The Lemon law is listed under the consumer legislation of every state. This legislation governs how goods are sold, their condition, as well as the circumstances and terms of the transaction. The Lemon Law was put in place for the protection of the consumer so that they are not taken advantage of by fraudulent goods which includes the sale of cars. In some cases these lemon laws cover Boats, RVs and motor bikes as well. Note that they differ from State to State.
Lemon Laws protect against serious concerns that include mechanical problems and not just that the paint was peeling or the radio was faulty. Some of the things that are taken into consideration include faulty brakes, not being able to drive in reverse or a locking steering wheel. The first thing to do however, in the event of such issues is to work it out with the dealership. If this fails then one may take advantage of the Lemon Laws of the state.
Basically, a car that always needs repairs even after having given the dealership time to rectify it may qualify for lemon law protection. It is important to note that all these things must have taken place within the period that the warranty was effective. However, if the car was purchased “as is,” it is likely that the Lemon laws may not be effective in protecting the buyer.
In order to take advantage of these laws, one must have a record of the problems that they have encountered over time. This will include dates, the nature of the problem, repairs made, people spoken to about the problem as well as their response among others. It is important to note that a fair chance must always be given to the dealership to repair the issue before one can take them to court.
It is also the responsibility of the buyer to inform the dealership or manufacturer of all or any problems that occur with the car during the time that the warranty is effective. Additionally, if one files a suit under the lemon laws, he or she should notify the said manufacturer or dealership.
The way to do this is by letter making sure to put in the complete details of the issue experienced as well as the needed actions by the dealership. At this point one can ask that they buy it back or that they give a better one in place of the said lemon. In case the dealership refuses to honor the claim or letter, then the onus is on the buyer to diligently pursue the case until it is resolved.
It is important to note however, that if the problem is not significant enough such that the use and/or value of the car is impaired, then the dealership will have no obligation to refund anything. Additionally, if it is found that the issue with the car is a result of neglect, misuse or alterations that are unauthorized by the manufacturer, but were made by the buyer, then no refund will be forth coming.
