If you have bought what you think might be a defective vehicle then you can thank Senator Magnusson and Representative Moss who co-sponsored a bill to protect consumers. The Magnusson-Moss Warranty Act is commonly known as the lemon law. Understanding a little about the lemon law can help you obtain your rightful compensation.
An overview:
Every state has its own version of the lemon law, although no two are exactly the same they have common characteristics. The various laws are all designed to protect the consumer, the laws define certain variables such as the number of times an attempt can be made to fix the same problem, the time limit on cover and they spell out the responsibilities of the manufacturer of the defective product in question. This may sound rather simple, the truth is these lemon laws are quite complex.
New car or used car?
Currently there are only a few states that have a lemon law that applies to the purchase of a used car; all states cover the purchase and/or lease of a new car. The issue is related to the warranty; all new cars are sold with a manufacturer’s warranty that covers the vehicle for a specified number of miles or months. In those states which have a used car lemon law, used cars that are sold with warranties may be covered by the law.
The variables:
The most common product protected by the states lemon laws are vehicles. There are a number of key variables even though they are somewhat different from state to another. The state statues look at the lemon law as three primary components:
* What vehicles are covered?
* The minimum number of attempts to repair the same problem or the number of days the vehicle was not available for use by the owner
* The length of time (cover period)
What recourse does a buyer have if the car is a lemon?
If, as a consumer you believe that you have purchased a lemon it is your responsibility to maintain accurate records of the efforts you have made to put the car right. All the repairs that you had made on the same complaint along with the time the car was off the road should be recorded. It is up to you to contact the vehicle manufacturer indicating the efforts you have made and the fact that you are going to make a lemon law claim. In many cases it is preferable to hire a lawyer to review your case.
The lemon law in the state where you purchased the vehicle is that law which is important, not necessarily the law of the state in which you live. For assistance with the lemon law and all its ramifications you are invited to contact Krohn & Moss, Consumer Law Center.
