Lemon Law Basics

It is estimated that 1% of all new cars driven off the lot turn out to be lemons. That amounts to around 150,000 cars annually. When a car has unfixable problems, it is usually considered a "lemon," and there are laws in every state that protect consumers against these types of problems. If your car qualifies as a lemon, then you are entitled to a refund or a replacement vehicle.

In most states, lemon laws apply only to new vehicles purchased less than two years previously and driven less than 24,000 miles. Those numbers differ from state to state, but this is a reasonable estimate. In order to qualify as a lemon, a car must not have been abused, and inadequate parts must not have been installed (except by the dealership under which the warranty is written). The car must have an obvious and substantial defect that prevents its normal use, and it must be deemed unfixable after a specific number of repair attempts.

Depending on the state, different defects are used as guidelines for "significant problems". In some cases, a faulty paint job might qualify a car as a lemon, while in other instances the problem must be mechanical in nature.

There are three basic reasons why a car might be considered a lemon:

1. There is a serious safety defect with the car that could not be fixed after one repair attempt.

2. There is a non-safety related defect that could not be fixed after 3-4 repair attempts.

3. The car has been in the shop for the same repair for more than thirty days out of a year, which yielded no results.

Again these numbers vary by state, but the laws are fairly similar. In some cases, an extraneous problem will occur that does not fall under one of these guidelines, and the car will still be considered a lemon. Refer to your particular state laws for accurate definitions of a lemon.

If, under the requirements of your state, you find that your car qualifies as a lemon, you have a right to seek a refund for the vehicle or a replacement car, whichever is preferrable. First, you are required to contact the manufacturer of the vehicle and explain the defect. If necessary, offer to fax the reports you have been given by anyone who has provided maintenance for your car, as well as the dates on which you have had the car looked at by a certified mechanic. At that point, the manufacturer will either grant your refund or replacement, or will challenge the dispute.

Sometimes, a manufacturer will offer an unsatisfactory settlement for your lemon car. For example, they might offer to refund 75% of the purchase price, but not the full amount. If you wish, you can take the manufacturer to court, or in some states, you will be required to attend arbitration to settle the dispute. If the arbitrator finds that the car is a lemon, then you will be entitled to a full refund for the car.

Be careful when agreeing to arbitration, however, because manufacturers of lemon cars will try to get you to deal with their in-house arbitrator, whose opinion will inevitably lean toward the manufacturer. Instead, request that the arbitration be initiated by a state-appointed consumer advocate who will be more objective in his or her decision.

When suing in court for a lemon law violation or when attending arbitration, be sure to come prepared. Lack of proper documentation can result in a loss that might otherwise have been won. Bring the original advertisement for the car (with specifications); any service records that show when the car was examined by a certified mechanic; records of telephone or person-to-person conversations with the manufacturer (or dealer); written correspondence between yourself and the manufacturer (or the dealer); and and any phone records that show when you placed calls to the manufacturer.

Lemon law

Lemon laws are United States state laws that remedies to consumers for automobiles that repeatedly fail to meet certain standards of quality and performance. These vehicles are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased vehicles. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.

In California, lemon laws cover anything mechanical, including a toaster, as does the federal lemon law. The federal lemon law also provides the warrantor may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.

Engine problems

-Transmission problems
-Water leaks
-Paint defects
-Electrical problems
-Brake problems
-Steering problems
-Vibrations
-Bad smells
-Rattles
-And many other defects

Getting The Most Juice In Your California Lemon Law

It is a consumer’s right to return a defective product that he has purchased. The US legislative and justice system through the California Lemon Law recognizes this right in auto buyers, who may risk life and limb for one defect in their car.

The California Lemon Law allows new and used car buyers to demand for refund or replacement when the cars that they have purchased have been proven to be defective. Here are some tips that will help you get the most “juice” from your “lemon.”

1.Never let the manufacturer or dealer discourage you
The California Lemon Law provides guidelines by which you can determine if your car qualifies. A car is considered a “lemon” under the California Lemon Law if it has been repaired four times and the defect has not been fixed within the period of 18 months or 18,000 miles whichever comes first. Two repair attempts are given to defects that may cause injury or death.

2.Know your rights
Research the guidelines provided by the California Lemon Law and decide for yourself if what you have is a “lemon. Don’t let some scrupulous salespersons fool you into not filing a complaint or selling your car to them at a loss. There are a lot of websites in the Internet that could provide you with relevant information on California Lemon Law.

3.Read your manual
Don’t let that manual gather dust in one of your drawers. Know everything about your car especially the things that you cannot do with or to it. Take care of your car and follow the manual to the letter. Otherwise the manufacturer could blame the problem on your poor use. Remember that though the California Lemon Law protects your right, you have to prove that the defect has not been caused by you.

4.Don’t waste time
Remember that the California Lemon Law provides a deadline for complaints. Don’t wait for the last minute to file yours.

5.Take it to authorized service center
In having your car repaired, make sure that you go only to authorized service centers to ensure that the car is repaired properly. Under the California Lemon Law, buyers should have the defect repaired by the manufacturer through its service centers and at least inform the manufacturer of the need for repair.

6.Keep records
Never fail to ask for proper documentations, even if the center has not seen anything wrong with your car. Those are needed when you file a complaint under the California Lemon Law. So, it is important that your complaints be documented from the onset. Make sure also that when they do give you a receipt or record, the information is complete and accurate.

7.Put it in black and white
Send a letter of complaint. This is one way to legally give notice to your problem under the California Lemon Law. Inform them of the problem and outline the number of repairs that you have done. If possible, send it over through certified mail to make sure that they did receive it.

8.Know your options and seek advice
Most car companies have arbitration program that take care of Lemon Law complaints in California. If arbitration does not work, you can always seek legal counsel. Remember that arbitration decisions are not final and some companies even give a quick refund when a lawyer gets involve.


About the Author

Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.

Auto Lemon Laws -- Do You Need a Lawyer?

Buying a new automobile is usually a bid decision for most people, and it involves a lot of time, research and most of all, money. If you are going to be paying for something for five years or more, you will generally take your time, do your research, and make sure that you are spending your money wisely on a vehicle that will last for years. Unfortunately, some new cars, like all manufactured products, do not perform as they should and are defective in some way. For reasons lost to antiquity, defective cars are known as "lemons."

California became the first state to enact legislation that provided recourse to purchasers of defective vehicles in 1982; since then, every state has enacted similar legislation. Consumers all over the country may now seek either a replacement vehicle or a refund should they find themselves the owner of a defective automobile.

Even though legislation exists to protect you if you should find yourself the owner of a lemon, most people are not familiar with their state's lemon law. Is it necessary to file a lawsuit? Do you need a lawyer? Can you go through the process yourself?

While lemon laws vary from state to state, you can generally file a lemon law claim yourself. The process usually involves writing letters to the manufacturer that state your problem and filing a claim with your state's Attorney General's office. You must also submit your vehicle for repair of the problem; each state requires that the manufacturer have a "reasonable" opportunity to repair your vehicle. The next step is probably arbitration, in which you and the manufacturer present your respective arguments to an arbitration panel that will rule in favor of either you ore the manufacturer. In many states, arbitration is mandatory; in others, you may opt out.

While you may represent yourself during the arbitration process, you may feel more comfortable hiring an attorney. There are many attorneys who specialize in lemon law cases, and they may be able to expedite the process. The presence of an attorney may also make you feel more comfortable if you have little or no experience with this sort of procedure. If the of the arbitration panel does not rule in your favor, or if your state allows you to opt out of arbitration by choice, you may elect to sue the manufacturer yourself. This is often a last resort, as arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims. Should you decide to sue, an attorney will almost certainly be necessary. Many states will allow you to collect attorney fees in a lemon law-related lawsuit.

Should you find yourself the owner of a defective automobile, you can certainly file a lemon law claim yourself, but many people will find that the process goes more smoothly with the aid of an attorney who is experienced in lemon law cases. If you think your car is a lemon and you might need to file a claim under your state's Lemon Law, you should first check with your state's Website, or contact your state's Attorney General's office.

About Charles: Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites, including LemonLawHelp.net, a site devoted to automobile lemon laws, and End-Your-Debt.com, a Website devoted to information about debt consolidation and credit counseling.

Understanding The Lemon Law

Are you a victim of a lemon law violator? If so, you have many rights that can protect you. Lemon laws were established to help protect the consumer against the purchase of a bad product. For an example, let’s use cars. If you purchase a car from a dealership or a private owner and are told that the car is in good working order, they have to stand by this. If you pull it out of the drive way of that dealership only to have it break down on the way home, chances are that the car was not in good shape to begin with.

Dealerships and anyone else selling used cars need to ensure to you that the car is in the condition they are selling it to you. They can’t tell you it’s brand new if it really has been around for years. In order to protect consumers from not too honest dealers, lemon laws were created. But, each state has their specific set standards for lemon laws. You can find out what your state’s lemon laws are and find out how they affect you whether you are buying or selling a car.

If you feel you have been a victim of lemon law violations, you have rights. The first thing that you need to accomplish is finding a qualified lemon law attorney. This is important because if you take on the dealership (as in our example) on your own, chances are good that you may miss something, make a mistake to cost you the case, or just not present yourself in a positive manner. Investing in a lemon law attorney can help to ensure that your purchase and case are taken care of in the best possible way.

Lemon laws are there to help you. In order to do so, though, you need to know how they work in your state and in your situation. To find out what your state’s lemon laws are, simply look on the state’s website or call a qualified lemon law attorney.

About the Author

Kim Neal is an avid internet marketer.

Lemon Law Basics

Lemon laws are laws to protect consumers who purchase defective automobiles. For example, if you buy a new or used car and then find out the car has a serious problem that is not fixable, the manufacturers is requested by lemon law to buy back or replace the defective vehicle if the defect can not be repaired within a certain number o attempts or within a certain time frame.

Generally speaking, cars and trucks are covered by lemon laws in most states, while some states' lemon laws cover motorcycles and motor homes as well. Also, the exact criteria for what falls under a lemon law differ from state to state. Most lemon laws define a lemon as a new vehicle with condition or defect that substantially impairs the value or use of the vehicle and which has not been repaired after a reasonable number of attempts.

If you are a victim of a lemon law violation, you should first try settling the matter with the manufacturer. Talk to the manufacturer about your situation and see if the manufacture is willing to offer a reasonable settlement. If you can't reach a satisfying settlement with the manufacturer, you can work with an attorney and take the case to court. Make sure you have enough documents to prove your vehicle falls under the lemon law.

About the Author

John Lee is an Internet writer who has written articles for a number of Internet columns and websites, such as Attorney Help and Notary Public Guide

California Lemon Law

California Lemon Law

Officially known as the Song-Beverly Consumer Warranty Act, the California Lemon Law is there to protect the consumer. If you have found yourself to be the owner of a lemon car, truck, RV, or puppy, the California Lemon Law will make sure that you get your purchase replaced or refunded to you. How do you know if you have a lemon? The California Lemon Law states that any purchase more than $25.00 that is defective, unsafe, malfunctioning, or has an existing problem that greatly reduces its value will qualify as a lemon.

Under the California Lemon Law you should notify the dealer/manufacturer of the problem you are having with your vehicle. The dealer must make four attempts to repair the lemon car during the first 18 months or 18,000 miles, whichever comes first. California Lemon Law states that a vehicle that has been in for repairs four or more times for the same defect, or if the car has been in the dealer for repairs of the defect for a total of 30 calendar days, then the vehicle should be presumed to be and classified as a lemon car. If your vehicle has to be brought into the dealer two times to repair a defect that could result in injury or death if not repaired, that too is considered a lemon car under the California Lemon Law.

The California Lemon Law also allows Lemon Law claims to be filed against manufacturers if the car is over the 18 months/18,000 mile limit, if the car is still under warranty. This covers the consumer who has a two or a three-year-old vehicle that comes with an extended warranty. This law also protects the consumer by allowing a time period of four years after the defect is first noticed to bring a lemon law claim against a manufacturer. It is important that you get legal advice from an attorney who is knowledgeable in California Lemon Law. When you seek an attorney, it is best to hire one with a history of only representing consumers, and never the manufacturer in California Lemon Lawsuits.

The California Lemon Law not only protects the buyer of new cars and trucks, but also the consumer who has purchased a used vehicle. If you have purchased a lemon car and it is still under the new car warranty, even if you are not the original owner, then you can file a claim under the California Lemon Law.

If you think that you have purchased a lemon car it is important that you keep good documentation of all interactions and transactions in regards to your lemon car. Write a letter to the manufacturer and send it certified. Manufacturers are aware of the California Lemon Law and most are more than willing to rectify the situation. If you are unhappy with the repair work done by the dealer, the manufacturer may ask you to go through arbitration with a third party. If you are still not satisfied, you can sue in court under the California Lemon Law. You can also contact the Attorney General’s Office for the newest updates to the California Lemon Law.

Attorney General’s Office
California Dept. Of Justice
P O Box 944255
Sacramento, CA 94244-2550


About the Author

Paul thought he was stuck with a lemon until he discovered the lemon law.