Lemon Laws how to
Time and time again, many people are confused and don't understand the Lemon Law from their state. Some states are very strict about what is considered a "lemon" and others are very loose with the terms.
Everyone thinks that the Lemon Laws apply to used cars as well as new, and this is not always the case. States often have a completely separate set of laws for used cars. But generally, Lemon Laws refer to new cars.
The purpose of a Lemon Law is to not only protect the consumer, but to allow a manufacturer the ability to rectify and fix any issues that the vehicle may have. Most of the time a manufacturer, at their expense, has three attempts to fix the issues. If after all attempts are expired, the manufacturer may either replace the vehicle with one of like kind and value or refund the purchase price. Payments, insurance and anything that you may have paid for the use of the vehicle are usually not refunded.
Used cars are very different when it comes to these laws. Usually when someone purchased a used car, they are purchasing it on the "as is" basis. When this comes into play, as long as there aren't other laws, once you leave the lot with the vehicle, nothing has to be done in your favor or in favor of fixing the vehicle.
Always make sure that you have reviewed and know the steps that you need to take when an issue arises. Knowing this will aid you in the event that you need to do something. You don't want an effort to get something fixed, that it not be counted for this purpose.
Lemon Laws cover different areas of the "well-being" of the vehicle and the owner. Each state may have different definitions and different criteria as to what is included with in this law. The main things that are covered are safety, drivability and resale value.
Safety is one of the biggest concerns that most might have. Anything that has to do with a state inspection is a valid complaint and there should be no hesitation to contact someone.Drivability is very important; after all you bought the vehicle with the presumption that you were going to be able to drive it. Anything from stalling to backfiring should be reported.
There is usually almost an easy fix to most things that could happen with a vehicle from the assembly line. You should never wait too long to get things fixed, or think that it will go away. Waiting can be costly and can sometimes cause other issues.
Resale value is important because once a vehicle is taken off the lot it shouldn't be worthless. Things such as rust popping up out of nowhere shouldn't be taken lightly. This could mean that there is something wrong with the way that the vehicle was painted and, though it may be considered cosmetic, shouldn't happen to a vehicle within a short amount of time owning it.
Most of the time, you don't even have to contact the manufacturer, the dealer that sold you the vehicle will handle everything for you. This is in your best interest because they are the ones that were responsible for making sure that the vehicle was worthy to be sold to begin with, it is their reputation that may be at stake, not the manufacturer.
Many people make the mistake of modifying their vehicle and when something goes wrong, it isn't covered under the Lemon Law. Modification of certain parts of vehicles may void the warranty and is very important that it is never done on a new vehicle while the warranty is still in place. If a modification is done, it should always be done by a repair facility that is acceptable to the manufacturer to do warranty work and repairs to their vehicles, such as the dealership in which it was purchased.
Using a vehicle for commercial purposes may also void parts of the warranty; this is why there are limits on warranties for such things as mileage. Excessive mileage will often signal that the vehicle may have been misused or mistreated. Any time a vehicle has been "man-handled" it will not be covered. Make sure you review your warranty to make sure that you completely understand what is not considered acceptable use.
Documentation is important. Never bring your car into be repair for an item that is covered under the Lemon Law, or for any reason for that matter, without documenting the reason it was brought in, mileage, dates and time, or anything that may be of any importance. When you pick of the vehicle after it has been serviced, make sure that you receive something from the repair facility that states what was found and what was done to fix it. This will help you if you ever need to go beyond the dealer to make a formal complaint.
The Better Business Bureau has their own, separate department that handles these Lemon Laws. Some manufacturers have their own set up to handle these cases. It is very important that if something happens to the vehicle where you think that it may fall under the Lemon Laws that you reviews the laws specific for you state to make sure it does fall under it before you make a complaint. However, if there is ever a question on whether or not it does qualify under the law, you should contact one of these departments to discuss the issues.
Manufacturers are usually very good at handling these complaints and try to make good by their product. They know that if they don't, that any damages that may be a result of their inability to perform may result in a lawsuit and will make every effort to prevent that from happening.
If you just bought a new car, or plan on it, make sure that you review the laws for your state so you are left in the dark in the event that something does happen.
