An Overview of Lemon Laws in the us
In a civilized society laws are enacted to perpetuate order, they govern our actions and the actions of others to ensure our rights are not compromised. The Federal US Lemon Law is an act that demonstrates that consumers and manufacturers alike must also ensure that their rights are not breached when going into a contractual agreement like a vehicle purchase. Basically the Lemon Law enforces that consumers are not burdened after purchasing a vehicle that is deemed to be defective beyond the confines of normal repair. Repetitive maintenance, vehicles deemed unsafe to drive, or defects that breach the warranty are all subject to the terms within the Federal Lemon Law.
In the United States the Lemon Law is a federally shared law despite that many of the set rules and regulations vary from state to state, such as some exclude used or leased vehicles. The actual nickname "Lemon Law" actually stems from a federal statute called the Magnuson-Moss Warranty Act, which was enacted in 1975. The Act itself is not restricted to the confines of vehicle purchases, but instead it protects consumers against any form of breach of warranty on consumer products.
The Magnuson-Moss Warranty Act, states that any warranty obtained must have full disclosure to all information that holds any form of criteria within. More information pertaining this Act can be obtained easily online by visiting the website. y.shtm
WHEN IS MY VEHICLE DEEMED A LEMON?
Typically a vehicle that is demonstrating physical or mechanical defects could be constituted as a "lemon', however to qualify for a lemon claim a consumer must prove that a vehicle is either unsafe or beyond repairing to return it to the same quality or performance as stated within the warranty.
True lemon claims must exhibit repeated mechanical or performance problems that are not resolved within a timely fashion. Issues that involve safety concerns such as braking or steering systems can automatically qualify for a lemon claim, but there has to be enough evidence to prove that the manufacturer or dealer could not fully correct the problem.
WHAT ABOUT USED CARS?
The Lemon law pertaining to a vehicle that was purchased as used varies from State to State, and it can be more difficult to prove when filing for a claim. Claims may entitle a consumer to either full cash refund or partial dependent upon the nature of the claim being made.Many vehicles purchased used either privately or through a dealer may still have a remaining warranty. If a failure or breach of this warranty occurs within the stated criteria a lemon claim can still be filed, which could entitle the consumer to a full refund of the monies paid for the vehicle.
Another situation where a lemon claim could be filed for a full reimbursement would be when a vehicle is sold with as "Certified", meaning the vehicle is required to meet specific safety and mechanical standards within a given period. Extended warranties are also fully eligible if your vehicle is proven to be a lemon.
If a vehicle has been purchased where the balance of the warranty has expired there are still a few situations that could qualify under the umbrella of the "lemon law"!
Vehicles purchased either privately or through a dealer must have full disclosure to specific items that could impair a consumer's willingness to purchase the vehicle. Previously laundered vehicles or multiple mechanical deficiencies must not be excluded if the seller is aware of the prior history.
Vehicles involved in a collision or have been salvaged for resell also can't be sold as "certified", or without full disclosure. A specific scenario involves mileage fraud can be a concrete case, where a seller has fraudulently rolled back an odometer to increase the value of sale.
Lastly, a consumer can also file a lemon claim if they purchased a vehicle without disclosure that it was used for fleet, taxi service, or in any manner that would be considered to deem the vehicle as used for service.
Basically, just about everything from being stolen to an insurance flood damage right off, must change the vehicle status to "as is" condition and must be fully disclosed to the consumer.
BUYERS BEWARE!
As consumers it is important that we properly arm ourselves with the knowledge regarding our rights anytime when purchasing a vehicle. Unfortunately not all sellers are on the level, and it typically is up to us to ensure that a deal is as good as it seems to be. Consumers should always use extreme caution when considering a seller that has no prior history or isn't an established business, and "as is" vehicles being sold should be checked out prior to completing a sale. If a seller is refusing to allow you the ability to get a second opinion it may be in your best interest to walk away.
Another tip from someone that knows someone that has felt the pang of buying a lemon. Document everything, push for timely recourse, because it is typical for a manufacturer or dealer to attempt to stave off the issue just long enough that the warranty no longer protects the consumer under the blanket of the lemon law. Stalling can be one of many dirty tactics used to try to avoid paying out a lemon claim, so don't become intimidated and take charge before it is too late. In the event you feel a lemon claim may be made contact the Better Business Bureau, or legal advice to ensure your best chances to file a legitimate claim.
The Lemon Laws are in place to protect consumers, but it is still up to us to read the fine print and not jump in headfirst. Making a vehicle purchase is typically a large endeavor and it warrants the respect it deserves. If not you might be crying in your Lemonade, instead of being eligible for a valid Lemon Law claim.
