Lemon Law states that a car can be replaced or refunded to the customer if purchased with a major mechanical defect as per the allowances of the law. A car can be said to have major mechanical defects if it cannot be repaired after a reasonable number of repairing attempts and that is covered by warranty. In order to get a replacement vehicle, lemon laws can often be used by the consumers only once their original vehicle is said to be a lemon.
Terms to Know
• Warranty – A promise that a dealership makes that the vehicle sold by it is fit to drive.
• Recalls – A notice that a manufacturer or dealership issues about a mechanical defect are often termed as ‘recall’. Money spent on repairing to correct all defects is paid by the dealership as listed in a recall.
It is the initial responsibilities of dealerships to decide whether a car is a lemon and to review cases of lemon law. These are not considered as legal organizations. A quick resolution with minimal legal involvement is eagerly found by the car dealers. All the complete and detailed records of repair and use history of the car are kept by some organized car owners. So, they try to find a way to get a replacement of the car under the lemon law without having any need to hire an attorney.
However, it is not admitted by any dealership that a defective car is sold by them. In order to ensure that your rights are fully protected, you need to immediately hire an experienced lemon law attorney, if your dealership refuses to take a decision that a defective car is a lemon or is difficult to deal with.
These are considered to be highly state specific. A car is said to be a lemon in one state but may not be in another state because of the different definition of ‘major defect’ in different states. So, make sure to find a local lemon law attorney who knows the laws of your state to help you.
Practice areas related to lemon law
• Consumer Protection – Lemon law is one of the subsets of consumer protection laws. It ensures the safety of the usage of products that enter the marketplace.
• Financial Consumer Protection – Consumers are specifically protected from fraud in lending or banking by financial consumer protection. Car loans are also applied to by these laws.
• Consumer Transactions Law – Basic rules of promises and warranties made by the seller are covered by this area of law. Vehicle transactions are also applied to by this law.
• Criminal Law – The owners of the dealership can be prosecuted if an unsafe vehicle is sold and misrepresented as safe. It is considered to be fraud.