Buying a car or truck is an expensive proposition. With new cars often costing more than $20,000 and car loans averaging nearly six years in duration, it only stands to reason that consumers expect those vehicles to work reliably when they buy them. Sometimes they do not, and for those cases, each of the fifty states has passed an auto lemon law. Those laws were passed to simplify the process by which a consumer with a habitually defective vehicle could seek relief in the form of either a replacement vehicle or a refund of the purchase price. Understandably, dealers and manufacturers are often reluctant to hand over the money or a new car, and frequently offer a variety of excuses for failing to do so.
Here are some of the more common excuses offered by dealers when presented with a defective automobile:
The vehicle is neglected or abused - All fifty states offer exemptions for vehicles from their lemon law statutes if the vehicle has been abused, neglected or modified by the owner in a manner that is not approved by the manufacturer. There are certainly cases where neglect or abuse may apply, but dealers often suggest these problems right away in order to chase the owner away. If you know that you have not abused, neglected, or modified your car, then you know that you still have a valid claim. Don't let the dealer chase you away by simply declaring the vehicle to be misused.
The vehicle's defect is not a significant one - The laws declare pretty clearly what is and is not a qualifying defect. Such defects need not, by definition, be significant; they need only adversely affect the safety, use, or value of the vehicle. These things are best determined by courts of law or arbitration panels; don't let the dealer scare you away by telling you the problem isn't important.
Suggesting that the defect is not actually a defect. In this case, the dealer suggests that the problem is common to all similar vehicles. It's not a defect, so much as a manufacturing problem. It's not your car, the dealer will say, they are all like that. If they are all like that, then the problem can't be a defect, can it? Yes, it can. Don't fall for this one.
Suggesting that you haven't qualified due to an insufficient number of repair attempts. Each state has its own rules for the number of repair attempts that qualify a vehicle as a lemon. You should check with your state's Attorney General's office to find out how many repair attempts qualify a vehicle as defective in your state. Don't take the dealer's word for it; he isn't looking out for you.
It can be difficult, time consuming, and frustrating to file a lemon law claim. Under the laws of your state, you are entitled to a replacement or refund if your vehicle qualifies under the law. Don't expect your dealer to go out of his or her way to offer your refund; you will have to insist upon it yourself. But if you do have a case, make sure that you stand your ground.
Lemon Laws Used Cars
Do you have a car, truck, SUV, boat, computer, or any other consumer product that has had to be repaired multiple times? If you do, you might just have yourself a "lemon". Even if you bought a used car from a dealer, it shouldn't have to be repeatedly repaired and the lemon laws are there to protect you.
Lemon laws were started with just automobiles in mind and then expanded to include all sorts of other electronic consumer products. If you have had trouble with your purchase on multiple occasions, don't let your mechanic or manufacturer try to talk you out of what may be your legal rights. The lemon laws are there to protect you when you need them and all you have to do is understand them. You do have recourse even though you might think that you don't.
These laws give consumers the right to a refund or a replacement if their item cannot be satisfactorily repaired under warranty. In order to qualify for protection under a lemon law, you must have a defective consumer product that has not been able to be fixed within a reasonable amount of repair attempts. The defect cannot be a minor one that does not affect the performance of the product. It must be a major defect that prevents the item from working properly.
Each state has it's own lemon law but they are all similar in that they provide for a refund or replacement should the manufacturer be at fault. The manufacturer is generally allowed several tries to repair the problem and if the problem cannot be fixed, they will then be required to give the buyer a refund or replacement.
Lemon laws are slightly different in all fifty states so it's important to learn the laws in your state. This way you will find out what your rights are and what kind of retribution you are entitled to. If you stand up for your rights you will not only be protecting your purchase but you will also be helping out other customers who might have bought lemons from the same dealer. The lemon laws are there to protect you and to discourage the dealers from selling things that don't work. Businesses who sell lemons to consumers need to be punished, and the lemon laws are there so that they will stop doing business in that fashion. The lemon laws are there to protect you, so use them!
Both Charles Essmeier & Bruce Lipski are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Bruce Lipski has sinced written about articles on various topics from Disease & illness, Interior Design and Gas Prices. Do you think you might have been sold a lemon? Please visit to find out more about your rights and what you can do. You can find out what your rights. Bruce Lipski's top article generates over 90500 views. to your Favourites.
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