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Do You Think Your Car Is A Lemon?

Each of the 50 states has lemon laws in place [and in the UK we have the Sale of Goods Act. ed.] to help protect consumers who have purchased faulty products, but those laws vary from state to state. There are also federal lemon laws such as the Magnuson-Moss Warranty Act and the Uniform Commercial Code that are similar to the state lemon laws, but which give consumers another avenue to pursue if their particular state's lemon laws do not cover a product the consumer feels is defective. [UK consumers are recommended to contact their local Citizens Advice Bureau for advice. ed.]

Although most people think the lemon laws only pertain to new and used vehicles, they do cover other products purchased, such as computers. The federal Magnuson-Moss Warranty Act protects the buyer of any product that costs more than $25 and that comes with an express written warranty.

Keep in mind though, that just because you think you may have a lemon doesn't mean your state's lemon laws will also consider your product a lemon. If that happens, check the federal lemon laws to see if your product qualifies as a lemon. If you're still not sure or if you want more help, consider checking with a lemon law attorney. Many lemon law attorneys will give you a no fee assessment of whether or not your product qualifies as a lemon and whether or not you have a case to pursue for repair or replacement.

There is typically a specific time period in which you have to make your claim about a product being a lemon. The time periods vary by state. Typically though, if you purchase or lease a vehicle that develops one or more defects within the first year of purchase, it's likely that vehicle would be covered by your state's lemon law regarding new vehicles. But, the defect or defects must be significant – something that severely affects the operation, safety or value of your vehicle and reasonable efforts must be made with the dealer and manufacturer to allow them to correct the problem. It's fairly standard though for a new vehicle to be covered under a state's lemon law if it was not in working order for 30 or more days in the first year of purchase or if it required repair of the same defect on more than four occasions within the first year of purchase.

If you encounter problems with a new purchase it's very important that you keep good records of the steps you took to try and get the problem fixed as well as keeping track of the dates of each conversation you have with the store, dealer, or manufacturer of the product you purchased. This includes keeping track of the specifics of each conversation whether it was in person or was over the phone. Do not tape record conversations though, unless you have been given express permission to do so because it is considered a crime in many areas. Instead keep notes written in your own words.

If you are pursuing repair of a defect on a vehicle, keep track of how many days the vehicle is out of service and unavailable for your use. Also keep copies of all the repair and service receipts making sure the problem with the vehicle is noted on the receipt and that it shows the correct dates the vehicle was in for service. One of the first things a lemon law attorney will ask you to provide is documentation of what the problem is and what steps you took to try and get it corrected. Good chronological records are vital to pursuing a successful claim.

Some manufacturers may ask you to participate in mediation rather than going to court over a defective product. Some states require mediation before suing under the lemon law if the process is certified by that state's Department of Transportation, but the consumer is not required to accept a settlement they feel is not satisfactory.

It does take a lot of time and patience to pursue a lemon law claim. Many people don't end up pursuing a lemon law claim because of the diligence required to see the claim through to resolution. If you feel you have a lemon law claim on an expensive item such as a new vehicle it is probably easier and quicker to hire a lemon law attorney to pursue your claim than to try and do it yourself. As stated earlier, most attorneys will not charge a fee for consultation and they will seek their attorney fees as part of the settlement. Attorney fees are usually awarded to the prevailing/winning party.

There are also consumer advocate groups that can be of help. The Better Business Bureau [UK: Citizens Advice Bureau] is a good source of information and can help you with your pursuit of a fair and just settlement of your claim. Your state's Attorney General Office is also a good source of information.

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