In 1975 the US Federal Government passed the Magnuson-Moss Warranty Act. This act was introduced in an effort to combat misuse of warranties offered on commercial purchases. Although the act covers all forms of consumer products it is most often used to support the purchaser of a vehicle that has defects that simply cannot be repaired. What is commonly called “The lemon law for cars” is applicable in every state, although the law does vary somewhat from one state to another.
An overview of lemon laws for cars:
Every state has enacted laws that protect consumers that buy or lease new cars. These laws, known as lemon laws vary from one state to another but all follow somewhat general rules. Some states limit their lemon laws to new passenger vehicles while other states also extend cover to recreation vehicles and trucks and a few states, although not many, also provide limited protection under their lemon laws for used cars.
The typical lemon law:
Typically, the lemon law for cars in all states stipulates that the purchaser of a vehicle that has an un-repairable defect is entitled to recourse under certain circumstances:
* The car is out of service for a period of time and is still defective
* Attempts to repair the defect have been made a certain number of times and it remains problematic
* The car suffers a catastrophic defect such as brake failure
What qualifies as a defect?
Once again, the answer to this varies between states although the majority of state interpretations state that the defect must be substantial and it must impair the use, resale value or safety of the vehicle. The problem in most jurisdictions is trying to determine what a “substantial defect” is. Some are obvious, a car that will not start, one that suffers from engine or transmission failure etc are easy to support, while others are more difficult to pin point. In many cases the owner will hire a seasoned attorney to help him purse a case.
The lemon law for cars is not the same across the country, although there are some generalities. If you feel you have purchased a lemon you might want to consider seeking help from Lemon Law America attorney. You are invited to visit us for more information.
