Buying a car is always a risk, with buyers spending money on a vehicle about which they may know very little, especially in the case of used cars. However, lemon laws are there to protect car buyers and prevent dealers from employing dishonest sales tactics. The specific provisions of lemon laws vary from state to state.
Basic Function
The basic function of a lemon law is to protect consumers by ensuring that they have an option to return a vehicle for a refund when it fails to function as intended. Lemon laws apply to both new and used vehicles, but since new cars are usually covered by the manufacturer's original warranty, lemon laws are more useful on used cars for which the warranty has expired. Car dealers do not choose whether or not to offer lemon law protection; it applies automatically under state and federal law.
Coverage
Lemon laws cover major mechanical problems with cars that make the unsafe or inoperable. Brake, engine and fuel system problems may be the cause of a lemon law claim if the buyer makes reasonable attempts to have the problem repaired without success. Other issues, such as cosmetic problems and unusual noises, do not fall under lemon law protection. In most states the lemon law only applies to vehicles intended for personal use and weighing under 10,000 lbs, thus excluding commercial vehicles.
Requirements
Some states require car dealers to present buyers with a written notification of their rights under the state's lemon law whenever they sell a car without a manufacturer's warranty. Even when there is no legal requirement for notification, buyers must make a lemon law claim within a specified period of time, which may be as little as 30 days. Drivers may not file a lemon law claim until they have made reasonable efforts to have the problems repaired at their own expense.
States
Lemon laws vary from state to state, with every state offering some type of protection to car buyers. In addition, there is a basic degree of federal lemon law coverage that applies throughout the United States. One of the key differences in state lemon laws is whether or not the law required car dealers to pay for the buyer's attorney fees is a lemon law goes to trial and the court decides in favor of the buyer. Some large states, such as California, offer this protection in the state lemon law, while others do not.
Procedure
The procedure for pursuing a lemon law case involves the buyer contacting an attorney and taking legal action against the dealer. If you believe you may have purchased a lemon, find an attorney licensed in your state and with experience in handling lemon law cases. Also, gather any documents pertaining to the sale of the car as well as a comprehensive list of repairs made and notes from conversations with repair technicians and documentation of the original seller's refusal to offer a refund.
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