Keep perfect records of everything. Be sure to get repairs done at authorized dealers when possible. Act quickly before deadlines pass, and don’t accept “no” as a final answer from dealers. Make sure you are following your state’s rules exactly – you can most correctly do this by consulting with a lawyer in your area to understand what you need to do.
Working with an experienced lawyer greatly improves your chances. They know the system and can fight for you.
Make sure you understand your state's specific lemon law qualifications. What works in one state may not work in another.
Know and use your lemon law rights
Car lemon laws exist to protect you from unsafe and unreliable vehicles. These laws give you real power when dealers and manufacturers won't make things right.
Don't let anyone tell you that you're stuck with a lemon.Lemon laws are on your side. Informed consumers are empowered consumers.
Get legal help with LegalShield
Consumer protection laws can be complex and confusing.That's where LegalShield comes in. LegalShield Members get access to experienced attorneys who understand consumer rights, including auto lemon law issues.
Whether you're dealing with a defective vehicle, warranty disputes, or other consumer protection matters, LegalShield provides the legalguidance you need. Members can get help with document review, legal advice, and representation when facing consumer-related legal challenges.
Don't let legal issues overwhelm you. Take control of your consumer rights today – reach out to an independent associate to learn how affordable legal protection can help you fight back against unfair business practices and protect your hard-earned money.
Gregory May lives in St. Louis, MO. His law practice areas include civil litigation,personal injury, real estate, landlord/tenant law, business litigation, and dissolution.
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