This is the second time this week that you have had to push your car to the garage, and to think you bought it a couple of months earlier. I am sure that by now you know that you have been straddled with a lemon. Don’t worry your state has lemon laws that may offer you protection from this bad car purchase.
The lemon laws in general are meant to protect the customer against the purchase of a new or used defective car. The federal lemon law offers protection to all citizens across the country. Each of the states has their own version of lemon law, and they may or may not concur.
The lemon law normally protects the buyer of a new car. You may be eligible for its protection if the used car you bought is fairly new. In fact a lemon law may give you more rights than the warranties in the purchase contract. Under the federal lemon law the warrantor may be held responsible to pay your legal expenses if you win the case.
In case of a used car purchase you can be protected by the lemon law under two situations
– When a manufacture’s warranty subsists
* Any left over warranty from manufacturer at the time of purchase.
* If your vehicle was a “Certified” car from the manufacturer. ( around one year)
* An extended warranty backed by the manufacturer was purchased. ( typically five years)
These cases normally are protected by the federal lemon laws. They fall outside the state jurisdiction
– When there is no warranty from the manufacturer. In such a case you may be protected under the consumer protection laws, again out side the state laws.
* If it is a laundered lemon
* Previously wrecked or salvaged
* A tampered odometer
* Police car, taxi, rental car etc
* Stolen, stripped, rebuilt
* Concerned in flood
As soon as you realize that you are straddled with a lemon you need to contact the manufacturer and dealer. You should give them complete information in writing. In case you still have problems after the dealer has repaired your car, you may be entitled to ask the manufacturer to either replace the purchase or refund the cost of the purchase. In most cases be prepared to go in for a legal battle. You will need an experienced attorney who can represent you in the court.
The lemon law differs in each state, you will need to contact an experienced attorney in your state who will be able to guide you about the relevant lemon laws. He will be the right person to enlighten you about your privileges and what you are eligible for. In some states you are protected under the lemon laws only if you happen to use the car chiefly for personal use. In some states anything mechanical falls under the lemon law. It may include motorcycles, boats, computers and wheelchairs too.
In case you have had a bad car purchase. The lemon laws in your state may be offering you considerable protection.