Lemon laws are made by United States state laws to help car consumers whose cars repeatedly fail to meet certain standards of quality and performance. The position of such cars is called lemons. The Magnuson-Moss Warranty Act or federal lemon law protects every one of all states and they vary by state. Lemon law may not cover used or leased cars. The Lemon law rights managed to consumers may go beyond the warranties expressed in purchase contracts. Lemon law is just a common nickname for these laws buy every state have their own different names for such laws and acts.
In California, anything mechanical is covered by lemon laws as well as the federal lemon laws. The federal lemon law provides that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.
Used car purchases: If anyone purchased a used car then there are two situations where he is qualified for cash or other lemon law benefits:
Situation #1: One may be entitled to compensation for breach of warranty if he had one of the following Warranties:
a) 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). b) The vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year). c) He 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 he does not have a manufacturer's warranty of any kind he 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; Previously salvaged or wrecked; Fraudulently rolled back odometer; Rental car, police car, taxi, etc.; Stolen, stripped and rebuilt; and/or Involved in a flood.
Since Lemon Laws vary from state to state so accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.
"As is" purchases: If a person knowingly purchase a car in "as is" condition then he accepts the defects and void his rights under the lemon law.
Other lemon laws: Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.
If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).
Lemon laws are U.S. state laws that offer remedies to consumers for products such as boats, cars, computers, motorcycles, refrigerators, RVs, etc. that frequently fail to meet the set standards of quality and performance. These products are commonly referred to as ?lemons?. There are both state and federal lemon laws that protect the interests of consumers. The rights afforded to consumers by lemon laws may exceed any warranties expressed in purchase contracts.
The California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement.
If you purchase or lease a vehicle in California and then discover that it has defects that substantially affect its safety, use or value, California State Lemon Law may help you gain satisfaction from the vehicle's manufacturer. Under the California Lemon Law, new cars, leased cars, pre-owned cars, RV's, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a "lemon", and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.
Circumstances in which the consumers seek protection under California Lemon Law:
The defect of the product is a manufacturing defect The vehicle has been repaired at least four times and still the defect persists. The defect is detected but not repaired within the period of 18 months or 18,000 miles.
There are several steps that the consumer must take to effectively use the lemon laws of California State. (1) Keep a detailed repair record, complete with dates of the repair attempts, when the vehicle was out of service, and a list that explains exactly what the trouble is, such as "cutting off" or "stalling"; (2) send a certified, return receipt requested letter to the manufacturer's consumer relations office and the manufacturer's nearest regional office listed in your manual; (3) after you have followed the previous steps and met the criteria as defined by your state's lemon law, request a refund or replacement, less depreciation, of the vehicle.
Differing from some laws in other states, the California Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the California Lemon Law, vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle's manufacturer needs to be notified of the unsatisfied buyer's intention of sale or trade.
Both Ibrahim Lodhi & 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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