Although the number of new cars sold annually has dropped off as a result of the economic crisis the market is slowly clawing its way back to pre-crisis numbers which was in the range of about 15 million. Regardless of the annual quantity sold about one percent of them are considered to be lemons, these are vehicles that have chronic problems, problems that keep repeating and they simply cannot be fixed. Every state has enacted some type of lemon law for cars that supports a consumer who happened to be one of the unlucky one percent who ended up with a lemon.
Knowing that lemon laws exist is one thing, to take advantage of them it is very important that a consumer knows what qualifies as a lemon and what actions can be taken to either get a replacement vehicle or have the purchase price returned.
How does the law define what a lemon is?
It is important to understand that every state has its own take on lemon laws but most state that for a car to be classified as a lemon it:
* Has a chronic defect that is covered under the terms of the warranty and that the defect occurred within a certain time frame or a certain number of miles driven after the purchase of the vehicle
* Cannot be repaired after a reasonable number of attempts
In the greatest majority of states lemon laws only apply to a new car.
What is considered to be a “substantial” defect?
Under the terms of the lemon law a “substantial” defect is a problem which is covered by the warranty on the vehicle and it is sufficient to negate the value of the car, impair the vehicles safety as well as impact the intended use of the car. Examples of things that qualify would be faulty brakes, defects in the steering. Loose door knobs do not qualify as they do not meet the criteria as laid down.
Legal definitions are difficult at the best of times and it is no different when discussing lemon laws for cars. The line between what is a minor defect and what is a substantial defect can be very thin and it is not always clear exactly where a defect falls. There have been cases where a poor paint job has been found to be substantial and classified as a lemon under the law.
In every state the substantial defect must have occurred with a specified time period which is usually one to two years or within a given number of miles which usually fall between 12 and 24,000 and the defect must not be the result of any type of abuse. Visit the site yourlemonlawrights.com for more information.
