Lemon Law - Know Your Rights

Lemon Law: Refers to various state laws protecting consumers against the purchase of vehicles found to be persistently defective.

What is a Lemon?
A vehicle that continues to have a defect that substantially impairs its use, value, or safety. Generally, if the car has been repaired 4 or more times for the same Defect within the Warranty Period and the Defect has not been fixed, the car qualifies as a Lemon. Note that the warranty period may or may not coincide with the Manufacturer's Warranty.

Like most laws, lemon laws differ by state, so examine local guidelines carefully to determine what action you need to take to protect your investment. A standard rule is that any vehicle that is not in working order for 30 days or more, or any vehicle that has required repair of the same defect on more than four occasions within the first year of purchase, is covered by a lemon law.

Some manufacturers will attempt to convince you that you waived your rights when you signed the purchase or lease contract, because of a clause that was inserted into the agreement. Any such clause or waiver is invalid, and lemon laws still apply in full force.

The manufacturer may also try to persuade you to engage in mediation rather than going to court. You are not required to participate unless the process complies with rules set out by the Federal Trade Commission. In some states, you must use mediation before suing under lemon laws, if the process is certified by that state's Department of Transportation. Even then, you are not required to accept any settlement that does not satisfy you.

As with most legal matters, it is wise to consult with a licensed, competent attorney in your area that knows the details of the law. Many lemon law attorneys offer free consultations, and do not charge a fee unless you win the case. They even seek attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.

Lemon Law Resources: