Lemon Law Summary

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The Lemon Law may seem complex, but really it can be summed up in a just one sentence: "If your car is a lemon, it means that it continues to have the same defect or defects that substantially impair its use, value, or safety."

Under the lemon law description, repairs of the vehicle's defects must occur within the vehicle warranty period or extended warranty period. It's important to keep in mind that if a defect is not covered by the vehicle warranty in the first place, it will not be covered.

The first thing to do, if you think your car is a lemon and fits under the lemon law description, is make sure that the person or maintenance shop that repairs it puts your concerns and the description of the problem in writing. Read what the service person writes on paper before the repair is done. And, make sure you agree with what was written. Also, make sure the document is signed by an authoritative person at the maintenance facility.

When you pick up your car from the repair shop - each and every time you take it there - make sure to check the repair, the report that was written by the service person, and note the mileage on the vehicle. If the car has to be returned to the repair shop again for the same problem, make sure to describe the issue using the same terminology used the previous time. This will be essential "evidence" when trying to make use of the lemon law.

A "lemon" car is one that does not measure up to the promises made by vehicle warranty or the extended warranty and cannot be repaired after a reasonable number of attempts to fix it. At least four visits to a repair shop to fix the same problem is considered a "reasonable number" in most states. You may be frustrated with this number of visits, but you will unlikely be able to claim your car under the lemon law if you don't follow the standards.

A Federal Law, similar to the lemon law, protects buyers who purchase products over $25 and includes a written express vehicle warranty. This law is called the "Magnuson-Moss" Warranty act. Almost all state lemon law statutes are similar to this act. However, all states have their own specific vehicle warranty acts. So, if your vehicle is not considered a lemon law vehicle in your state, you still may be able to get help via the Magnuson-Moss Act.

Before you can be completely sure that your vehicle is a lemon, you must determine if it is qualified under the provisions for lemon law. If your car is used for business purposes only, it will not be considered a lemon law vehicle no matter what the vehicle warranty says. Also, if the vehicle has unrepairable problems, but those problems are not covered in the vehicle warranty or extended warranty, the car will also not qualify.

If not disqualified, do your homework and keep your records. Your lemon law attorney may be able to help you with your problem.

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