Lemon law
From Wikipedia, the free encyclopedia
Lemon laws are United States state laws that remedies to consumers for automobiles that repeatedly fail to meet certain standards of quality and performance. These vehicles are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased vehicles. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.
In California, lemon laws cover anything mechanical, including a toaster, as does the federal lemon law. The federal lemon law also provides the warrantor may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.
Engine problems
- Transmission problems
- Water leaks
- Paint defects
- Electrical problems
- Brake problems
- Steering problems
- Vibrations
- Bad smells
- Rattles
- And many other defects
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[edit] Used car purchases
If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:
Situation #1: You may be entitled to compensation for breach of warranty if you had one of the following Warranties:
- Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
- Your vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
- You purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer's Warranty Exists If you do not have a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:
- Laundered Lemon (or prior history of mechanical problems known to the seller);
- Previously salvaged or wrecked;
- Fraudulently rolled back odometer;
- Rental car, police car, taxi, etc.;
- Stolen, stripped and rebuilt; and/or
- Involved in a flood.
Online resources such as americanlemonlawcenter.com or kahnandassociates.com provide additional and expanded information to consumers regarding lemon laws across the United States.
[edit] "As is" purchases
If you knowingly purchase a car in "as is" condition you accept the defects and void your rights under the lemon law.
[edit] Technical service bulletins
Technical service bulletins are instructions from the manufacturer that alert dealerships of specific defects or necessary repairs in certain models. If you don't ask your dealer might not present you with this information, so speak up and ask your technician to write your request on the repair order.
[edit] Other lemon laws
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws. LemonLaw is also a rock band from Rochester New York under Smoothie Records
[edit] In popular culture
In "The Duel", a first season episode of CBS's How I Met Your Mother, the character of Barney devises a "lemon law" in which the lemons are blind dates rather than automobiles. It worked in that if you didn't like the person in 5 minutes, you could end the date so no one's feelings would be hurt. It backfired on Barney when a woman sat down, took a good look at him and said "I'm sorry, but I'm going to have to lemon law you."
[edit] External links (government)
- CA - California's lemon law - State of California
- CT - New Car Lemon Law Program - Department of Consumer Protection
- DC - District of Columbia's lemon law - District of Columbia
- SC - South Carolina's lemon law - State of South Carolina
- TN - Tennessee Division of Consumer Affairs
- TX - Texas Dept. of Transportation
- UT - Utah's lemon law - State of Utah
- WA - Washington's lemon law - Washington Attorney General
- WI - Wisconsin's lemon law - Wisconsin Department of Transportation
[edit] External links (Information and organizations)
- Better Business Bureau - Help With Your Lemon Law/Auto Warranty Problem - Mediation and Arbitration for many brands, plus law summaries for all US states
- Vehicle Buyback Disclosure Project - FTC - Public Form on Vehicle Buyback Disclosures.
