Law Lemon Eligibility
The first step in law lemon cases is to determine whether your product constitutes as a “lemon.” Laws vary from state to state, so you will need to check with lemon law lawyers in your state to see if you are eligible. For instance, some states only cover passenger vehicles, SUVs, vans and trucks. Other states may also cover portions of motor homes and motorcycles. Additionally, an auto lemon is just one type of product covered in some states, as you may also be entitled to a refund or replacement for devices like motorized scooters, newly purchased puppies who suffer from medical conditions, dysfunctional appliances or defective computers.
The second step in evaluating your car’s law lemon eligibility is to consider the timing. In most cases, there must be documentation of a defect within the first year or 18,000 miles following the purchase. This documentation usually comes in the form of a repair receipt and vehicle check-up. It is very important that you hold onto all this evidence and keep detailed records of repairs and phone conversations with the dealer to strengthen your case. It is also wise to take your car directly back to the dealer or manufacturer to ensure that there is no finger-pointing between your local mechanic and the seller, with no one claiming responsibility for the defects. Generally, your car is protected by the state lemon law for the length of your warranty, although some regions place a 1 to 5 year limitation on when you are allowed to file a claim.
Thirdly, you should consider the attempted repairs and time spent off-the-road in your law lemon case. Most automobile lemon laws say that four or more repairs or up to 30 days of down-time are allowable before the case can be actively pursued. Be aware that dealers have found some ways around this. For instance, if you are offered a rental car by the dealer while your vehicle is being repaired, this time does not count toward the “30 days” off-the-road. Also, if you take your car to mechanics other than the dealership where you bought the vehicle, the manufacturer may reject the repair claims and you may need to receive four repairs from the dealership to qualify for protection by law. Lastly, the four repair attempts may not qualify if you have not sent the manufacturer a letter stating that this is the last repair attempt before you pursue litigation.
Lastly, the law lemon verdict may depend upon what sort of “nonconformity” or “defect” your car has. Common lemon car problems include brake failure, transmission problems and repeated non-starts. In most states, you will not be covered for aesthetic damage like peeling paint, loose cup holders or strange noises that aren’t associated with a safety issue. Since 1972, the United States Lemon Law has been protecting consumers who face trouble getting dealers to honor their warranty obligations and correct problems in a reasonable amount of time. If you’re concerned that you may have an auto lemon, then contact your local specialized lemon law lawyer for assistance. In most cases, you won’t have to pay a dime for legal advice and guidance!
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