American Lemon Law
Are you driving a lemon car, truck, van, SUV, motorcycle, boat or dealing with a lemon consumer product? The state lemon laws and other federal consumer protection laws could help you get rid of that lemon! The lemon laws are different in each state, so please click on the state on the
In most states, you can seek relief under the lemon law after a certain number of unsuccessful repair attempts for the same defect, or if the vehicle is out of service a certain number of days. The definition of a defect varies, but in all but a few states, it must significantly impair the vehicle's use, safety or value. (In a few states, you can seek arbitration sooner for "safety lemons"--if the defect is serious enough to cause injury or death.)
Lemon Law Tips
KEEP A COPY of all documentation you have regarding your vehicle and its history. This includes all repair orders, purchase contracts, warranty book and owners manual that came with your car.
TAKE WRITTEN NOTES of all conversations you have with your dealership and repair technicians concerning your vehicle and its “lemon” potential. Include the date, time and what specifically was discussed. This includes phone calls and in-person contact.
ASK ABOUT TSB’s, or Technical Service Bulletins, instructions from the manufacturer that alert dealerships of specific defects or necessary repairs in certain models. If you don’t ask your dealer might not present you with this information, so speak up and ask your technician to write your request on the repair order.
PREPARE A TIMELINE if you have many repair orders in your possession, to organize each repair attempt by date, the number of times the vehicle has been in the shop, and how many days total your vehicle has been out of service.
DO NOT BE DISCOURAGED by your dealer, repair technicians, or others who might tell you the problems you are experiencing with your vehicle are minor and that you do not qualify under the lemon law for any sort of relief. ONLY AN ATTORNEY who is licensed to practice law in the state where you purchased your vehicle and has some familiarity with the lemon law, can make that determination!
GET RID OF YOUR LEMON!
To avoid getting stuck with a problem car, here are a few precautions you can take:
o Inspect your new vehicle before you accept delivery. If you detect any problems, refuse delivery until they've been corrected. Don't accept a dealer's promises that everything will be taken care of at the first service.
o Review and keep copies of the manufacturer's literature about your model, especially advertisements, brochures and warranties. Any statements the carmaker makes about performance could help you get a refund or replacement if a defect keeps the car from living up to the claims.
o Follow the guidelines in your owner's manual for routine maintenance. Keep thorough records of all service and any problems that crop up.
o Whenever you take your car in for repairs, give the service adviser a dated note that describes all of the conditions you're concerned about. Keep a copy of the note in your files.
o Get a detailed repair order every time you take your car in for repairs, even if the shop isn't able to diagnose or fix the problem. Be sure all repair orders indicate how many days the vehicle was in the shop.
Keep copies of the repair orders and other paperwork somewhere other than in your car, where they could get lost.
There are some links for visitors to gather more information on the lemon law and other related products and services. If you need to order a vehicle history report, visit www.cardetective.com or click on the link below.
The National Highway Traffic Safety Administration web site features information on recalls, crash test results, air bag safety, child safety seats and more.
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posted by Didarul Islam at 7:41 AM
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