Lemon Laws:
Buying a vehicle gives one such a sense of pride and achievement. And if that vehicle then turns out to be a ‘lemon’ (does not function properly) you are in for so much more than just disappointment. Having a vehicle that sits in a repair shop more than on the road can be very frustrating to say the least. To protect people in such situations, many Lemon Laws have been passed.
Lemon laws are those laws that apply to most consumer products which are bought with a written manufacturers warranty such as cars, trucks, wheelchairs, motor houses, computers, etc. but turn out to be lemons. Although these laws cover many products, they mainly focus on vehicles and cars. Lemon laws are applicable to new vehicles, old vehicles, and rented vehicles.
Vehicle Qualification for Lemon Laws
For you to file a claim under the lemon laws, your vehicle needs to qualify as a ‘lemon’. Here are the conditions whereby it can be deemed a lemon:
New Vehicles:
- If the vehicle has a manufacturing defect because of which it cannot be used.
- Any fault which makes it unsafe to drive the vehicle.
- If you have had to get it repaired within the warranty period.
- The vehicle has gone for repairs four or more times in the warranty period.
- If it is in the garage for 30 days or longer for repairing a defect.
Even after all the numerous attempts of the authorized workshop of the manufacturer have failed, your vehicle can qualify as a lemon.
Used Vehicles:
- If the vehicle does not pass the safety inspection within the set period for such inspection.
- In some cases it can be a lemon even if it has passed the safety inspection but has been in the repair shop enough times to qualify as a lemon.
- If the repair cost of a vehicle is more than the stated percentage of the sale price.
Under these conditions, a used car can be termed a lemon.
Rights of Consumers under Lemon Laws
If you find yourself in the unfortunate situation of having bought a vehicle that turns out to be a lemon, you can assert certain rights that you have under lemon laws, namely:
- Right to Money Back: This right gives you the option of getting the money back that you spent on the purchase of the vehicle. This ‘money back’ includes your down payments, any installments or interest payments, motor registration fees, repair costs, and any loan payoffs.
- New Vehicle: If you do not want your money back, you are entitled to receive a new vehicle from the manufacturer, which is in proper working condition.
- Civil Penalty: In situations where the manufacturer refuses to buy back your ‘lemon’ and return your money; you have the right to file a lawsuit and you stand to receive double the expenses that you have incurred on the vehicle as a civil penalty.
Lemon laws also restrict manufacturers from selling or recycling a lemon. Manufacturers and dealers are required to inform the consumer if any vehicle has been repurchased under the lemon buy back law. If you are sold such a vehicle, the seller has to make you sign a form which states that you had been told that the vehicle you are buying is a lemon buy back vehicle.
Lemon laws are enacted to protect the rights of consumers as well as to encourage vehicle manufacturers to pay strict attention to manufacturing quality so as to avoid unnecessary legal hassles that may arise out of consumers being sold a lemon.
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