Lemon Laws - Documentation Is The Key
There is nothing worse than realizing that the vehicle you purchased is not running the way it should, and in fact this can be downright dangerous. Fortunately, all states have a lemon law which allows consumers to address financial and legal issues that may result if they have bought a defective automobile. A vehicle may be considered a lemon if it continues to have a defect that substantially impairs the vehicle?s use, its value or your safety. Generally, if the car has been repaired 4 or more times for the same defect within the warranty period, and the defect has not been fixed, the car qualifies as a lemon.
?Lemon? is not a term that can be applied simply because you no longer like certain aspects about your car, and it does not refer to all defects the vehicle may have. If the transmission doesn?t work, the car won’t go into reverse, the rear door opens all by itself, the driver’s seat wobbles, or the car can?t reach minimum required highway speed, then you may have a lemon. It is essential however, that the dealer has been given an opportunity to correct the problems before the courts will determine the automobile is a lemon. In most states, ten different defects during the warranty period won?t classify the car as a lemon. In some states, a single defect that might cause serious injury could qualify your car as a lemon; if the manufacturer hasn?t fixed the problem after 1 repair attempt.
If you think you may have purchased a lemon car, the key to winning your case is documentation. Keep any receipts and records for the repair of the defects in your vehicle, and any receipts pertaining to the vehicle?s breakdown (such as cab fare). Retain any notes you write to the company, as well as names of employees you have talked to about the problems. Any costs or problems caused by the buyer?s neglect or abuse will be specifically excluded by State Lemon Laws.
Purchasing a lemon is an unfortunate but not irreparable circumstance if you follow the correct lemon law procedures. Be diligent with your documentation, even during the frustration. Read your state?s lemon law and follow the documentation requirements to the letter. If you must hire an attorney, this will not only save you tremendous time, but some States provide some portion of attorney?s fee in lemon law resolutions.
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