If you buy a new auto and you find yourself returning to the dealer repeatedly to fix the same problem, the car may fall under the protection of your state’s lemon law.
All states have laws that protect the buyer of a new auto. The laws vary from one state to another; some states cover motorcycles, RVs, trucks, and cars, while other states laws apply to passenger vehicles only. The law in some states protects the buyer of a used vehicle, but this is not common.
Remedy Under The Law:
Typically, the lemon law states that the buyer of a new auto is entitled to a refund or a replacement vehicle if one of three events occurs:
* The auto is not available to the owner for 30 days or more in the first year.
* The auto is in for repair three or four times for the same problem in a specific period, and the problem continues to exist, or
* The auto suffers a problem that puts the life of the occupant at risk.
What Qualifies As A Defect?
Once again, the definition of a defect is different from state to state. The majority of states have defined a defect as a problem that substantially impairs the safety of the occupants, the use of the auto, or the resale value. If the engine or transmission should fail,there is no dispute that this is a substantial defect. Other defects are harder to define. There is no real “line in the sand,” and as such, many people will refer to a knowledgeable attorney.
Once you believe your auto qualifies, the lemon law in most states gives the manufacturer one last chance to remedy the problem. If this fails, you are entitled to a refund of the purchase price or a replacement auto.
If your new auto has constant problems, you have recourse. Every state has a lemon law in effect. To learn more, visit the Krohn & Moss, Ltd. Consumer Law Center®.
