Automobile Lemon Law


 

What is a lemon car?


A basic definition for a lemon would be a defective automobile that has been found to material defects that were not immediately noticeable before the car was bought. Speaking generally, if a car has been repaired for at least four times for the same fault and it becomes clear that the defect has not been fixed during the period of the warranty, then that car can be regarded as a lemon.

 

The warranty that is being talked about here is the dealership warranty, and it may or may not coincide with the manufacturer’s warranty. However, one is well advised to consult the state law to see if the particular car they have in mind qualifies as a lemon. Nearly all state laws on lemon automobiles have by and large incorporated the provisions of the Federal Magnuson-Moss Warranty Act which makes it unlawful for a vendor to breach warranties that goes with the merchandize.

 

Many, if not most states have their own warranty specific laws, and if the automobile is not included as a lemon in a state-wide definition, it does not mean that that person will be left without a remedy as the automobile may qualify to be defined as a lemon under Federal Magnuson-Moss Warranty Act.


There are defects that may are not included in most definitions of a lemon, and so not all defects qualify an automobile to be regarded as a lemon. For instance, if the complaint is that the paintwork is peeling off, or that the automobile produces creaking sounds but otherwise the car can be driven without too much fuss, then that automobile is not a lemon. If there are several unrelated defects during the period of warranty, it does not necessarily mean that the car is a lemon.

 

 If its something along the lines of; the automobile wont start in the morning, or that the doors just cannot be locked, or the automobile cruises at 60 miles when it should be doing 40, then in that case one may have a lemon. Several state lemon laws provide that presence of a single defect that can potentially cause a serious injury will make a car to be a lemon if the manufacturer is unable to fix the problem with one attempt.


On the other hand, an automobile might qualify to be a lemon but due to the owner being obstinate; that is, takes no steps to protect his rights as a consumer such as recording the repairs done and availing the manufacturer a chance to fix the problem, such a person may end up losing his rights under the state warranty legislation.


Typically, the word lemon is used to describe new automobiles, especially those that have defects in workmanship or mechanical faults that may not be detected by unprofessional hand. Factory errors may also suffice. But used automobiles may also be lemons as well, provided the warranty is still valid.

 

One form of used automobile lemon is where a body of another car is used to replace a body of a car that was removed after a collision. This type of lemon is called “cut and shut”. In some states, it is a violation of the law to sell such a car because of the inherent dangers it presents to the owner as well as other road users.


References

  1. http://en.wikipedia.org/wiki/Lemon_(automobile)
  2. http://www.carlemon.com/
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