A few of the following time-tested strategies can help you determine whether the used car you have been thinking about buying is a reliable car or a lemon. The information listed in this guide must include:. Because this guide is part of your sales contract and will override and contrary provisions, it must note any negotiated changes in warranty coverage.
Don't just give it a look; spend some time examining the car closely. By conducting a thorough inspection of the exterior of the car, you will be able to tell if the vehicle has undergone any major body work. Mismatched body panels, uneven gaps between doors, and paint over-sprays are sure signs of a lemon or that parts from the original vehicle have been replaced. You can also use a magnet to detect body filler. If the magnet does not stick to certain parts of the car, this may mean that filler was used to cover up dents or rust spots.
Other points to check include the doors, hood, trunk, locks, and windows. You may also want to measure the distance between each wheel and the body of the car. If there is a difference in distance from one wheel to the next, this may be an indication that repairs were made following a major collision. Never buy a vehicle until you have requested a vehicle history report from a credible source.
Gov will include details on past fire, flood, and accident damage, as well as vehicle odometer information. For this reason, it is advisable to have the used car inspected by an auto mechanic. Lemon laws entitle consumers to a refund of the purchase price or a new vehicle. All fifty states and the District of Columbia have a lemon law of some sort though the terms, scope of protection, and eligibility requirements are not uniform from state to state.
The lemon law in most states authorizes a consumer to receive a vehicle replacement or refund from the automaker if a substantial defect cannot be repaired in four attempts. These consumer protection statutes also deem a vehicle to be a lemon if it is out of service for thirty days within the first 12 or 24 months or 12,, miles.
Safety defects are treated differently under most state lemon laws. Because of the risk of personal injury or wrongful death, vehicle manufacturers typically only receive two opportunities to fix the issue. The law is drafted to prohibit manufacturers from saddling consumers with grossly unfair warranties. The statute also removes financial obstacles to pursuing a lawsuit against a vehicle manufacturer by including an attorney fee shifting provision.
This provision permits a consumer who prevails on a claim under this law to make the defendant pay for his or her attorney fees. The law pertains to contracts involving the sale of goods, which includes motor vehicles. This statute also entitles consumers to the right to a replacement vehicle or refund. The disadvantage to using this law is that the UCC provides no definition. This lack of clarity means that the judge must decide whether the manufacturer must furnish a new vehicle.
Because lemon laws entitle the manufacturer to a certain number of attempts to fix a vehicle defect, the content of certain documents will be extremely important. To qualify as a lemon under most state laws, the car must: have a substantial defect covered by the warranty that occurred within a certain period of time or number of miles after you bought the car, and not be fixed after a reasonable number of repair attempts.
In most states, the lemon law only applies to new cars, but see below. Substantial Defect A "substantial defect" is a problem covered by the warranty that impairs the car's use, value, or safety, like faulty brakes or steering. Reasonable Repair Attempts You must allow the dealer or manufacturer to make a "reasonable" number of attempts to fix a substantial problem before your car is considered to be a lemon.
Usually, you must meet one of the following standards to be protected under a state lemon law: If the defect is a serious safety defect—for example, involving brakes or steering—it must remain unfixed after one repair attempt.
If the defect is not a serious safety defect, it must remain unfixed after three or four repair attempts, though the number varies by state. If the vehicle is in the shop a specific number of days, usually 30 days in a one-year period, to fix one or more substantial warranty defects, it might fit the definition of a lemon. Getting a Refund or Replacement Car If your car meets the lemon law requirements for your state, you have the right to obtain a refund or replacement car from the manufacturer.
Preparing for a Lemon Law Arbitration Manufacturers use a number of different arbitration programs. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Related Products More. California Authorization to Release Medical Information. View More. Get Professional Help.
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