Understanding Your Rights: Lemon Law Exemptions And You

Lemon laws are a type of law that holds manufacturers responsible for selling defective vehicles. In the US, every state has its own lemon law, and the Magnuson-Moss Warranty Act serves as a federal lemon law. While lemon laws typically apply to new vehicles, some states also cover used vehicles. If your vehicle is a lemon and the lemon law doesn't apply, you may still have legal recourse. You can consult a specialised lemon law attorney to determine your options, which may include arbitration or filing a lawsuit. It's important to act quickly and gather all the necessary documentation to support your claim.

Lemon laws may apply to all types of consumer products that include warranties

Lemon laws are regulations that protect consumers who purchase defective vehicles or other consumer products that do not meet their purported quality or usefulness. While the term "lemon" is mostly used to describe defective motor vehicles, lemon laws may apply to all types of consumer products that include warranties. This includes vehicles, boats, electronics, appliances, and even pets.

Lemon laws are based on two types of warranties: express warranties and implied warranties. An express warranty is a specific promise about product repair, usually made in writing by the manufacturer, distributor, or seller. An implied warranty, on the other hand, arises from the manufacturer's duty to meet certain minimum standards of quality, assuring that the product is fit for its intended purpose.

The Magnuson-Moss Warranty Act, enacted as a federal law in 1975, protects citizens of all states and covers all consumer products that cost more than $10 or $15, depending on the source. This law ensures that manufacturers honour their warranties and provides consumers with a means to enforce these obligations.

State lemon laws may also cover a variety of consumer goods, depending on the jurisdiction. For example, the California Song-Beverly Consumer Warranty Act is a broad lemon law that covers vehicles, boats, electronics, and appliances. In contrast, the North Carolina Lemon Law applies specifically to new cars, trucks, motorcycles, and vans.

To establish a valid lemon law claim, certain elements must typically be met. These may include:

• The presence of a defect covered by the warranty, which substantially impairs the product's use, value, or safety.
• The manufacturer or authorised repair facility was given a reasonable number of repair opportunities, usually at least two or more.
• The product has been out of service for repairs for a specified period, often 30 days or more.
• The defect was not a result of the consumer's unreasonable or unauthorised use.

You can still file a claim for a used product if it had a warranty or if repairs were promised

If you've purchased a used product that has a defect, you may still be able to file a claim if it had a warranty or if repairs were promised. Here are some steps you can take:

• Check the warranty: Review the terms of the warranty to understand what it covers and how to file a claim. The warranty should specify the time frame and any limitations on coverage.
• Contact the seller or manufacturer: If the defect falls within the warranty period, reach out to the seller or manufacturer to report the issue and request repairs. Keep detailed records of your communications and attempts to resolve the problem.
• Understand your rights: In the United States, laws in every state create implied warranties, which are unspoken promises that cover almost everything you buy. This means that even if there is no express warranty or if the warranty has expired, you may still have recourse under an implied warranty of merchantability. This warranty implies that the seller promises the product will do what it's supposed to do and be free from significant defects.
• Seek legal assistance: If the seller or manufacturer is unresponsive or refuses to honour the warranty, consider consulting a specialised lemon law attorney or a consumer protection lawyer. They can advise you on your rights and help you navigate the claim process.
• File a complaint or consider legal action: If all else fails, you may need to take more formal steps. You can file a complaint with the relevant government agencies, such as the Federal Trade Commission (FTC) or your state attorney general's office. In some cases, you may need to consider taking legal action, especially if the product is a big-ticket item or has caused significant harm.

A problem may occur during the warranty period that is not repaired before it expires

If a problem occurs during the warranty period and is not repaired before the warranty expires, you may still be able to seek relief under lemon laws. However, a lemon lawyer can evaluate your particular case to see if this applies.

Lemon laws are designed to protect consumers from defective automobiles. All states have a lemon law, and the Magnuson-Moss Warranty Act functions as a federal lemon law.

To qualify as a lemon under most state laws, the car must:

• Have a substantial defect covered by the warranty.
• Not be fixed after a reasonable number of repair attempts.

The definition of a "reasonable" number of repair attempts varies. Generally, a serious safety defect must remain unfixed after one or two repair attempts. If the defect is not a serious safety issue, it usually must remain unfixed after three or four repair attempts, though this number varies by state.

Additionally, if your vehicle has been out of service for repairs for more than 30 days, it may qualify as a lemon.

If your vehicle meets the criteria of a lemon, you should consult a specialised lemon law attorney as soon as possible. They will be able to guide you through the process of seeking compensation, which may involve arbitration or a lawsuit.

The key question in a situation involving a lemon is whether a reasonable amount of repairs were attempted

The definition of a "reasonable" number of repair attempts is somewhat ambiguous and can vary depending on the state, the type of product, the warranty, and other factors. However, in most cases, the manufacturer is allowed at least three chances to resolve the issue. Some states consider a vehicle a lemon if it has been out of service for repairs for a total of 30 days, while others have specific time and mileage requirements, such as four repair attempts within the first 24 months or 24,000 miles.

It's important to note that the definition of "reasonable" may differ between consumers and manufacturers. Consumers may consider a smaller number of repair attempts to be reasonable, while manufacturers may argue for a higher number. This ambiguity can be exploited by attorneys to delay proceedings. Therefore, it is advisable for consumers to be patient and allow the dealer to attempt as many repairs as they are willing to perform. Getting written confirmation that the dealer is unable to resolve the issue after multiple attempts can strengthen the case that a reasonable number of repair attempts have been made.

In addition to the number of repair attempts, other factors that may be considered in determining reasonableness include the nature of the defect, whether it poses a serious safety hazard, and whether it substantially impairs the vehicle's use, value, or safety. Consulting with a specialised lemon law attorney is highly recommended to navigate the specific laws in your state and build a strong case.

Even if your vehicle is fixed, you may still be able to take legal action and file a lemon law claim

Lemon law claims are a common occurrence across the US as auto sales rise and reliability decreases. A lemon law claim is when a consumer is sold a defective product (usually a vehicle) covered by a warranty given by the seller, manufacturer, or distributor. The claim requires the warrantor to provide a refund (buyback) or replace the consumer good with a working one.

To establish a valid lemon law claim, the following elements are usually required:

• The vehicle has/had a defect covered by the warranty, which substantially impairs the vehicle's use, value, or safety to a reasonable person in the consumer's specific situation.
• The manufacturer, through its local authorized repair facility, was given at least two or more repair opportunities.
• The vehicle has been out of service for repairs for more than 30 days.
• The substantial defect was not a result of the consumer's unreasonable or unauthorized use.

It's important to note that the legal requirements for a successful lemon law claim vary from state to state. For example, in many states, lemon law may not apply to used vehicles, while in states like California, lemon law applies to used cars as long as they are sold with an express warranty.

Additionally, the first time you realize your car has a problem (while still under warranty) may not automatically qualify it as a lemon. Upon discovering an issue, the manufacturer may have several opportunities to remedy the problem.

If you believe you have a valid lemon law claim, it is crucial to consult with a specialized lemon law attorney who can guide you through the process and protect your rights.

Frequently asked questions