The definition of Lemon Law is when a car that gives you grave problems right after you buy it. The defect must be extensive and must occur within a certain time or mileage period, usually 12,000 miles or one year. Usually People get the option of getting a refund or a replacement vehicle for a lemon, but they might have to go to arbitration or court to exercise this option.
Lemon Law refers to the statement from the government which is created to protect clients or customers from defects in automobile. An automobile that has manufacturing defect(s) or requires constant repairs after purchase and if the automobile is under the period of warranty, then the vehicle is termed as a lemon.
If any vehicle such as a car is under warranty period and is suffering from a range of faults that prevent a user to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.
Lemon law can be enforced on any vehicle be it car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables.
A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also valid to vehicles that have been resold and are still under warranty.
To make certain whether a vehicle is a lemon or not one should study certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should also be issued to the manufacturer prior to a lemon law suit.
The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.
The is a law designed to protect consumers who purchase or lease warranted motor vehicles. If it is determined that a motor vehicle is a ?lemon", the motor vehicle's warrantor must repurchase or replace the motor vehicle from the buyer.
The act applies to defective motor vehicles as well as motorcycles, boats, recreational vehicles (RV's) and even to appliances and any other consumer product sold with a warranty.
Under the , if you took your New Car or Used Car, Truck, Van, RV, Motorcycle or Boat in for repair during the manufacturer's warranty period and you gave the dealer a reasonable number of attempts to repair the vehicle and it continues to malfunction, you may be entitled to your money back or to a new replacement vehicle at little or no cost to you. It does not matter if you purchased or leased the vehicle. You may even qualify if the vehicle was purchased or leased primarily for business use.
The also applies to a used vehicle if it was sold with a warranty (including a portion of the original manufacturer's unexpired warranty). What constitutes a reasonable number of attempts depends on the circumstances of each case.
For example a safety related problem may require only one or two attempts to be considered "reasonable" whereas other types of problems may require more attempts. The law also requires the vehicle to have a defect which substantially impairs the vehicle's use, value or safety.
The also requires that the automobile manufacturer pay for the consumer's hourly attorney's fees on a meritorious claim. This makes the law economically feasible for those who would otherwise not be in a position to hire an attorney.
If you have a defective vehicle or defective consumer products and you think that you might fall under the protection of the ? contact the attorney's of The Krohn & Moss Consumer Law Center for a Free Case Review.
Our attorneys have handled thousands of lemon law claims and have experience with the laws specific to California.
Both Dr. D.s. Merchant & Stewart Wagh 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.
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