You finally make the leap from old, used vehicles to a shiny new automobile. No more trips for constant repairs at least that are what you thought. Now your new vehicle is having constant problems, breaking down over and over again and you are now best friends with the service manager at the dealership.

If your car is a lemon you have consumer rights. State and Federal laws may provide you with compensation. Read on to learn everything you need to know about your legal rights under the lemon law.

What is Lemon Law?

Each state has a lemon law that provides consumers compensation when they have repeat problems with a new automobile. This can be either a car that is repeatedly in the shop for the same repeat problem or a significant number of different issues. There are variations in each state’s laws, but remedies are substantial, including the repurchase of your automobile, having your vehicle replaced, or financial compensation for the decrease in your car’s value.

How to Tell if Your Car Is a Lemon?

When determining whether or not a car is a lemon, the qualifications include a continuous impairment of use, safety, and vehicle value. Qualifications include:

• The vehicle is experiencing a problem that falls within the manufacturer’s warranty
• That the defect happens within a specific time period or within a specific number of miles as listed in your state statute
• That despite reasonable, repetitive repairs the problem persists

In addition to the law covering repeat problems, they also consider a vehicle to be a lemon when service requirements render it not usable for 30 days within 12,000 to 18,000 miles or the first 12-24 months.

The legal rights you have under the lemon law provide coverage for attorney fees to be part of your award when if you win your case. If you believe your consumer rights are being violated or think you have a lemon, contact an attorney to discuss your options.

Does Lemon Law Cover Used Vehicles?

The lemon law is generally written for the purpose of new automobiles. There are exceptions if you purchase a previously owned vehicle that remains under a manufacturer’s warranty. If you are experiencing ongoing problems despite repairs being done, you may have recourse under the Magnuson-Moss Warranty Act.

This act provides protection for anything you purchase with a value of $25 or higher as long as the product has an “express” or written warranty. This means that if your vehicle experiences repeat or multiple defects there may be a breach of warranty.

If you have a new automobile it is preferable to use your state lemon law. The Magnuson-Moss Warranty Act provides fallback coverage for both new car problems as well as previously owned vehicles.

Protecting Your Consumer Rights

When you believe your new car problems fall within the lemon law, there are specific things you can do to increase your chance of success:

• Keep detailed records (date, time, name of person) of your communications with the dealership regarding problems
• Keep detailed records of any communication you have with the manufacturer regarding the problems
• Verify that all information on your repair forms is complete and accurate and keep copies in a safe place
• Make sure you comply with all notice and/or arbitration requirements of your state
• Hire a lemon law attorney to represent you on this matter

Keeping accurate records is important because the lemon law requirements allow automobile manufacturers a specific number of attempts to resolve a problem before the lemon law becomes active. Do not count on the dealership to maintain accurate records. Check everything carefully and have any inaccuracies corrected before you leave the building following each repair.

You also need to be diligent in recording the date, time, and name of every person you speak with regarding the problems with your car. These records will all be important for discovery in the event you are unable to reach a resolution and must proceed to trial.

An attorney that specializes in lemon law cases will be familiar with lemon law and consumer rights law. They will also be comfortable with discovery, litigation, settlement negotiations, and court procedures.

Every State Has Lemons

Every state has cars that are lemons. When you suspect automobile defects that fall within your state’s lemon laws, you need to verify your state’s requirements as the laws are similar but have variations.

For example, if you reside in Michigan there must be a total of four unsuccessful repairs within a two-year period beginning with the day of the first repair or 30 calendar days within a year or warranty. In Pennsylvania, you must have three unsuccessful repairs or 30 calendar days within one year or 12,000 miles. Wisconsin has four unsuccessful repairs or 30 calendar days out of service within one year or warranty.

Your lemon law attorney will be familiar with your state’s laws and coverage. This may also include protection under the Uniform Commercial Code. The UCC provides consumers with the right to receive a replacement or refund if they purchase a lemon.

The problem with the UCC is that it does not specify what constitutes a lemon. It is up to the court to make a determination on what type of compensation you may receive. For this reason, your state’s lemon law is preferable if you meet its criteria.

Do Not Default on a Lemon

While you may have legal standing due to your car is not operating in the manner it should, the law does not release you from your financial obligations on that vehicle. It is important you maintain payments on your lease or car loan throughout the process. You do not want to harm your credit rating or risk repossession.

If you win your lemon law case, your state’s law may provide the ability to cancel or rescind the loan. Your attorney will be able to advise you on this.

Don’t Make Lemonade

When you believe your car is a lemon, seek appropriate legal recourse immediately. With every state having the laws to back your claims, some solid record-keeping should put you on the path to securing your legal rights.

For more great information we invite you to check out our other blogs. You never know when a tidbit of information will help you with a future issue.