Many people are not familiar with lemon law or what it means for them as consumers. A lemon car is a vehicle that has been repeatedly brought in for repairs and has not been fixed after a certain number of attempts. If you have bought a lemon car, you may be wondering what your rights are.
Basically, what the lemon law means in California is that you will be protected when your vehicle has a defect that remains defective after a “reasonable” number of repair attempts. This applies to both new and used cars that are still under the manufacturer’s warranty.
Lemon Law is a term used to describe a law that protects consumers against defective or lemon cars. This law helps to ensure that consumers are able to get a refund or replacement vehicle if they have bought a lemon car. It also requires manufacturers to provide written warranties for all new cars.
Why is it called Lemon Law?
According to Cornell University, the term “lemon” was used by the British to refer to both fruits and to a product that is poor in quality. America started using this term in 1909 to refer to something worthless. When cars were first invented in the 1900s-1910s, there were quite a few uses for this word that are still present today; referring to something as defective or subpar quality (in both senses of those words), having a lower value than what you think is true based on how much time has passed since purchasing them – either
A lemon car is a car that was bought new, had some major problem or problems, and can’t be fixed after multiple attempts by the dealership or manufacturer. It doesn’t run properly, it’s dangerous to drive, and it’s not worth the money that was paid for it.
Lemon laws were created to protect consumers from these types of situations. In some cases, the lemon law will require the manufacturer to buy back the car from the consumer. In other cases, it may just require the manufacturer to provide a replacement car.
The lemon law varies from state to state, so it’s important to know what the lemon law is in your state.
What does the term “Lemon Law” mean?
Lemon Law is designed to protect consumers who have bought a lemon car. This law requires manufacturers to provide written warranties for all new cars, and it also entitles consumers to a refund or replacement vehicle if they have bought a lemon car.
How does Lemon Law work?
If you think you might have purchased a lemon car, the first step is to contact the manufacturer or your dealership. They will be able to tell you whether or not your car is covered under Lemon Law. If it is, they will work with you to resolve the issue. This may involve refunding your money, replacing your car, or fixing the car.
What are the requirements for Lemon Law?
Each state has different requirements for Lemon Law. In general, you must have made a reasonable number of attempts to repair the car, and the problem must substantially affect the use, value, or safety of the car.
If you think your car might be a lemon, it’s important to know your rights. Lemon Law can be complex, but an experienced attorney can help you understand your options and get the best possible outcome.
Do Lemon Laws Actually Help Car Buyers?
There’s no doubt that Lemon Laws are a powerful tool for car buyers. However, they don’t always work in the buyer’s favor.
In some cases, the manufacturer may refuse to refund or replace the car, or the car may be so damaged that it’s not worth repairing. However, Lemon Laws provide a safety net for consumers who have bought lemon cars.
Getting a Refund or Replacement for the original vehicle
The law requires that the manufacturer provide a written warranty for all new cars.
If the car has been brought in for repair multiple times and the problem still exists, the law says that you are entitled to a refund or replacement vehicle.
The manufacturer cannot force you to take a replacement car, and you are not required to sign any paperwork until you have had a chance to review it with an attorney.
How do I know if my car is a defective vehicle?
There are a few things you can look for to see if your car might be a lemon:
- The car has been in the shop for 30 days or more while within the manufacturer’s warranty
- The problem has not been able to be fixed after multiple attempts
- The problem substantially affects the use, value, or safety of the vehicle
Lemon laws cover new vehicles and used vehicles as well. A common misconception is that the lemon law is for only new vehicles. Others think it’s for consumer products as well. It actually covers any faulty defective motor vehicle and most states recognize this.
Is there a substantial defect? Were there a number of repair attempts made? Was the repair attempt documented? Make sure you have at least one opportunity to fix and repair the issue. This service is a consumer protection state law regardless if it’s a used car or a new one. Lemon law protection truly is to help the consumer, so use it to your advantage.
Things to consider in a potential lemon law case
Ask for the owner’s manual, research consumer reports, find out what the Better Business Bureau says about the dealership, analyze the time period between consumer reviews, and really do your due diligence.
Is there an express warranty and does it cover defects? What does your state lemon law say about any arbitration programs for new motor vehicles? used vehicle?
What is an arbitration program?
An arbitration program is a process where both the consumer and the manufacturer agree to have someone else hear the dispute and make a decision.
It’s important to note that not all states have these programs, and they are usually only for new cars. If you’re considering using arbitration, it’s important to understand how it works and what you can do about it.
Can I get my money back if I buy a lemon car?
Yes, you may be entitled to a refund or replacement car if you have bought a lemon car. Each state has different requirements for Lemon Law, but in general, you must have made a reasonable number of attempts to repair the car, and the problem must substantially affect the use, value, or safety of the car.
Lemon laws and substantial defects
A substantial defect is one that affects the car’s use, value, or safety and was not caused by its previous owner’s use of the vehicle after purchase.
The defect must be covered under an explicit guarantee in most states and affect a critical function or expectation of the vehicle. Because faulty steering or brakes endanger driver safety, they are substantial defects, whereas a small paint flaw is not.
But what about defects that fall somewhere in between faulty brakes and loose hinges, or radio knobs? The legal distinction between “substantial” and “minor” flaws isn’t always obvious, and it varies from state to state. No matter what state in which you reside, the defect must occur within a certain time period or a certain number of miles.
Contact an Experienced Lemon Law Attorney Today
If you think you might have a lemon car, it’s important to contact a local Lemon Law attorney who is familiar with lemon law cases. They should be versed in most state lemon laws, federal laws, and what specific lemon laws apply to your particular state’s laws.
They will be able to help you understand the full situation pertaining to your state’s car lemon law while helping you navigate other requirements.