Many states have automobile based lemon laws to protect persons who have purchased defective motor vehicles. If your state does not have a car lemon law, you may still be protected, what is called the Federal Republic of Lemon Law or the Magnusson Moss Act. While the law in every state, many similarities can be found in the state lemon laws and the Federal Republic Magnusson Moss Act. Normally, your vehicle must exhibit a defect or non-conformity that substantially impaired the use, value or the safety of your vehicle. Examples of this can be the engine, transmission, brakes, suspension or other serious problems. The errors must be within certain parameters defined mileage, usually 12,000 or 18,000 miles or the first year that the car is in operation . The lemon laws always give the manufacturer a reasonable number of attempts to repair the problem, and may differ from state to state.
The number of repair attempts, usually three or four, but check your state to be sure. If the manufacturer can not repair that deficiency in the number of attempts, then you have a lemon. Most states stipulate that you are entitled to a refund of the purchase price or a replacement vehicle free of charge. These are usually for the exploitation of all damages, which you may have, also, like all of the payments that you have made to the vehicle, including interest, the deposit, the repair costs, etc. ... The lemon laws much on the protection of the purchaser of a defective vehicle. They are extremely friendly consumer statutes.
The problem is that with a lemon and a manufacturer to agree that you have a lemon, there are two very different things. Once your vehicle has been for repairs in the required number of times, the first step that you have to consult the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer, which essentially cut your acceptance of the vehicle. What that means that you are trying to revoke the contract between you and the manufacturer, and a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your request at this time. The next step on behalf of many state lemon laws is that you make your claim to an arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as arbitration. This Arbitration Agreement panels are generally not binding for you, the consumer, but for manufacturers. In this context, it is my experience that the referees tend to be quite on the side of manufacturers in this type of situation, because they know that you go further, and not the manufacturer. After the tribunal, if it is not in your favor, the next step in your lemon law claim would be an action against the manufacturer in a court of competent jurisdiction. It is at this point that producers are aware that you are serious, and can begin to entertain realistic formal discussions on the problems of your vehicle.
That sounds like a lot of work, a lot of tires to jump through, and it really is, but the good thing about lemon laws is that they are typically the consumer free legal representation. That's right, you can get a lawyer to work for you for free! The lawyer is not free, but the lemon in the rule that manufacturers will need your reasonable attorney's fees if the vehicle is found, a lemon. Lemon Law Attorneys rare, all up front retainer, and may or may not charge for out-of-pocket costs for such a claim. The lawyers usually look at the manufacturers for their fees and reimbursement of costs. I would not want a lemon on each to get a free lawyer for you is not half bad.
Attorney Greg Artim Pennsylvania Lemon Law Attorney http://www.ihatethislemon.com
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