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What is the Lemon Law?

Has Your Vehicle Had Too Many Repairs Or Days Out Of Service? You May Have A Lemon! You may be asking yourself “What is the Lemon Law?” State and federal “Lemon Laws” provide compensation to consumers of defective vehicles including motorcycles, RV’s and boats. You may be entitled to a replacement vehicle, a full refund or cash compensation. Call us at 888-565-3666 for a FREE case review from an experienced Lemon Law Attorney or free, no obligation nationwide referral.

To qualify for protection under your State’s Lemon Law, you must generally have a defective consumer product that has not been fixed within a reasonable amount of repair attempts. Most State Lemon Laws specifically apply to motor vehicles and require the manufacturer to refund your money or replace your vehicle if, during the first twelve to twenty-four months of ownership, your vehicle has suffered three to four repairs for the same problem or has been out of service by reason of repair more than thirty days. Although State Lemon Laws are generally limited to new vehicles, many states have enacted specific lemon statutes that protect purchasers of used vehicles and/or other consumer products such as Motor Homes and computers.

The federal Lemon Law often extends protection far past State law, making warrantors responsible for irreparable defects for up to four years after the factory warranty has expired. This federal statute generally provides cash compensation where the warrantor cannot make your product free from defects within a reasonable opportunity. Unlike State Lemon Laws, the Magnuson-Moss Warranty Act applies not just to vehicles but instead to all consumer products – including boats and appliances. Magnuson-Moss also creates strict requirement for warrantors when drafting warranties and disclosing warranty terms, thereby eliminating much of the confusing “doubletalk” inherent in consumer warranties. To read your State’s Lemon Law, or the Federal Magnuson-Moss Warranty Act, click here.

How Did I End Up With a Lemon?

The purchase of a new or used automobile can be a positive experience but unfortunately some automobile dealerships do not always operate in the consumer’s best interest. Due to increased competition among dealers, the pressure to make as much money possible from each sale has created a “buyer beware” market. State and federal consumer protection laws have been enacted to ensure the buyer is protected.

What To Do Now?

Apathy and inaction is the exact situation that businesses seek from consumers, and our offices believe pursuing the monetary compensation applicable laws make available helps not only yourself, but other consumers as well by showing big corporations they will be held responsible for not honoring their promises. Stand up for your rights under the law, do not let unscrupulous companies get away with deceptive practices any longer! The lemon law process is simple and can result in a new car!

Lemon Laws often, but not always, require you to provide written notice of the defect to the warrantor and a final opportunity to fix the defects. These statutes also authorize warrantors to establish programs to resolve consumer complaints out of court. However, these programs are often wholly funded by the warrantors themselves, calling into serious question the credibility and impartiality of these mechanisms. You are generally only obligated to participate in such programs where the warrantor establishes the program in strict compliance with State and federal law. Before participating in any such program, you should consult an attorney as although such programs may be helpful, they may be harmful as well due to the bias towards the warrantor inherent in most of these mechanisms.

Because of the expansive legal rights these statutes provide you, sellers and manufacturers will often create obstacles to your enforcement of these rights and at times, will discourage you from enforcing your time-sensitive rights by providing false and misleading information. For example, a warrantor may tell you the time to enforce your State Lemon Law rights has expired without informing you of the rights you have under the federal Lemon Law. Likewise, in an effort to make you accept your lemon, warrantors will often tell you there is no problem with your product and that what you are experiencing is a “normal operating condition.” Always get a second – or third – opinion before believing that problem you know is there really isn’t. Further, always ask for all Technical Service Bulletins (“TSB’s”) on your vehicle as these internal documents often prove your problem exists. Finally, and perhaps most important of all, always make sure to get documentation from the warrantor of each and every repair attempt whenever you retrieve your product back from the repair shop. Withholding these records from you is often the warrantor’s best way to prevent you from building your lemon case, so always insist on receiving a repair order. If the warrantor refuses to give you one, make your own by faxing or mailing the repair shop a letter memorializing the defect and date of the repair, and the warrantor’s refusal to provide you a repair order. To download our copyrighted Lemon repair log, click here.

You have an expensive investment, its time to protect your rights and interests. Apathy and inaction is the exact situation that all manufacturers seek from consumers, and this Website believes pursuing the damages applicable laws make available helps not only yourself, but other consumers as well by showing big corporations they will be held responsible for making less than satisfactory products. If you think you have a Lemon, click here for a free lemon law case review, or simply fax your repair records to 866-773-6152. Your inquiry will be promptly responded to.

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10 comments

  1. I have an issue concerning a warrantee on a light truck transmission and a firm that rebuilt it. Apparently it doesn’t seem to fall under the Lemon Laws in my state as it’s not an issue with a new or used car, however it’s clearly spelled out under the Magnuson-Moss Warranty Act. How does one find legal representation when the firm this site refers to in my state isn’t interested because it’s not a new or used vehicle?

  2. this happened 11/19/2015 me and my wife finance a used 2010 kia forte coupe we put a $1000.00 down cash, the same day my wife who was driving the forte home on I71 the motor blew up and my wife was almost hit by diesel truck because the car was going so slow and would not stop. the car has a warranty. So We call the dealership they sent a towtruck but! now they are telling up we have to wait 15 days to get a refund threw corp. office. how is there fair when they sold us a lemon? we called corp today and they are still giving us the run around. what can be done?

  3. Hello. I purchased a used vehicle from a dealership in Phoenix earlier this week. I signed all paperwork but I haven’t taken possession of the car yet as they were going to make a few minor repairs to paint. I get a call today that they won’t release the car to me unless I sign something waiving my rights to the 15 day/500 mile implied warranty since it was a heavily modified vehicle. Can they legally do this? What can I do?

  4. I bought a used car w/o a warranty 2004 honda pilot. After 2 weeks exactly it wouldn’t start. I told the dealer I got it from told him o’rally did the test and it was the alternators. So they picked it up and charged my battery and fixed my oil leak. Took it home and it won’t start again. They said it was the battery but before they charge it the first time it was a brand new battery. Told them again and they said they did the test and it was not the alternators. But before I went home I went again to o’rally s and again said it’s the alterntor. And it’s over charging my battery. They won’t replace it so what can I do. Do I have any rights? I have most of my conversation s on the phone recoreded

  5. I Financed a 2012 Chevy Malibu ls (odo at time 68k) March 2015.
    1) Transmission failure within 2 months ($4500 to repair) (May 2015)
    2) 2 Tires and alignment (Found out that previous accident damaged front frame which made alignment impossible plus wore tires and brakes fast and placed additional strain on transmission)
    3) Front Frame (New Frame $1800)- alignment still off. (august 2015)
    4) 4 sets of tires and 2 sets of brakes up to June 1st 2016
    Transmission light is on again, I need new tires and brakes again plus I’m paying $450/MTh @ 26% and still owe $12k.
    Please, what can I do? The dealership is not will to help and finance company claims they can do nothing.
    Yes, this was my first purchase, it was done in haste and it has been a very expensive lesson.
    I did get a carfax at the time and saw one previous accident but I did not get a mechanic to look it over. Moreover defects were cleverly covered up (front frame was broke and temporarily welded, sheetrock screws used to hold up parts and panels) . It just all started to fall apart. Bought AS IS sadly.

    No recourse?? Is there really nothing i can do?

  6. Hello
    We bought a 2016 subaru from the Subaru dealer And this past week when it was raining so hard we got a water leak in the back and front driver side only a lot of water went in and we took the car thesame day to dealer and it’s been more then a week and they can’t seem to find the problem what can I do I only have 6000miles on it

  7. A WAS PURCHASING A 2007 CHEVY MALIBU FROM VICTORY PRE OWNED CARS IN DUNLAP, TN. I MADE 9 PAYMENTS ON IT AND THEN IT SLUNG A ROD THRU THE MOTOR — WHICH I HAD TAKEN IT BACK TO THEM AND TOLD THEM SOMETHING SOUNDED FUNNY IN THE MOTOR AND THEY SAID THEY COULDN’T FIND ANYTHING WRONG–SO I TRADED IT BACK IN TO THEM FOR A 2010 FORD FUSION OF COURSE WITH A HIGHER CAR PAYMENT AND INSURANCE PAYMENT–DROVE IT LESS THAN 2 WEEKS TOOK IT BACK IN TO THEM BECAUSE OF THE TRANSMISSION ACTING FUNNY. THEY KEPT IT FOR 3 DAYS SAYING THEY PUT IN NEW SPARK PLUGS, COIL AND TRANSMISSION FLUID. I PICKED IT UP LAST SATURDAY AND DROVE IT. THE PROBLEM IS STILL THERE SO I TOOK IT BACK MONDAY ( ONLY DRIVING IT 3 DAYS) TODAY BEING FRIDAY I FINALLY CALLED THEM AND THEY SAID THEY ARE HAVING TO PUT A TRANSMISSION IN IT AND SHOULD HAVE IT BACK WEDNESDAY. I HAVE ONLY DRIVEN THIS CAR MAYBE 1 WEEK FOR THE MONTH I HAVE HAD IT. I JUST WANT TO GET OUT FROM UNDER IT! IT WAS SOLD WITH A 3 MONTH OR 3,000 MILE WARRANTY —

  8. I Bought a New Ram 1500 new on 5/20/2017 Arkansas only drove it for two weeks it has a oil leak at the back of the engine. The dealer has replaced the oil pan gasket and rear main seal. It has been out of service at the dealership for 29 days. Chrysler engineers are telling the Technician to change the oil pan gasket and rear main seal and see if the leak stops. I took the truck in for repairs on June 6th of 2017 picked it up on June 12th after the dealer said it was fixed. I took the truck back 2 hours later with the same problem. It has been at the dealership from June 6th to July 5 2017. The dealership is telling me that the tech is on vacation and wont be back until 7/6/2017. That tells me that the truck wont be until 31 days in the shop. Do I have a lemon claim.

  9. JUST BOUGHT A 2006 CHEVY HHR EXACTLY ONE WEEK AGO TODAY, YESTERDAY THE CHECK ENGINE LIGHT CAME ON AND CANT GET THE TIRE MONITOR TO GO OFF AND ALL OF A SUDDEN ITS JERKING AND RIDING ROUGH I TOOK IT BACK TO THE BUY HERE PAY HERE LOT THIS MORNING THE MECHANIC THERE PLAINILY TOLD ME THE CAR WAS BOUGHT AT AN AUCTION AND THEY HADNT DONE ANYTHING TO IT OR LOOKED AT IT BEFORE IT WAS SOLD. I DID ASK THE OWNER YESTERDAY CAN I JUST GET SOMETHING ELSE BECAUSE I DONT FEEL SAFE IN THIS ONE AT ALL. HIS REPLY WAS NAW IT DONT WORK LIKE THAT I EXPRESSED MY CONCERN AND TOLD HIM I KNOW THEY ARE SOLD AS IS BUT SHOULDNT IT LAST AT LEAST A WEEK????????????

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