Lemon Law
"Lemon law" generally refers to a group of laws designed to protect new car buyers from defects that substantially affect the use, safety, or value of their new vehicle. A new car may be deemed a "lemon" when it has recurring problems because of defects, which repeated attempts at repair cannot fix. New cars with multiple defects but none that are recurring are not covered by lemon law. It is important to note that lemon law requires repair attempts to occur within a specific period determined by statute. The warranty period defined by statute differs from the manufacturer's warranty.
Because such irreparable auto defects stem from the manufacturing process, lemon laws enable consumers to make a legal claim against the automobile manufacturer - not the new car dealer. Lemon laws are determined individually by state. Most states require three or four attempts at repair before lemon laws apply. However, a major problem that cannot be fixed after the first attempt may also activate a state's lemon law.
Depending on the state and the type of claim, lemon law may require the manufacturer to repurchase the defective vehicle (potentially with an additional payment to cover funds invested in repairs and mileage) or provide a replacement vehicle.
Filing A Claim Under Lemon Law
The process for filing a lemon law claim is defined by state. Lemon laws usually only apply to new vehicles - not motorcycles, used cars, or leased vehicles. Some states have exceptions though. Also, most states allow consumers to file a claim without an attorney. There are cases, however, that require the legal assistance of a lawyer. If the claim is successful, the state may award attorney fees. If not, the vehicle owner may have to pay for the manufacturer's legal fees.
If you are considering filing a lemon law claim, it may be wise to consult with a consumer fraud attorney who can help you understand the law in your state. You should also make sure to document all of your repairs. Please contact us to speak with a qualified attorney who can determine if you can obtain compensation for your damages.
Visit the Better Business Bureau's lemon law website to learn more about lemon laws and information on vehicle manufacturers. If you have other concerns about defects with your vehicle, you may wish to check the National Highway Traffic Safety Administration website for recall information.
