One of the most frequently asked questions is what is lemon law is. In law, the term ”lemon” is used to refer to defective vehicles like motorcycles, trucks and automobiles. Lemon laws are state and federal laws that offer a solution to purchasers whose vehicles fail to perform as expected. According to Amar Law Group, these laws vary from one state to another. In some countries, Lemon laws cover other products besides vehicles. Other states cover only personal cars and passenger vehicles.
How Does Lemon Law Affect You?
For your case to be resolved under Lemon Law, the vehicle must have a defect. The definition of defect varies from one state to another. In most states, the defect must be of such a level as to impair the safety, value, and use of the vehicle substantially.
Some defects are quite plain for all to see and are not debatable. These include such defects as transmission failure, failure of the vehicle to start, and engine failure. However, other defects may be hard to prove and may require that you hire the services of an expert attorney. These include extreme wear of the tires, water leaks and wind noise.
What Does Lemon Law Require
The law requires that you notify the manufacturer of the defect in your vehicle via a letter known as last chance letter. It is noteworthy that this letter should be addressed to the automaker, and not the dealer. Before sending the letter, your car must have qualified as a lemon. Different states stipulate the condition of this qualification differently. For example, in Michigan, the car must have been in the repair shop three times for the same problem. In Texas, the law stipulates four times.
If the manufacturer offers to give one more attempt at fixing the vehicle, let them do so. They will most likely fail. However, if they manage to repair it and it remains repaired, you may not have recourse under the Lemon Law. The Law stipulates that the defect must exist for your case to qualify.
What Happens if the Defect Continues to Exist?
If the defect continues, it means that you qualify to get another car of equal value from the manufacturer. The new vehicle must be non-defective. Alternatively, the manufacturer can arrange for your vehicle to be purchased back. In some states, you will be charged mileage for over 24,000 miles that you covered in the first year. If you had obtained finance for the purchase, the law requires the manufacturer to offset the loan. The financing bank is required by law to cooperate in this process.
In most of the cases, manufacturers prefer to give the car owners money as a replacement for the car, and the costs of the attorney. The reason for this is practical. Buying back the car from the consumer usually does not solve the problem for the manufacturer. They would still have to dispose of it. This comes with its own set of challenges.