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What Is the Lemon Law?
Q: I bought a car that keeps breaking down. What is the lemon law in my state? Do I need to hire a lemon law attorney?
A: There is a federal lemon law that applies to all states. This law protects consumers that buy unreliable cars and trucks. In some cases, you may wish to hire an attorney.
Lemon laws are for cars that repeatedly fail to meet standards of quality, safety, and performance. These cars are commonly referred to as lemons. The federal lemon law is called the Magnuson-Moss Warranty Act and covers all states.
Depending on where you live, you may also be covered by a state lemon law. These vary by state and do not always cover used or leased vehicles. For example, California lemon law offers unique protections to residents of that state.
Buying a car is not like buying other consumer products. Unlike a TV or microwave, you cannot return it to the store for a refund if you do not like it or if it has a problem.
In the old days, if bought a junk car, you were stuck. But these days, most car purchasers are protected by lemon laws. Now, all 50 states have some form of the lemon law.
The specifics of lemon laws may vary a bit from state to state, but in general, these laws define a lemon car as a vehicle that:
1. Has ongoing mechanical problems that affect the safety, use, or value of the vehicle, and
2. The ongoing mechanical problems have not been successfully repaired after a reasonable number of attempts, and/or
3. The vehicle has been out of service for a total of a certain number of days for repair of the problems.
Even if your vehicle is NOT under warranty, the vehicle can qualify under lemon laws if:
1. The vehicle has a history of mechanical problems known to the seller but not disclosed to you.
2. The vehicle was salvaged or wrecked.
3. The vehicle has a rolled back odometer. This is illegal.
4. The vehicle was a rental car, used police car, taxi, or similar.
5. The vehicle was stolen, stripped and then rebuilt.
6. The vehicle was involved in a flood.
If your vehicle qualifies as a lemon you can receive restitution from the party that sold you the vehicle.
This usually means that the manufacturer or seller is required to either replace the vehicle with one of comparable value, or refund the purchase price, along with taxes, registration and delivery fees.
Some states leave the option of replacement or refund to the manufacturer, but most give the option to the consumer.
Can I sue someone that sold me a lemon car?
Yes, it is possible, but you should be able to resolve the issue without going to court.
First, make sure that you keep copies of all the documents and receipts related to repairs on the vehicle. This documentation should show when and where it was repaired and what work was done.
Next, contact the manufacturer in writing and report the problems. Keep a copy of this communication.
Finally, get in touch with your state Attorney General office and find out exactly what type of protections are in place for you.
You may be asked to go through an arbitration process that allows both you and a representative of the manufacturer to discuss all of the issues to an impartial panel. This panel will then rule in favor of one of the parties. If the panel rules against you, remember that you still have the option of filing a lawsuit.
Also, keep in mind that there are attorneys that specialize in lemon laws. Depending how much money is involved and how much resistance you are getting from the manufacturer, you may want to hire an attorney to represent you during arbitration.
And later, if you are forced to file a lawsuit in court, you will definitely need a lawyer that specializes in automotive lemon laws. If you win the lawsuit, the losing party may have to pay your attorney fees.
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