Lemon Laws

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Simply put, a lemon is a vehicle that is defective. While the term is used quite loosely, strict criteria must be met in order for a vehicle to be legally considered a lemon. Lemon laws vary from state to state, but most statues have the same general definition: A car is lemon when it has defects so severe that they adversely affect usefulness, value or safety of the vehicle.

Lemon laws were enacted to protect the public from defective and unsafe automobiles and dishonest car dealers. If you have purchased a vehicle that has a substantial defect that persists despite numerous repair attempts, your state gives you the right to be compensated for your damages. Most states define a substantial defect as a problem that prevents the vehicle from being safely operated or significantly reduces its value. Lemon laws are on the books in all 50 states.

Depending on the age and condition of the car, your vehicle may be protected under your state's lemon laws. While statewide lemon laws cover all new cars, used cars are usually exempt from these regulations. Public pressure from consumer groups have prompted a few states to include used cars in their lemon law protections. If you are thinking about purchasing a used car, make sure that you check with your state to see if pre-owned vehicles are covered in your lemon law statute.

It is also important that you have a clear understanding of what kind of problems can and cannot be covered under the law. There is a big difference between a nuisance and a defect, and lemon laws will only cover the latter. A malfunctioning radio or a leaky sunroof are nuisances, not defects. Lemon laws only apply to severe mechanical problems that significantly decrease the usability, value or safety of the vehicle.

It is important for consumers to do their homework when shopping for a car. Doing your research will save you a great deal of time, money and aggravation in the long run. One of the first things you want to look at is the title. Virtually every state requires that lemons or flood cars be marked on the title as such. Make sure that the vehicle you are looking at has a clean title. Multiple owners, odometer discrepancies and frame damage are all huge red flags. You also want to research the particular make and model of the car itself. Consumer review publications and websites can give you a great deal of information about which cars have the best performance and reliability rating. You can also check with the manufacturer publications as well; they can tell you to see if any particular car was the subject of a recall notice. Services like Autocheck and Carfax now give consumers the ability research a vehicle's history simply by plugging in the VIN number.

If you have already purchased a vehicle that you suspect to be a lemon, it is important that you document everything that is wrong with the vehicle, including all the mechanical problems and repair bills. You will then need to file a complaint in order to recover any damages. If your vehicle is found to be a lemon, your state will most likely require that you be compensated in the form of a cash refund or a replacement vehicle.

 
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