Understanding Your Rights Under Lemon Laws

Owning a vehicle means navigating various duties and rights on and off the road, especially if you purchase a Lemon. Fortunately, consumers who have invested in a used or new defective unit are protected by the Lemon laws. These state and federal laws protect car owners, while holding manufacturers and dealers accountable for selling a lemon.

Lemon laws enable car owners to seek restitution (replacement or refund) from car dealers or manufacturers selling a damaged automobile beyond repair. In some states, the Lemon law extends to people who have purchased motorcycles. Before concluding that you’ve purchased a lemon, you must understand your rights under this law.

Criteria for a Motor Vehicle or Motorcycle to be Considered a Lemon

Every American state has its unique definition of a lemon, but the car must have a substantial defect that can impair its safety, value, and use. The defect must not have been caused by the car owner and occurred within a certain mile or time frame. In some states, the defect must have affected certain components, including safety features, such as the electrical system, brakes, transmission, and engine. Other criteria include the following:

• Repair attempts: This law requires the dealer or manufacturer to have made a certain number of repair attempts. The exact number of attempts can vary with jurisdiction, but it’s usually stipulated in the Lemon law’s regulations or statute.
• Duration of inoperability: Some state laws also consider the number of days your unit was out of service or inoperable.

Every jurisdiction has a deadline for filing a lemon claim, which in most cases is four years. You should contact the Lemon Law Group Partners and start your process. The scope of this law varies, with most states covering new vehicles that are under warranty, but there are a few states that cover a used car. Private sales of vehicles are rarely covered by this law.

Options for Resolutions

Generally, the consumer has a right to have their car repaired under warranty, with the dealer covering the repair costs. If unsuccessful, then you can file your claim and request for the following restitutions:

• Refund: If you have lost trust in the brand, you can ask for a refund of the lease or purchase price. This resolution includes the lease payments or purchase price minus the deductions for how long you used the car.
• Replacement: If you still trust the brand, you can request a replacement car with comparable specifications and value. The new vehicle should be defect-free and meet your expectations in terms of performance and quality.

In some states, the refund includes registration renewal and non-operational fees. However, you must have incurred these charges after the dealer breached its duty to provide a replacement car.

Endnote

Consumers of lemon cars can file a civil lawsuit against the car dealer or manufacturer to seek a replacement or compensation. The damages for these lawsuits include a refund of the repair costs, diminished car value, and other expenses that you have incurred. To ensure that you get the best legal representation, this law provides for recovery of the cash you may have spent while fighting for your rights. If the dealer fails to comply with Lemon Law duties, they’ll have to pay various statutory penalties.