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  Category: Articles » Miscellaneous » Article
 

What is the Lemon Law?




By Bridget B.

Lemon Laws were created to protect consumers from products
that are plagued with serious defects. If an item cannot be
satisfactorily repaired within a certain time, usually within the
warranty period, or if the item is not new after so many repairs, it
is considered a "lemon". Consumers who find themselves stuck
with lemons can find help through lemon laws. Each state has its
laws and requires consumers to take certain actions in order to
solve the situation.

There are different lemon laws that cover many products. For
example, if you purchase or lease a vehicle, which develops one or
more defects within the first year of purchase, that vehicle would
likely be covered by your State's lemon law regarding new
vehicles. The defect must be significant, and must be something
that severely affects the safety, operation, or value of your
vehicle.

Like most laws, lemon laws differ by State, so read local guidelines
carefully to find out what action you need to take to protect your
investment. A standard rule is that any vehicle that is not in
working order for 30 days or more, or any vehicle that has
required repair of the same defect on more than four occasions
within the first year of purchase, is covered by a lemon law.

Some manufacturers will attempt to convince you that you waived
your rights when you signed the purchase or lease contract,
because of a clause that was inserted into the agreement. Any
such clause or waiver is invalid, and lemon laws still apply in full
force.

The manufacturer may also try to tell you to engage in mediation
rather than going to court. You are not required to participate
unless the process complies with rules set out by the Federal
Trade Commission. In some states, you must use mediation before
suing under lemon laws, if the process is certified by that state's
Department of Transportation. Even then, you are not required to
accept any settlement that does not satisfy you.

As with most legal matters, it is wise to consult with a competent
attorney in your area that knows the details of the lemon law.
Many lemon law attorneys offer free consultations, and do not
charge a fee unless you win the case. They even ask for
attorney's fees from the manufacturer, and the fees are usually
granted to the prevailing party.

Essentially, Used Car Lemon Laws provide some legal recourse for
consumers who happen to buy a lemon of an auto. You are
guaranteed a written warranty that specifically states that a
dealer must repair any problems or defects in the car or reimburse
you for the cost of the repairs. If the car cannot be repaired, you
are entitled to a refund.

Lemon cars which are essentially cars that are covered by the
lemon law cannot be sold as is which does not imply a warranty.
Remember, a dealer who sells or leases you a used car must
provide you with a written warranty that specifies the terms or sell
the car as is which essentially means consumer beware. If the
vehicle is covered by a warranty, it must be given to you prior to
or at the signing of a sales contract or lease.
History of a Lemon

It isnt easy for a car to escape its past. To be able to establish the
fact that your car or truck is a lemon, you can research your car or
trucks history on the internet at CARFAX. By supplying your Vehicle
Identification Number (VIN), a vehicle report will indicate the
vehicles maintenance records for the particular vehicle.
Furthermore, it is important to keep copies of all vehicle repair
statements and invoices in the event that you need to provide
additional evidence that your car is indeed a lemon.

One way to prevent surprises such as these is to research a car or
truck you are interested in buying prior to making the purchase.
Researching the car or trucks VIN on CARFAX will indicate past
maintenance problems, title, registration, and odometer
information revealing your cars history.

 
 
About the Author
For more information please visit http://officiallemonlaw.info/

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