Lemon Laws – an Overview
It is widely believed that Lemon Laws only pertain to motor vehicles. This is not the case. For example, the Magnuson-Moss Warranty Act, enacted in 1975, applies to boats, RV’s, appliances, computers and other consumer products.
Consumer protection and consumer activism were hot button issues of the day and at the forefront of legislation in the late sixties through the mid seventies. Truth in Lending, Fair Debt Collection Practices Act and the Consumer Protection Act are just a few bills that came out of that period.
States got on the bandwagon too, enacting state regulations to protect consumers. Lemon laws came about in the same era. In my opinion, businesses and financial institutions brought these things laws on themselves through unscrupulous business practices, arrogance and greed.
To a significant degree, these laws ended the “buyer beware” mentality and the era of “business beware” began. The impact of these laws remains with us today. Most aspects of these laws are positive for the consumer but there are downsides too. Undoubtedly these laws have increased borrowing costs and the prices on manufactured goods.
That said; let’s explore the lemon laws as they relate to the automobile. As I’ve said previously, apart from the provisions of the Magnuson-Moss Warranty Act, which provides consumer protection on the federal level, each of the 50 states has enacted its own version of a Lemon Law.
At first blush, this might seem confusing, but realistically, you only live in one state at a time, so if you feel you have a Lemon Law case, you only need concern yourself with the applicable law in your state.
The scope of this article does not allow time for even a synopsis of each state’s lemon law. Suffice it to say, they are very similar. The most important thing you can do to insure a successful outcome is to keep detailed records of the problem, such as, dates of contact with the dealer/manufacture, contact names, results of the contact and anything else that may have a bearing on your claim. Pay close attention to the mileage on your vehicle and the number of months that have elapsed since you purchased it. Most, if not all, state Lemon Laws limit your ability to act under the statute after a specific number of months from the date of purchase and a specific number of miles the vehicle has been driven since purchase.
There are excellent sites on the Internet that detail each state specific Lemon Law and I urge you to visit one or more of these sites as soon as you have identified a problem with your vehicle.
This brings us to the definition of a “lemon”. Three criteria must be met.
* The use, value or safety of the vehicle has been substantially reduced by a defect.
* You have given the dealer/manufacturer several opportunities to rectify the problem.
* The problem with the vehicle is repetitive, occurring over and over again.
When in doubt, secure the services of a Lemon Law attorney. Your vehicle is a substantial investment and you may need professional assistance to secure that investment.
Author Bio: Marcol Conlie is a classic car lover. With several cars to his name, he knows how important a California lemon law attorneys can be when something goes wrong. He goes to Barry Edzant, a California dog bite lawyers and Los Angeles car accident lawyer, whenever he has a problem.
Category: Legal
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