Do You Think
Your Car Is A Lemon?

Author: D Ruplinger

Each of the 50 states has lemon laws in place to help protect
consumers who have purchased faulty products, but those laws
vary from state to state. There are also federal lemon laws such
as the Magnuson-Moss Warranty Act and the Uniform Commercial
Code that are similar to the state lemon laws, but which give
consumers another avenue to pursue if their particular state's
lemon laws do not cover a product the consumer feels is
defective.

Although most people think the lemon laws only pertain to new
and used vehicles, they do cover other products purchased, such
as computers. The federal Magnuson-Moss Warranty Act protects
the buyer of any product that costs more than $25 and that comes
with an express written warranty.

Keep in mind though, that just because you think you may have a
lemon doesn't mean your state's lemon laws will also consider
your product a lemon. If that happens, check the federal lemon
laws to see if your product qualifies as a lemon. If you're
still not sure or if you want more help, consider checking with
a lemon law attorney. Many lemon law attorneys will give you a
no fee assessment of whether or not your product qualifies as a
lemon and whether or not you have a case to pursue for repair or
replacement.

There is typically a specific time period in which you have to
make your claim about a product being a lemon. The time periods
vary by state. Typically though, if you purchase or lease a
vehicle that develops one or more defects within the first year
of purchase, it's likely that vehicle would be covered by your
state's lemon law regarding new vehicles. But, the defect or
defects must be significant - something that severely affects
the operation, safety or value of your vehicle and reasonable
efforts must be made with the dealer and manufacturer to allow
them to correct the problem. It's fairly standard though for a
new vehicle to be covered under a state's lemon law if it was
not in working order for 30 or more days in the first year of
purchase or if it required repair of the same defect on more
than four occasions within the first year of purchase.

If you encounter problems with a new purchase it's very
important that you keep good records of the steps you took to
try and get the problem fixed as well as keeping track of the
dates of each conversation you have with the store, dealer, or
manufacturer of the product you purchased. This includes keeping
track of the specifics of each conversation whether it was in
person or was over the phone. Do not tape record conversations
though, unless you have been given express permission to do so
because it is considered a crime in many areas. Instead keep
notes written in your own words.

If you are pursuing repair of a defect on a vehicle, keep track
of how many days the vehicle is out of service and unavailable
for your use. Also keep copies of all the repair and service
receipts making sure the problem with the vehicle is noted on
the receipt and that it shows the correct dates the vehicle was
in for service. One of the first things a lemon law attorney
will ask you to provide is documentation of what the problem is
and what steps you took to try and get it corrected. Good
chronological records are vital to pursuing a successful claim.

Some manufacturers may ask you to participate in mediation
rather than going to court over a defective product. Some states
require mediation before suing under the lemon law if the
process is certified by that state's Department of
Transportation, but the consumer is not required to accept a
settlement they feel is not satisfactory.

It does take a lot of time and patience to pursue a lemon law
claim. Many people don't end up pursuing a lemon law claim
because of the diligence required to see the claim through to
resolution. If you feel you have a lemon law claim on an
expensive item such as a new vehicle it is probably easier and
quicker to hire a lemon law attorney to pursue your claim than
to try and do it yourself. As stated earlier, most attorneys
will not charge a fee for consultation and they will seek their
attorney fees as part of the settlement. Attorney fees are
usually awarded to the prevailing/winning party.

There are also consumer advocate groups that can be of help. The
Better Business Bureau is a good source of information and can
help you with your pursuit of a fair and just settlement of your
claim. Your state's Attorney General Office is also a good
source of information.

About the author:
D Ruplinger is a featured writer for Lemon Laws Help. To read
more of her articles, and to learn more about lemon laws or to find
a lemon law lawyer, visit our site.