Every state has enacted a vehicle lemon law giving consumers rights similar to those they have under the Magnuson-Moss Warranty Act.
What is a lemon?
Although the law does vary from one state to another basically if you have purchased a new car and it must go in for repair of the same defect which is covered under warranty three or four times, it probably is a lemon and as such you have recourse under your state vehicle lemon law.
Is my new car a lemon?
To qualify as a lemon the defect has to negatively impact the vehicles value, use and safety. There may be a dozen things wrong with the car but if none of them meet this initial concept of value, use and safety you do not have a lemon.
If the brakes don’t work or the car won’t start after sitting for some time or the door pops open unexpectedly or the transmission will not shift properly; you might just have purchased a lemon.
It is extremely important that when it comes time to demand a refund or a new car that you can substantiate the problem. Right from the day you buy a new car start keeping records of any problems; what the problem is, what dates is the car in for service and what did the mechanics do. You have the responsibility of protecting your own rights; nobody will do it for you.
Is a lawyer necessary?
It depends a great deal on the state you live in, in some states you can file a complaint and expect action, in other states you need to hire an experienced lemon law lawyer. The good thing about all state lemon laws is; if you do need a lawyer to get satisfaction, the car manufacturer is obliged to pay the legal fees; not you.
The vehicle lemon law that applies in your state is unique. If you think you have a lemon you can find a great deal of information, including the details of qualified lawyers, by visiting the web site of Lemon Law America.
