No one buys a new vehicle expecting it to break down time and time again. However, these days consist of corporate finger-pointing and not wanting to take responsibility for any potential problems. Consumers have to take care and trust no one but themselves when it comes to a car lemon and they have to arm themselves with the latest on their state's car lemon law. Unfortunately, that means always being diligent about documentation and keeping paperwork, no matter what is involved.
According to most lemon laws, a vehicle is considered a lemon when it has a defect or malfunction that continually pops up despite repairs and could be a potential hazard to the driver's safety. Every state is different and has special requirements on the number of times a vehicle should be brought in for service for the same defect before it is considered a car lemon. The lemon law of California states that four attempts should be made to repair the same defect. However, the lemon law of Florida states that it is three attempts.
It is every man for himself, so that is why documentation is so important. Sometimes, the vehicle you bought new is not presumed a lemon until the warranty is out of date or the number of miles on the odometer is over the limit specified in your state's lemon law. The documentation you keep - repair visits, routine maintenance, etc. - will help uphold your rights under the car lemon law.
When you are getting warranty work done on your car, make notes on each and every person you talked with about your maintenance and repairs. Ask for quotes as well as actual work done in writing. Just because some repair work may have been done under warranty and therefore covered by the manufacturer does not mean you are not entitled to an invoice. The burden of proof lies with you.
Another tip is to have the authorized repair center make note of your complaint on your invoice. Make sure that every time you receive a receipt or any piece of paper with your car statistics that it has your car's odometer reading listed too. Write down the date and time of all of your phone conversations. Sometimes, managers and other decision makers will claim that they did not receive any messages from you. Be sure to get last names and employee titles where applicable. It will be harder for anyone to 'pass the buck' with your documentation.
As a consumer, you have certain rights under your state's lemon laws. If you have any trouble with the manufacturer making good on your car, you can consult with lemon law attorneys. They will help you understand your rights. The lesson to be learned when buying a new car, is always expect a car lemon. That way you will be prepared for anything that happens.
Used Car Lemon Guide
United States car lemon laws were enacted to protect consumers against buying defective, unrepairable vehicles. The major automobile manufacturers mass-produce their products, and generally the quality control is very good. However, when you connect more than a few parts together, you have a chance for a lemon.
What is a lemon car? A lemon or lemon car is an automobile that has a defect that cannot be repaired by the consumer after a reasonable number of attempts. Alternately, if the car has been in a repair garage for 30 calendar days or more for repairs on the same defect, it may also be classified as a lemon car. The term can also apply to a vehicle in which the defect negatively affects the value and safety of the vehicle. Car lemon laws vary by state, so you should consult your own state laws to determine the exact definition that applies to you.
Why is a terminally defective car called a lemon? One can only speculate why the name of a tart yellow citrus fruit came to be associated with defective cars. Lemons are very sour in taste, and traditionally sour tastes have been associated with bad luck. If something negative happens to a person, he or she might say, "It left a sour taste in my mouth." A salesperson whose big deal falls through might say, "The deal went sour." It seems plausible that the sour taste of the lemon, with its negative connotations, was used to coin the phrase "lemon car" to describe a car purchase gone sour.
Why were lemon laws needed to protect car consumers? Look at the general definitions of lemon cars shown above. Some quick math will show that a lemon car can be an extreme financial hardship. The last time you picked up your car from the repair garage, were you happy with the bill, or were you dreading it? A car with four to six (or more) attempted repairs, with all the parts and labor charges, can easily add up to thousands of dollars. If your car is stuck in a repair garage for 30 days or more, with the mechanics billing hour after hour of labor, the bill might approach the price of the car itself!
If your car meets your state's lemon car criteria, you have the right to seek a refund or replacement from the car manufacturer (not the dealer from which you bought it). You are probably entitled to be reimbursed for related costs such as towing, rental cars, and maybe even long distance calls to the manufacturer. Be absolutely sure to keep all bills and invoices related to your attempts to get your car repaired.
If you decide to proceed with a lemon law claim against the manufacturer, it is beneficial to consult with a lawyer that specializes in lemon law cases. A lawyer can help make the stressful process go more smoothly. No doubt are already stressed enough over your lemon car.
Some states have passed lemon laws to protect consumers against defective purchases of boats and even pets. Regardless of the origin of the term, lemon laws are here to protect you. The car manufacturers can hire teams of expensive lawyers, and they know you can't. Car lemon laws help to level the playing field in your favor.
If the guys at the car repair shop know you by your first name, you should consider the lemon law tips below.
Both Earl Powers & Doug Smith 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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