When you buy a new car, there are certain protections you can expect. These include requiring a manufacturer to honor an express warranty and a refund or replacement if a substantial defect exists.
To qualify for lemon law compensation, you must typically have a problem that lingers after several repair attempts.
The Legal Definition of a Lemon
Most states have lemon (sometimes called “guarantee laws”) that enable consumers purchasing defective automobiles to seek refunds or replacements. A lemon is a vehicle with a severe defect or requires excessive repairs that significantly impair the car’s value, utility, or safety. The terms and scope of these laws vary by state.
Most lemon laws require manufacturers to allow a reasonable number of repair attempts before a vehicle is deemed a lemon and thus eligible for a replacement or refund. The exact number of repair attempts varies by state, but it is usually at least one and no more than four for safety defects.
Consumers still determining whether their vehicle qualifies should contact an experienced lemon law firm. These firms specialize in breach of warranty claims and are often available on a contingency fee basis, meaning they will charge nothing to take your case if they win. In addition, most states use a provision of the Magnuson-Moss Act (or the federal warranty act) that allows a successful consumer to recover attorney fees from the manufacturer. To find out more about how lemon law works, keep reading.
Substantial Defect
Whether or not your new car has a substantial defect depends on the state’s law. Most states have enacted lemon laws that allow you to seek compensation from the manufacturer if your car is unrepairable after a reasonable number of repair attempts. While the legal definition of a substantial defect differs in every state, some problems that may seem minor, like a botched paint job or offensive smells, have been found to qualify as significant enough to merit a refund or replacement under these laws.
The test to determine if a vehicle is a lemon is based on whether or not the defects “substantially impair” its value, use, or safety. The test also differs from state to state, but most states require that the defect be covered by warranty and that it continue after a reasonable number of repair attempts.
If your car meets these requirements and you believe it is a lemon, consider working with an experienced attorney to pursue arbitration or a lawsuit. Remember, most states require that you attempt to resolve your dispute informally before filing a lawsuit, and an attorney can help you gather evidence and present it to the arbitrator.
Warranty
The legal definition of a warranty depends on state law. Still, generally, it is a written promise by the manufacturer or seller that goods or services will meet a certain quality standard or be fit for a particular purpose. Lemon laws are based on this concept and require manufacturers to honor their warranties.
Regarding vehicles, the definition of a lemon can vary by state. Still, a car is generally considered a lemon if it has significant problems that cannot be fixed within a reasonable number of attempts. Keeping detailed repair and service records is essential in lemon cases, as evidence of the number of repair attempts required to qualify your vehicle as a lemon can be vital in your case.
Some states have lemon car laws that offer consumers a replacement vehicle or a refund of the purchase price after a certain number of repair attempts.
Breach of Warranty
Lemon law is a consumer protection law that enables consumers to seek a repurchase or refund of a new product when it can’t be repaired. In many states, the lemon laws also include provisions that make it easier for consumers to hire a lawyer to pursue these cases. Often, these lawyers charge a small retainer and bill the manufacturer for their fees if they win the case. This is known as fee-shifting.
Lemon laws are generally designed to reduce the number of defective consumer goods. While lemon laws originally applied to automobiles, they are now used to protect a wide range of products. The federal Magnuson-Moss Warranty Act covers some of these products, while individual state lemon laws govern others.
Fraudulent Sale
The legal definition of a fraudulent sale is a sale that involves defrauding the seller’s creditors. This can be done by selling something not worth what was paid or hiding assets from creditors.
Lemon laws protect consumers from defective or poor-quality vehicles, products, and services. They require manufacturers to repurchase or replace the vehicle or product after a certain number of unsuccessful repair attempts. They can also require the manufacturer to reimburse the consumer for their expenses.
Most states’ lemon laws include a provision allowing consumers to recover their attorney’s fees if they win. This is a significant advantage over taking the manufacturer to court. It’s often best to consult with a lemon law attorney first to see your options and the strength of your case. Many lawyers specialize in this area of the law and will handle a lemon law case on a contingency basis.