What happens when you buy a new car only to find out that there is something wrong with it? Perhaps it’s the brakes or the steering or maybe the interior has a very strange smell; it is easy to surmise that you have bought a lemon. Unfortunately, just because you think it’s a lemon doesn’t mean the law thinks so. Each state has its own concept of the lemon law, although they may be somewhat different they are all meant to deal with the problem. Although there are differences from one jurisdiction to another there are some commonalities, the following deals with the generalities for determining if your new car might just be a lemon.
How does a car qualify to be considered a lemon?
In the majority of states the car must have a substantial defect to be considered a lemon and to qualify for lemon law protection the car must still be under warranty and the defect has to have first appeared within a certain time period after the purchase. As well as this, the defect must continue after a certain number of attempts to repair it. Where it can become difficult is to determine just exactly what is meant by “substantial.”
Substantial defect:
Although the exact definition varies what is for sure is that a substantial defect is a problem, a problem which has nothing to do with the way the car is used after purchase. To be substantial all states agree that the defect must impair the value, safety and use of the car. In most states the car must be under warranty and the defect must have a detrimental effect on a necessary function. Faulty brakes or steering for example will meet the intent of the lemon law because either one effect the vehicles safety. On the other hand a loose rear view mirror does not meet the test because it doesn’t have any affect on a serious function.
These examples are straight forward; the problem with definition of “substantial” is when the problem lies in the middle. This is where the legal definition of the term is not always clear and it certainly is one of the grey areas between states.
Should the car meet the definition the dealer or the manufacturer is granted the opportunity of repairing the defect. If after a stated number of attempts the defect has not been rectified then the car can be declared a lemon.
If you have reason to believe your car meets the expectations of the lemon law in your state you are invited to visit the site www.yourlemonlawrights.com for detailed information.
