The term “lemon” refers to a car with significant damage or a defect that makes driving dangerous, while the exact definition varies from state to state. As an illustration, it might be vehicles with damaged brakes, motors, transmissions, or lights. If a vehicle falls short of the manufacturer’s warranty and the damage cannot be repaired without significant redesigns or overhauls, it is referred to as a “lemon”.
It’s also essential to comprehend the distinction between a recalled vehicle and a lemon vehicle. Recalls are a pretty common event and occasionally essential, even with dependable vehicles. A recall means that the car’s maker has a specific issue that must be fixed within a certain amount of time. Nevertheless, if a car is branded as a “lemon,” the problem won’t be fixed, and the maker won’t order a recall.
How Do Lemon Laws Work?
A lemon law is a statute that mandates the repair, replacement, or refund of any consumer goods or cars that are found to be defective. Lemon laws shield customers against subpar goods and unscrupulous producers who might purposely market subpar products to make a profit. Lemon law lawyers are equipped with the necessary expertise to handle and help you legally in such cases.
When it comes to vehicles or products that have been falsely represented, lemon laws can also protect customers.
If you’re shopping for a used car, be sure to familiarize yourself with your state’s lemon laws since they normally only apply to new vehicles and items. Do your research before choosing a long-term purchase as well.
A manufacturer or corporation will often be permitted to make reasonable attempts to rectify a problem or defect in a product under a lemon law. The vendor is required to replace or repurchase the item if a predetermined number of reasonable attempts to fix the problem are made without result.
The specifics of lemon laws differ from state to state, but generally speaking, a consumer may lodge a grievance with the government or another organization. The seller will need to show that reasonable efforts were taken to fix the product or vehicle, which may result in arbitration and court hearings.
If you suspect that your car is a lemon, be careful to meticulously record every service, visit to the shop, and repair. All of this must be supported by evidence if you want to succeed with your argument.
Lemon Law for Used Automobiles
You can experience problems with what you believe to be a lemon if you purchase a used car. Only a small number of jurisdictions, however, offer used automobile buyers lemon law protection.
Some states may provide certain legal protections for consumers, but the protections for used cars are less comprehensive than the lemon laws that apply to new cars. Here, you may find out what your state has to offer. Your best bet when purchasing a used car is to thoroughly inspect it to prevent purchasing a lemon. Get guidelines for avoiding lemon vehicles as well as a used-car inspection checklist.
In the end, it’s crucial to be aware of your state’s lemon laws and to be aware of your rights before making a purchase to make sure you are in the best possible position to defend yourself in the event that the vehicle you buy is not what it first appears to be.
State-by-State Examples of Lemon Laws
To give you an idea of how they could differ from state to state, we’ve published a brief explanation of the lemon laws of Virginia, California, Tennessee, Georgia, and Kentucky.
Virginia
Within 18 months of receiving their purchase, car buyers in Virginia have the option to make a claim under the Virginia Motor Vehicle Warranty Enforcement Act. Keep in mind that this period starts when the car is delivered to the owner.
Used car owners in Virginia may be eligible to make lemon law claims. Before filing a claim, the car dealership must be given permission to make several reasonable attempts to fix the problem with the vehicle.
California
The majority of vehicles that are still covered by the manufacturer’s new car warranty are covered by the California Lemon Law; used vehicles are also covered as long as they are still covered by the manufacturer’s new car guarantee.
If a dealer purchases a “lemon” vehicle and resells it, they are required to designate the vehicle as a “lemon” and attach a lemon sticker to the side of it. If they don’t, the purchaser may be able to use the lemon law as a defense if the vehicle is flawed.
Tennessee
A claim can be made under the Tennessee Lemon Law if a fault appears in a vehicle within the first 12 months of ownership or during the express warranty period; whichever occurs first.
You are protected by the lemon law if your car is in the shop for 30 days or more in total during the first year of ownership. Used cars are not covered by the Tennessee Lemon Law, but new cars, leased cars, and motorbikes are.
Georgia
Used automobiles (bought or leased), motorcycles, mopeds, trucks with a gross vehicle weight rating of 10,000 pounds or more, ATVs, boats, and trailers are all exempt from the Georgia Lemon Law. Any flaw covered by the manufacturer’s warranty that materially reduces how well an automobile can be used is covered under the law.
Kentucky
Buyers of new automobiles are often covered by Kentucky’s lemon laws; however, motorcycles and used cars are not. But, there is one safeguard for purchasers of used vehicles: odometer tampering is a Class D crime, and if it occurs, the purchaser is entitled to three times the value of the damages (plus attorney and court costs).
Defects on the vehicle must appear within 12 months of ownership or the first 12,000 miles driven on the automobile, whichever comes first, to qualify under Kentucky’s lemon law, named Defective New Vehicles.
Final Thoughts
Depending on the state, lemon laws may call for you to first send a letter of complaint to the manufacturer outlining the issues with the automobile, any attempts at repairs, and the desired resolution, such as a new car of similar value. You might be able to notify the dealership rather than the manufacturer in some states.
The number of efforts to solve the problem must be supported by documentation. Furthermore, certain new automobile contracts may have terms requiring arbitration to resolve issues.
