The term "lemon" can refer to one of two things; first, the fruit lemon or, secondly, an object, gadget or device that doesn't work. In this article, "lemon" is a synonym of the word "'dud". Specifically, lemon is being used as a term to describe a purchased vehicle that needs excessive repair even though it is new. Lemon laws are laws that protect the right of consumers against these kinds of dud purchases. To qualify for protection, the following conditions apply:
1) The purchased vehicle must be less than a year old.
2) In case of warranty issues, the lemon law applies to within the warranty period. Some states apply the lemon law even when the warranty period has lapsed. Previous decisions by state courts are usually used as an indicator for this concern. If a ruling has already been made in a certain state, the whole state may follow the first ruling. The rights of consumers by virtue of Lemon laws may exceed the warranties given by the manufacturer.
3) The vehicle needs frequent identical repairs at least 4 times in the period of one year. The repairs should be major repairs that affect the operation, safety and value of the vehicle. For example, if the transmission or engine needs to be repaired four or more times in one year due to the same cause, the lemon law applies.
4) If the vehicle is down for more than 30 days in a year due to defect then it comes under the ambit of lemon laws. The 30 days need not be consecutive days.
5) The lemon laws cover only new vehicles and not used vehicles. The vehicle owners should note few points that help in proving the case in court.
6) A repair order should be obtained for every repair visit. The repair order should detail date, problem or diagnosis and attempted repair on the vehicle.
7) Purchase documents like contracts, warranties, bills etc should be preserved.
8) A lemon law notice should be served to the manufacturer for a refund or a replacement vehicle. The manufacturer should respond within 30 days. For normal wear and tear in the lemon vehicle there should be no deduction from the manufacturer.
9) Some states make it mandatory to use the manufacturer's arbitration program if available before suing them in court.
10) Utilize the services of an attorney as they are aware of the details of the laws. Many lawyers work on contingency basis, which means that you pay the lawyer if you win the case. Usually the courts award double the cost of the vehicle plus the cost of litigation if you win. Most such litigations are settled outside the court, so it is wise to hire a competent lawyer who can negotiate to your benefit.
As with most laws, Lemon laws vary from state to state, however the principle remains the same, which is protection of the consumer's interest.
This law will certainly help you if you happen to purchase a vehicle or any product that doesn't turn out properly. We can only thank the author(s) of this law for protecting the hard earned money of all consumers (and that means everybody) in the United States. |
