Service Engine Light: Lemon Law Loophole?

A constant service engine light can be a frustrating issue for car owners, and it's important to know your rights if you find yourself in this situation. In the United States, lemon laws provide consumers with clear recourse if they purchase a defective vehicle, commonly known as a lemon. These laws vary from state to state but generally offer protection for new and, in some cases, used vehicles with substantial defects that occur within a certain time frame or mileage. A constant service engine light could indicate a serious problem, and failing to address it may impact your rights under lemon laws. It is always best to consult with a qualified attorney to understand your specific situation and legal options.

What to do if your car's check engine light keeps coming on

If your car's check engine light keeps coming on, it's important to take action to address the issue. Here are some steps you can take:

• Don't ignore the light: While it may be tempting to put off dealing with the issue, especially if the light is steady and not flashing, it's important to address the problem promptly. Ignoring it could lead to larger, more costly issues down the road.
• Check for any easy fixes: Start by checking the gas cap to ensure it is screwed on tightly. A loose gas cap can affect the vehicle's emission control systems and is a common reason for the check engine light to turn on.
• Review maintenance records: Contact any recent mechanics or body shops to see if they can help determine the source of the issue. It may be something as simple as manually resetting your vehicle's system.
• Investigate for anything abnormal: Look for unusual odours, strange noises, or changes in the vehicle's performance, such as a rough idle or reduced fuel efficiency.
• Consult a professional: If you are unable to easily identify and fix the issue, take your vehicle to a repair shop or mechanic. They have the tools and expertise to diagnose and address the problem.
• Consider legal options: If the check engine light persists and the dealership or manufacturer cannot resolve the issue, you may have legal recourse under lemon laws, which vary by state. Consult a qualified attorney to discuss your specific situation and legal options.

Remember, the check engine light is an important indicator of a potential problem with your vehicle. Taking prompt action to address the issue will help ensure your safety on the road and may prevent more costly repairs in the future.

What constitutes a lemon car in Canada

Unlike the United States, Canada does not have a national definition for what qualifies a vehicle as a "lemon". Instead, the criteria for what constitutes a lemon car differ between provinces. Generally, a car may be considered a lemon if it has spent extensive time in the repair shop for the same issue or has had multiple unsuccessful repair attempts for a major defect.

In Quebec, a vehicle is considered a lemon if it has undergone three failed attempts to fix the same defect within 12 months or 12,000 km of purchase. This is considered the strongest lemon law in North America, as it provides full purchase price reimbursement or a replacement vehicle to consumers with lemons, putting the onus on automakers.

In Ontario, a vehicle that has spent more than 30 days in the repair shop for the same problem may be considered a lemon. Other provinces like British Columbia, Alberta, and Nova Scotia lack a specified legal definition, but consumers can demonstrate a flawed vehicle through detailed service records showing excessive days out of use for repairs.

While there is no federal lemon law in Canada, consumers who believe they have purchased a lemon car can seek recourse through provincial regulations, the Canadian Motor Vehicle Arbitration Plan (CAMVAP), or legal action through small claims court.

To build a strong case for a lemon law claim in Canada, it is important to keep detailed repair invoices, records of days the vehicle was out of service, and correspondence with the dealer and manufacturer. Getting third-party inspections and diagnoses, as well as notifying the dealer and manufacturer of the issues, can also strengthen your case.

What to do if you've bought a lemon car

If you've bought a lemon car, there are a few steps you can take to try and resolve the issue. Here's a guide on what to do if you find yourself in this unfortunate situation:

Understand Lemon Laws

First, it's important to understand what lemon laws are and how they can protect you. Lemon laws are designed to protect consumers from being stuck with defective vehicles. These laws vary by state but generally require that the vehicle has a "substantial defect" that occurred within a certain time after purchase and continues to persist after a "reasonable number" of repair attempts. In most cases, lemon laws cover new vehicles under manufacturer warranty, but some states also include used vehicles.

Document Everything

Keep track of all paperwork and documentation related to your vehicle. This includes receipts, repair estimates, correspondence with the seller or dealership, and any third-party findings, such as recalls or technical service bulletins. Having a comprehensive record of your vehicle's issues will be crucial when making a lemon law claim.

Contact the Seller or Dealership

Before taking legal action, it's important to first try and resolve the issue with the seller or dealership. Send a certified letter to the seller, outlining the issues you've been experiencing, the steps you've taken to address them, and your desired outcome. Templates for these letters can be found online and should be personalized to fit your specific situation.

Consult a Lawyer

If the seller or dealership is unwilling to cooperate or disputes your claim, it may be time to consult a lawyer. Lemon law attorneys can help you establish and present your case, and in many cases, consumers who have won lemon law cases have received a replacement vehicle or a refund, along with reimbursement for any legal fees.

File a Complaint

In addition to legal action, you can also file a complaint with organizations such as the Better Business Bureau (BBB), your state's attorney general, or the Federal Trade Commission (FTC). This can help bring attention to the issue and potentially prevent others from experiencing a similar situation.

Arbitration

Before taking legal action, you may be required to go through an arbitration process. Arbitration is a non-judicial process where a mediator analyzes both sides of the dispute and decides on an appropriate remedy. While arbitration can be a less costly and quicker alternative to a lawsuit, it's still advisable to hire a lawyer to help you through this process.

Know Your Rights

It's important to know your rights as a consumer when dealing with a lemon car. National laws, such as the Magnuson-Moss Warranty Act, allow car owners to sue for breach of warranty if their state does not have specific lemon laws in place. Additionally, dealerships are required to disclose if a car is a lemon before selling it, and they are usually given a limited number of attempts to remedy the issue before offering a refund or replacement.

What to do if your used vehicle is a lemon

If you've bought a used vehicle and believe it to be a lemon, there are a number of steps you can take to rectify the situation. Here is a guide on what to do:

Understanding Lemon Laws

First, it's important to understand what constitutes a lemon. A lemon is a vehicle with a substantial defect that the manufacturer or dealer cannot fix within a reasonable amount of time. The specific definition of "substantial defect" and "reasonable amount of time" can vary depending on the state or country you are in, as lemon laws differ by jurisdiction. In the US, federal lemon laws can be found in Title 15, Chapter 50 of the U.S. Code, Sections 2301-2312, also known as the Magnuson Moss Warranty Federal Trade Commission Improvements Act. This law covers consumer products with written warranties. Additionally, individual states may have their own lemon laws that complement the federal legislation.

Documenting the Issue

If you believe your used vehicle is a lemon, it's crucial to keep detailed records of all issues and interactions related to the problem. This includes maintaining copies of all correspondence with the automaker, dealer, or mechanic, as well as receipts and work orders from any repair attempts. It's also helpful to research whether other drivers have experienced similar issues with the same make and model of vehicle. Online resources like the Carfax Vehicle Recall Check page and the National Highway Traffic Safety Administration (NHTSA) website can provide valuable information in this regard.

Contacting the Dealer or Manufacturer

The next step is to contact the dealer or manufacturer in writing, outlining the problem and requesting a remedy. If the issue is minor, they may offer a free repair. However, if it is a major problem, you have the right to request a repair, replacement, or refund. It's important to note that you may need to provide the dealer with a reasonable number of attempts to repair the issue before taking further action.

Considering Arbitration or Legal Action

If the dealer or manufacturer fails to address the issue to your satisfaction, you may need to consider arbitration or legal action. The Magnuson Moss Act encourages companies to set up informal dispute-resolution programs, so it is recommended to go through arbitration before pursuing a lawsuit. Arbitration is a free process where a mediator analyzes both sides of the dispute and decides on an appropriate remedy, such as a replacement vehicle or a refund. If you are unsatisfied with the arbitrator's decision, you may have the option to appeal and take the matter to civil court.

Seeking Legal Advice

When dealing with a potential lemon, it is advisable to consult with a qualified attorney, especially if the manufacturer or dealer is being uncooperative or disputing warranty coverage. An attorney can guide you through the specific lemon laws in your state and help you build a strong case. Additionally, they can assist in navigating the arbitration process and ensure your rights are protected.

Avoiding Buying a Used Lemon

If you are in the market for a used vehicle, there are some precautions you can take to avoid purchasing a lemon. A Carfax Vehicle History Report can be a valuable tool, as it discloses ownership history and service records. Look for red flags such as multiple repairs for the same issue or the vehicle being repurchased by the manufacturer. Additionally, checking the title of the vehicle can provide insights, as some states require lemon cars to be branded as such.

In summary, if you find yourself with a used vehicle that turns out to be a lemon, stay diligent in documenting issues and interactions, know your rights under applicable lemon laws, and don't hesitate to seek legal advice if needed.

What to do if your new vehicle is a lemon

If your new vehicle is a lemon, there are a number of steps you can take to seek recourse. Firstly, it is important to understand what constitutes a lemon. A lemon is a vehicle with manufacturing problems or defects that significantly impair its use, value, or safety and cannot be fixed after a reasonable number of repair attempts. The defect must be a manufacturer's default and not the result of the driver's use or abuse of the vehicle.

• Understand Lemon Laws: Lemon laws vary by state/province, so it is important to familiarize yourself with the specific laws in your region. In the United States, every state has enacted some form of lemon law to protect consumers from defective vehicles. These laws outline the criteria for a vehicle to be considered a lemon, which typically includes having a substantial defect covered by warranty and persisting after a reasonable number of repair attempts.
• Keep Detailed Records: It is crucial to maintain detailed records of all issues and repair attempts related to your vehicle's defect. This includes documentation of repair attempts, dates when issues arose, and any correspondence with the manufacturer or dealer. Such records will be essential if you need to pursue legal action.
• Contact the Manufacturer: The first step in seeking a refund or replacement is to contact the manufacturer in writing. Provide a comprehensive summary of the issues, including a timeline of events, repair attempts, and any relevant correspondence. You can find template letters online to guide you through this process.
• Consider Arbitration: If the manufacturer does not offer a satisfactory settlement, most states require that you go through arbitration before proceeding to court. Arbitration is a non-judicial process where an impartial arbitrator analyzes both sides of the dispute and decides on an appropriate remedy. While you can go through arbitration on your own, it may be beneficial to hire an attorney, as manufacturers typically have legal teams specializing in lemon law cases.
• Seek Legal Action: If arbitration is unsuccessful or not required in your state, you may need to take legal action by filing a lawsuit against the manufacturer. Lemon laws can be complex, and having an experienced attorney on your side can increase your chances of success. Additionally, many states' lemon laws require the manufacturer to pay your attorneys' fees if you win the case.
• Prevent Future Lemon Purchases: While it is challenging to identify a lemon before purchasing it, there are some steps you can take to minimize the risk. Ensure that the vehicle has not been subjected to any recalls and that all necessary repairs have been made. Research the car's history report using services like CARFAX to uncover any previous issues, accidents, or lemon labels.

Frequently asked questions