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Lemon Laws - What You Need To Know
By Terry Dunn
No. Lemon law is not something that you should be aware of when
buying lemons.
Car consumers’ rights
Despite its name, Lemon Law actually refers to state laws that
govern faulty vehicles. It offers consumers protection against
defects in the car and gives them the right to demand for
replacement or refund. A lemon, in fact, refers to a vehicle that
has defects, diminishing its value, impairing its use and causing
problems in safety. The Lemon Law recognizes the right of the
consumers to rely on the dependability and safety of the vehicle
that they have purchased.
Generally, if a car has been repaired several times for the same
defect within the warranty period stated in the lemon law and it
has not been fixed, it may be considered as a “lemon.” You should
however go to an authorized dealer to have the repairs fixed.
The Lemon Law requires the manufacturer and not the dealer to deal
with the problem. Consumers who plan to ask for refunds must
report the case to the manufacturer in writing especially if it is
written in the warranty materials or user’s manual. Remember also
to keep all documentations involving repairs in case they are
needed when you file your complaint.
Consumers are also given the right under the Lemon Law to choose a
refund instead of a replacement. In addition, you can also get a
refund for the expenses that you have incurred for repair, towing
services and the use of a rental vehicle while your car is still
in the service center.
Differing state laws
States have different provisions in their lemon law. Some states
offer protection for both used and brand new vehicles while others
only protect brand new car buyers. Lemon state laws also differ in
the vehicles that it covers as well as the number of times that
the vehicle should be repaired before being considered a “lemon.
California Lemon Law, for instance, stipulates that a vehicle is a
“lemon” if it was repaired four times already; has been out of
service for 30 days or has been repaired twice for a defect that
can cause serious injury or death while the state of Arkansas
requires only three repair attempts and one repair attempt if the
defect can cause injury or death.
Most states provide a warranty period of 12 to 24 months or 12,000
to 24,000 miles, whichever comes first in their Lemon Law
provisions. The defect must occur within this warranty period.
If the defect is serious, involving the steering wheel or the
brakes, consumers are granted one attempt to repair. For safety
defects that are not as serious, Lemon Law allows for two attempts
at repair. For other defects, consumers can have the car repaired
three to four times. If the vehicle has been in the repair shop
for a total of 30 days within a year with at least one of those
days occurring the first 12,000 miles, then it is considered a
lemon.
Most Lemon Law allow for an offset in the refund given to the
consumer in relation to the car’s mileage at the time of the
refund. Still, there are no specific guidelines over this and
consumers can negotiate.
Though it is relatively easy to deal with some manufacturers, who
would voluntarily buy back your “lemon” car, there are some who
refuse to. In case this happens, services of lawyers are needed.
Recognizing these situations, some State Lemon Law allows
consumers to refund their attorney’s fees.
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.
Article Source:
http://EzineArticles.com
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