Although in terms of percentage it is small; less than one percent, the actual numbers of cars that are produced every year that turn out to be lemons is actually quite high; about 150 thousand is the most recent estimate. A lemon in the eyes of the law is a vehicle that has a problem that, after repeated attempts refuses to be fixed. lemon law for car even though the law does vary somewhat. If you should get stuck with a car that you think classifies as a lemon it is in your best interest to know what you must do to qualify for a refund or replacement.
What is a lemon car?
There are minor differences from one state to another but in general the vehicle must have a defect that is covered under the terms of the warranty and the problem must have occurred a specific number of times after you took possession of the car and in all cases the attempted repair failed to rectify the problem. In some states the lemon law for car covers used cars but this is quite rare, every state lemon law covers new cars.
Under the terms of the lemon law the defect must be “significant.” This term often causes confusion but basically it means that the flaw must be such that it is detrimental to the value of the car, the safety of the occupants and others and the use of the car. A typical example of a significant defect is faulty brakes, a defect considered to be no more than a minor annoyance would be something like a loose door handle.
The substantial defect or flaw must happen within a specified time period or a specified number of miles. The usual time frame is one to two years and the usual mileage is between 12 and 24 thousand.
Repair attempts:
This is another area where there are differences in opinion state by state. Every state allows the manufacturer or the dealer a reasonable number of attempts to fix the fault. If the fault is such that it may be the cause of serious injuries or death; one attempt is all the manufacturer gets. If the defect is not a safety issue the manufacturer is usually given three chances minimum to fix the problem.
As well as repair attempts, if the car is out of service for a period of time, normally 30 days total, the car will probably meet the definition of lemon in accordance with the law of your state.
Every state has its own lemon law for car, although there are numerous common articles, every law is somewhat unique. For a full understanding of your lemon law rights under the law of your state you are invited to contact Krohn & Moss Consumer Law Center.
