Lemon Laws Protection for Consumers
First, what is a lemon? Is there a legal definition to determine whether or not the car you purchased falls into the lemon category? Actually, each state has its own specific definitions. What are lemon laws? Each state also has its own version of lemon laws that offer various levels of protection, but the universal rule in regard to new cars, covers those cars that have serious or irreparable defects within the first year of lease or purchase.
Defects must be considerable problems, usually those that significantly affect the value, resale, or the safe operation of your car. In most areas, this means that if your car is not working properly for over 30 days, or you have had the same problem repaired four or more times within the first year of lease or purchase, the car should be covered by your state’s lemon laws.
It’s not quite that simple, however, and there are things you need to do to activate the lemon laws. First, you will need to check your state code, learn your rights, and find out what your responsibilities are as a consumer. The Better Business Bureau has a website that offers state specific information. Also, beware of waivers or clauses hidden in contracts that you may have signed. The manufacturer may try to claim that you waived your rights under the lemon laws of your state, but such waivers and clauses usually have no affect.
You might also want to consider reporting safety defects to the National Highway Traffic Safety Administration. In some cases, such reports lead to safety recalls on other vehicles like yours.
If you can’t work things out with the car dealer, you may be required to engage in mediation. Find out if it is mandatory in your area. In certain states, you have no choice if the rules of mediation comply with the Federal Trade Commission’s guidelines or those of the state Department of Transportation. While you do have to attend mediation before you will have standing to sue the manufacturer, you do not have to accept any settlement offers.
If you do decide to accept an offer, make sure you get all the details in writing. Read it over carefully and fully, and don’t be shy about having an attorney look it over before signing it. If you want any changes made, make sure they are clearly and fully addressed before signing anything.
Since no one can offer legal advice accept for an attorney, licensed to practice in your state, it is a good idea to consult with one that specializes in lemon laws. The court may even award you attorney’s fees if you win the case, so be sure to ask your lawyer about it. You should be able to find a competent lemon law attorney without much trouble, and many even offer free initial consultations.
Lemon laws were put into effect to protect the consumer, so it pays to find out what your options are instead of resigning yourself to being stuck with a lemon.