There Is Recourse Under The Auto Lemon Law

by | Apr 6, 2016 | Attorneys

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When people hear “one percent” they don’t really think of this as a big number, but one percent of the new cars sold in the US in a year equates to 150,000 units. This is the number of cars sold every year in the country that are lemons. A lemon is a vehicle that that as one or more problems that cannot be fixed even when the vehicle is taken into the dealer time after time. The good thing is; every state has enacted an auto lemon law to protect those who end up with one of these defective vehicles.

How does a car qualify as a lemon?

The lemon laws are slightly different from one state to another but in general, for the vehicle to qualify it must:

   * Have a “substantial” defect, the defect must be covered by the warranty and the defect must have shown up within a certain number of days or miles from the date of purchase.
   * The defect must be such that it cannot be repaired after a “reasonable” number of attempts.

There are two key words; substantial and reasonable, what do they really mean?

Substantial defect: This is defined as a defect covered by the vehicle express warranty that has a negative impact on the value of the car and impairs its use and safety.

There is a fine line between what is thought to be a minor defect and a substantial one. There are no issues when the defect is in the braking or steering systems for example, the problem lays with such things a defective finish.

Reasonable number of attempts at repair: As the owner you are obliged to let the manufacturer or the authorized dealer make a reasonable number of attempts to repair the substantial defect prior to declaring the car a lemon. The common standards that must be met before you can ask for protection under your states auto lemon law are:

   * If the defect is serious, perhaps a brake or steering failure, the manufacturer must repair it on the first try.
   * If the defect does not affect the safety of the occupants, it must remain defective after the manufacturer has been given a number of attempts as specified in the state law; usually three or four.
   * If the car is off the road and in for repair for a specified number of days (normally 30 cumulative) for the same defect it may qualify.

The auto lemon law for most states provides the aggrieved owner recourse; the owner can get a refund or a replacement vehicle.

If you have purchased a new car and you have reason to believe it may classify as a lemon under your states auto lemon law, you are invited to confirm your lemon law rights by visiting

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