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Lemon Law

In the 1800s, people used the term “lemon” to describe someone who was sour and unfriendly. A century later, it came to refer to “worthless” goods. The lemon law protects unsuspecting consumers from purchasing a dud of a car, van, truck, motorcycle or boat. Defective products are usually protected by state laws so dealers don’t keep peddling unsafe products and making our roads or waters more dangerous. There are federal laws and local laws, which vary from state to state to govern these transactions. Consumers can qualify for a replacement or money back in some cases.

The federal law defines a lemon as any new vehicle that has a serious defect that isn’t fixed within “a reasonable number” of attempts or after “a certain number of days” out of service. Under the Magnuson-Moss Warranty Act, the buyer is protected for any product costing more than $25 that comes with a written warranty. The Uniform Commercial Code allows for consumers to get a refund or replacement for “lemon” products. As one can see, these federal laws are vague at best. It’s the state-specific laws that really specify what restitution is given for the defect and what constitutes as a lemon purchase.

At www.lemonlawamerica.com or www.carlemon.com, consumers can get detailed state lemon law information. Many people feel the laws should be stricter. Unfortunately, there is a large amount of hassle involved, even though people are technically shielded by the consumer protection laws. Usually, the buyer must take the vehicle into a repair shop up to four times in the first 24,000 miles of ownership before a complaint can be filed. Also, the lemon law mandates that detailed records be kept or else all protection under the law is usually lost. Often times, even if the case is won, the dealer may still deduct value for the miles that have been driven.

To be eligible for lemon law protection, the consumer must have copies of documentation regarding the vehicle and its history. For instance, the initial purchase contract, warranty book and manual should all be kept. Also, all the paperwork from any repairs that needed to be completed should also be held onto. This will show exactly how much work has been done on this supposedly “fine” vehicle. Many consumers elect to take written notes of conversations with dealership representatives and repair technicians. Sometimes a particular problem is simply associated with a particular vehicle, so Technical Service Bulletins should be looked up to see if this applies to the consumer’s purchase. It often helps a case to write up a timeline that clearly shows each repair by date, as well as the number of times the vehicle has been serviced or taken off the road for repairs. Even if dealers or mechanics advise against seeking the lemon law for protection, there is still a chance the consumer may qualify, so a licensed attorney should be contacted instead.

Rene Lacape is a well trained insurance broker. He has been handling many kinds of insurances for the past many years. He still does well in his chosen field and is sure to help more people who will need his expert advice. Contact him now.

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