It seems that everyone has heard about a lemon car and you may even know someone who has had to deal with one. It may even have happened to you. For this reason, the government has enacted what is referred to as lemon laws in order to protect consumers from being saddled with defective products or from being the victims of fraud.

Through these laws, car buyers have a right to obtain a refund or another car in the case where the new car they had purchased exhibits serious mechanical problems or defects. The exchange for the new car does not happen until the car dealer or manufacturer has had an opportunity to repair the problem. If there is no solution, lemon laws go into effect.

What makes a car a lemon?

Most states’ laws define a lemon as a car that has a substantial defect. This defect must be covered by warranty and must become apparent within a certain time period after the purchase takes place. Also, the defect must still be present even after a reasonable number of attempts to repair it. Your lemon law attorney can help you understand your own state’s definition of what a substantial defect is as well as what constitutes a reasonable number of attempts.

What is considered a substantial defect?

For lemon laws to apply, the problem must not be one that was caused by the vehicle’s owner after the purchase. Also, the defect must be covered by the car’s warranty and be considerable enough to seriously interfere with the operation of the car. This means, for example, that the defect affects the operation of the brakes or the steering but is not a faulty windshield wiper.

Issues arise when the defect falls between the two extremes. Establishing what constitutes a substantial defect may be difficult to do. Once again, your lawyer’s help is essential in this case. But remember that the defect must be obvious within a certain period of time or number of miles.

What is considered a reasonable number of repairs?

It is important that the dealer have the opportunity to take care of the problem. This may not happen the first time a repair is performed but the dealer does have a right to attempt to repair it a reasonable number of times.

Depending on the defect, the general rule indicates that four attempts are a reasonable number. Although if the problem deals with safety, a single repair job may qualify as a reasonable number. If you find that your car ends up being in the dealership a certain number of days per year dealing with this same issue, you may have a lemon in your hands.

Is there protection for used car buyers?

Some states do have lemon laws that apply to used cars. Still, laws vary widely by state and while some only relate to items that would still be covered by the original warranty others apply only to cars that have only been sold once.

Lemon laws are extensive and complicated. Some apply to specific situations or to certain periods of time. And more differences occur when dealing with a new car or a used one. Read more about lemon laws at lemberglaw.com, you may decide that your best option is to contact a knowledgeable consumer attorney.