Automobile Lemon Law

 

What do you understand by “lemon law” in the United States?

 

We live in an age where deceit and contraband forms a big chunk of our everyday life.  People and corporations are continuously devising methods of making more and more money at the expense of the innocent and sometimes ignorant consumer.  This scenario plays itself out across many jurisdictions. 

 

This position also transcends the current economic divides, that is, the developed and emerging economies.  Although most of the dumping of sub-standard goods is concentrated in the less developed economies, power houses such as the United States continue to experience what legal experts have labeled trading in goods that are not merchantable.  Of concern to our present discussion will be the sale and purchase of automobiles. 

 

To regulate this industry, the United States government has come up with regulations that have been, in common parlance been referred to as lemon laws.  So what does lemon law mean?  Simply defined, lemon laws are statutes and regulations set by the government in order to protect automobile consumers.  An automobile that continues to be in need of repairs after purchase and which is also under warranty period may be referred to as a lemon. 

 

The particular legislation that was enacted to ensure that consumers are protected is known as the Lemon Law Act or the Magnuson Moss Act.


It is often asked, what is the extent of the application of the Lemon Law Act as far as automobiles are concerned?  Well, the extent of this law covers any type of vehicle including trucks, vans, Sports Utility Vehicles (SUV’s), motorcycles, boats, yachts and even computers.

 

Lemon laws basically mean that if any of the provided goods is found to be defective, the consumer is entitled to having his/her money refunded, the goods replaced or for a cash settlement with the seller.  For lemon laws to take effect, it is the practice that the car dealer or manufacturer will have attempted to repair the car at least three times and must have failed in his attempts. 


Used Vehicles and Lemon Laws


Second hand vehicles are also susceptible to these laws.  However, in such cases, the complainant must prove that there exists a valid warranty and that the alleged lemon meets all the set mileage and time requirements.  In this situation, consumers with a valid warranty will be entitles to a compensation for as long as the unexpired warranty subsists, the vehicle was “Certified” by the manufacturer and when the buyer purchased an Extended Warranty which is backed by the manufacturer.


If, on the other hand, these Warranties do not exist then you may be entitled to compensation for violations of consumer protection laws which will vary from state to state.

 

How to Lemon Law an automobile


There are certain conditions that must be met before any automobile purchaser can successfully pursue a lemon law suit.  They must demonstrate that the vehicle actually exhibits extra-ordinary defects which are covered by a manufacturer’s warranty and that the manufacturer has actually been briefed about the defects which he has made unsuccessful attempts to remedy.  It is procedural to notify, in writing, the manufacture about the defects.  Car lemon laws as found in the Magnuson Moss Warranty Act provides for explicit advertisements of all terms and conditions contained in the guarantees made by the manufacturer or seller


Lemon laws will vary from state to state.  It is therefore critical to consult attorneys who are familiar with the laws of the particular state that a potential complaint needs to be filed. 


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