What is Lemon Law?

What do I mean when I say “My car is under lemon?” It refers to the major defects in your car that deteriorates its usage, safety and value. In such a case, there are Lemon Laws to protect the consumers.

Now you must be wondering what a Lemon Law does. Lemon Laws are meant to obligate the seller or the manufacturer of the product to refund, repair or replace the defective product to the consumer. The Lemon Laws protect the purchaser of the defective new vehicle within its warranty period of the purchase. The Law is only applicable provided the consumer replaces the car within a specific given time limit. The manufacturer or the seller would provide the consumer with a new car or completely refund the full cost price.

There are certain key factors that need to be kept in mind to opt for a Lemon Law. These key factors are:

1. The purchaser can’t complaint of minor issues which do not affect the usage and its safety such as funny noises, certain lights, etc. The consumer can not be protected under the lemon law in case there is anything in the car which the consumer does not prefer. These decisions should be made during the time of the purchase and the seller or manufacturer can not be blamed for it.
2. The second factor is that the defect has to affect one of three or all the areas; safety, usage and value. If it’s a major defect then it has to affect any one of the three.
3. Even if you have several defects during the warranty period, it does not mean your car is lemon. But a single serious problem can prove your car lemon if the manufacturer can not fix it in the first go.
4. The manufacturer might take more than one chance to fix the problem.

In case the dealer refuses to repair or replace your vehicle, you are entitled to a legal Lemon Law help. When the dealer assures the buyer with a warranty during the purchase of the car, he is committed to provide all the after sales services. In case the manufacture doesn’t abide by the obligations, check with a trusted expert attorney. It is advised to possess all the required documents of the purchase of the car for further actions.

What is the Pennsylvania Lemon Law?

The Pennsylvania Lemon Law (73 P. S. sec. 1951 et seq.) is a powerful state statute that protects consumers and purchasers of defective motor vehicles. The Lemon Law was established in 1984, and originally protected only those individuals who actually purchased a motor vehicle. In the late 1990’s, with the popularity of leasing a vehicle increasing dramatically, the PA legislature began to see that those individuals who leased what turned out to be defective vehicles were left without a remedy under the Pennsylvania Lemon Law. To that end, the legislature amended the PA Lemon Law in 2001 to include vehicles that were leased after February 11, 2002 for protection under the law.

The PA Lemon Law, in a nutshell, provides for a refund of the purchase price or a replacement of the defective vehicle if certain criteria are met with regards to the defective conditions of the vehicle. The defective condition must substantially affect the Use, Value or Safety of the vehicle in question. Whether the Use, Value or Safety is affected for the most part requires application of the common sense test. If the vehicle has problems with the engine stalling while making left turns, that would likely be a serious problem that affects Use, Value and Safety. If the vehicle’s radio doesn’t pick up someone’s favorite station, that likely would not qualify as an impairment under the statute.

The PA Lemon Law provides that the first occurrence of the defect must arise within the first 12,000 miles, and that the Manufacturer be notified in that time frame as well. This notification can come simply in the form of having the purchaser/lessor take the vehicle in to the dealer for a repair. The law provides that the Manufacturer must be given a reasonable number of attempts to cure the defect, and in Pennsylvania there is a presumption that the number of repair attempts is three. An exception to that rule exists in that one occurrence of a defect which might cause death or serious bodily injury would be enough to render the vehicle a lemon. The type of defect necessary to fulfill that exception is not defined by the statute, and there has been no actual case law that has established what type of defect that might be. After the third occurrence of the defect, the purchaser/lessor of the vehicle can bring a claim under the Lemon Law, seeking either a refund of the purchase price or a replacement vehicle.

The Lemon Law also provides for recovery of all consequential and incidental damages, which generally include all payments made towards financing, any down payment made, any charges for repair costs, rental car charges, towing charges and the like. Perhaps the most important aspect of the Lemon Law is that it provides that the Manufacturer must pay the consumer’s Attorney Fees and costs if the vehicle is found to be a lemon. This serves to provide the public with free legal representation in Lemon Law cases. It would be hard to imagine a more public friendly statute.

Lemon Law - When You Need the Expert

Lemon law cases follow a certain sequence, as do most other legal matters. Roughly sixty five percent of the time a lemon law case never reaches the litigation stage. These cases are handled in what is called prelitigation.

Phase I: It goes roughly like this. Joe Jones buys a new vehicle: Ford, Nissan, BMW, it doesn’t matter which kind, they all manufacture lemons; some more than others. Joe drives the vehicle for a month or so then he notices that whenever he hits the brake, the steering wheel shudders and the front end has a tendency to pull to the left of right. Various other things are wrong with the vehicle, but none that are serious or life threatening.

Joe takes the vehicle back to the dealer where he purchased it. Let’s back up a step. He calls them to make an appointment. Maybe they play games, like making him wait two weeks, or maybe not. At the dealer, as soon as he explains the problem to the service writer, they know exactly what’s going on. His isn’t the first vehicle brought back for this problem. Besides, soon after this vehicle came out, the manufacturer issued a Technical Service Bulletin (TSB) describing the problem and some things that might be done about it.

By the way, the manufacture did not send the TSB to Mr. Jones. They never do. Unfortunately the problem is a design fault, so no matter what the dealership does, they can’t fix the problem without replacing the entire front end, redesigned to correct the problem.

Remember, anything, any problem that looks like it can’t be fixed is going to be hidden. It’s going to be hidden because the one thing the manufacturer does not want is for the problem to become a recall. It is sadly true that manufacturers have knowingly allowed cars on the road, whose repeated defects endangered the driver and his or her passengers, rather than mess up their financial bottom line. About the only way a manufacturer will ‘voluntarily’ fix a problem of this sort is if the National Highway Safety Transportation Agency (NHSTA) forces them to by issuing a recall.

So, the technician goes for a ride in Joe’s vehicle. He comes back and says something like, ‘no problem found’ or ‘the vehicle is operating as designed.’ Imagine the owner’s disgust and disbelief at being told the vehicle is operating as designed.

Consumers are not near as stupid as the people at the dealerships seem to think. Joe knows very well that his vehicle shouldn’t shake and dive to the left when he hits the brake.

California Lemon Law

What is California Lemon Law ? California Lemon Law is a state granted consumer-right that safeguards consumers against purchases of faulty or defective (Lemon) products. Although the product may be anything, the California Lemon Law bears a special allegiance to faulty, malfunctioning automobiles. Main-points of California Lemon Law Also known as Motor Vehicle Warranty Rights Act, the California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement. The Lemon Law holds the manufacturer responsible for all the defects and problems in a Lemon Vehicle. Once the flaws are brought to the notice of the manufacturer, the manufacturer is bound to do the repair-works. In case the manufacturer fails to set the problem right even after some genuine attempts, the company must either replace the defective vehicle or refund the consumer's money. The Law also empowers the customer to file a Lemon Lawsuit in any Court of Law if a manufacturer denies to comply with the repair / refund / replacement plea even after the snags in the automobile are detected and proved. Additionally, refund for expenses incurred on various heads like repairing charges, rental vehicle charges and even your lawyer's fees are secured under the California Lemon Law. The same set of laws is applicable for leased vehicles as well. Under What Circumstances Can Consumers Seek Protection Under The Lemon Law In Calfornia? California Lemon Law permits buyers and renters of both new and used vehicles to demand for full refund or replacement when the vehicles are declared 'Lemons' - faulty and unfit for use. However, this declaration calls for the following proof: - The defect is a manufacturing defect and is certainly not a result of mishandling. - The vehicle has been repaired at least four times and still the defect persists. (In case of serious defects that can lead to injuries and death, the number of repair attempts has been lowered to two repairs). - The defect is detected but is not set right within the period of 18 months or 18,000 miles (whichever is earlier). What The Consumers Need To Do? The California Lemon Law truly protects the rights and interests of consumers. However, the customers need to attend specific requirements like: - Abide by the instructions in the User's Manual while driving or handling the vehicle. - Take the vehicle only to authorized service centers for all repair-works and servicing. - California Lemon Law only recognizes a written complaint sent to the manufacturer as a formal legal notice. For added safety, you may send the complaint through certified mail. - All the vehicle documents, all repair records, technical reports, etc. should be kept handy because lodging a complaint or filing a case calls for accurate proof. Unless and until you fulfill all the above requirements, you will not be able to enjoy the benefits and protection offered by the California Lemon Law.