If your new car turns out to be a lemon there are laws in effect that can help you get a refund of your purchase price or a replacement vehicle.
Although in percentage terms the number of cars that are built that turn out to be lemons is actually quite small, less than one percent. With the volume of cars that are produced in the United States this “small percentage” actually equates to over 150,000 units. These cars have problems that cannot be fixed even though the manufacturer is given ample opportunity to do so.
What is the Texas Lemon Law? Every state has a lemonlaw, it varies from one state to the next but if you know the law as it applies in your state this knowledge will help you get a refund or a replacement. Although the laws do vary, under most state laws the car must have a defect that impairs the use, safety and value, the defect must appear within a certain period of time or within a certain number of miles and the defect cannot be rectified after a certain number of attempts. A few states cover used cars but all states lemonlaw applies to new cars.
The car must have a “substantial” defect which is covered under the manufacturer’s new car warranty. The defect must be such that it is detrimental to the resale value of the car, it impairs the use and it poses serious safety problems. Minor defects such as a loose rearview mirror does not make the car a lemon but faulty brakes or steering that cannot be fixed most certainly does qualify as a substantial defect.
There are often disputes between the vehicle owner and the manufacturer as to what is substantial and what is minor. Although brakes for example are quite obvious, there have been cases where a car has been declared a lemon because there is an obnoxious odor that cannot be eliminated.
The manufacturer must be given an opportunity to repair the defect; in most states lemonlaw the manufacturer must be given three or four opportunities. In some states if the defect is a serious safety concern the law only allows for one attempt at repair. As well as the number of repair chances the lemonlaw of most states also states that the car cannot be out of service for more than 30 days otherwise it may meet the definition of a lemon.
The lemonlaw in your state may be different than the law in a neighboring state, it is in your best interest to know the laws that apply to you. For further information you are invited to visit the web site of Krohn & Moss, Lemon Law Attorneys.
