Each
state has its own lemon law to protect consumers from excessive
warranty repairs on a new or used motor vehicle that is covered by a
manufacturer’s warranty. Lemon law information for all 50 states
is covered on the linking web sites provided within this web
site.
State
lemon laws were enacted to require an automobile manufacturer to
repurchase or replace a motor vehicle under warranty if it has met
that state’s statutory requirements. Many other lemon law cases
that do not meet statutory
requirements can also be viable lemon law cases as they still have
legal merit. A lemon law attorney is best equipped to give you legal
advice on applicability of the lemon law to your vehicle situation. CLICK
HERE for a lemon law attorney in your state. CLICK
HERE if you would like lemon law information for the lemon
law in your state.
There
are some basics for preparing to have a lemon law claim. These
include having copies of your warranty repair work receipts, a copy
of your purchase or lease contract, a copy of your vehicle
registration, and payment coupon (if financed or leased). This
information will prepare you to have an evaluation done for your
potential lemon law case.
What
kinds of information does the consumer want in regards to his/her
lemon law claim? The most wanted information is restitution
– meaning – what your refund entitlement is. The lemon law in
most states provides the consumer with a refund of the down-payment,
monthly payments, and a payoff of any existing loan/lease. Each
state has a provision in its lemon law to deduct a usage
fee for a portion of the miles that have been put on the
vehicle.
The
single most important information fact in lemon law is that the manufacturer,
not the dealer, is
the party responsible to provide the restitution (buyback) of the
vehicle for the consumer.
Another
valuable information tip is that if the consumer chooses to attempt
to “negotiate” a settlement on their lemon vehicle directly with
the manufacturer, the manufacturer has no requirement to
follow the lemon law of that state. Manufacturer’s “Customer
Assistance Centers” readily give out “case numbers” to
consumers, suggesting that the consumer has a lemon law case. This
is the farthest from actual reality. The “case number” is simply
a reference number for the
next occasion the customer calls in to complain about their vehicles
problem(s). Should a consumer try to negotiate something themselves,
they can simply negotiate a “settlement” that does not reflect
any of that state’s lemon law’s legal requirements. The vehicle
owner can potentially be duped out of hundred’s, or even thousands
of dollars of restitution by trying to “deal direct” with the
manufacturer. Any “offer” from a manufacturer should be
reviewed by a licensed lemon law attorney in the state which the
consumer resides. Remember,
a “red flag” should be raised if the manufacturer-to-consumer
“offer” includes the words “settlement”, “release”, or
“release of claims” in the paperwork. If the lemon law
case/claim is facilitated by a lemon law attorney, the language of any lemon law settlement will be drafted to protect the legal rights
of the consumer.
What
information can a consumer get from their dealer about their
vehicle? The most obvious information is the “repair order” and
“repair order invoice” This is the pair of documents generated
each time a vehicle is brought in for warranty repairs. There is
also the “warranty repair history” printout. This is generated
from the Warranty Department office of the automobile dealership.
This is a printout of all the warranty claims submitted by the
dealership(s) against that car, and are referenced by the cars
“VIN” number (Vehicle Identification Number), which is located
on the vehicle’s state registration card.
For
lemon law information links, CLICK
HERE.
What
other types of information is available to consumers? Information
defects investigations issues can be found for each car model at the
National Highway Traffic Administrations website, http://www-odi.nhtsa.dot.gov/cars/problems/recalls/recallsearch.cfm.
Information on vehicle safety and crash test information can be
found at: http://www.safercar.gov.
Information on manufacturer’s Technical Service Bulletins (T.S.B’s)
can be found at http://www.alldatadiy.com/recalls/index.html.
What
information is available regarding used car lemon law? Used vehicles
can have different types of warranties. The most common is the
“CPO” (Certified Pre-Owned) warranty that is applied to a used
vehicle that meets requirements set forth by the vehicle’s
manufacturer. As these are warranties administered by the
manufacturer, they are applicable for a lemon law claim. “Dealer
warranties” are not
manufacturer warranties. They are just what they imply – a
warranty between the consumer and the dealership, having no
applicability to state lemon laws.
What
information is available for automobile arbitration? Arbitration is
an informal dispute resolution medium. Some states laws require
arbitration as a mandatory requirement before pursuing legal action
against a automobile manufacturer. Other states, such as California,
have no requirement for arbitration. In California
the consumer can get free legal representation by contacting a lemon
law attorney for cases that meet California’s lemon law
“presumption”. CLICK
HERE for information on California’s lemon law and
attorneys.
Other
information regarding lemon law and vehicle information can be found
on the “various links” page. CLICK
HERE to access the page that contains these links.
Vehicle
RECALL information can be found by clicking on this website:
http://www-odi.nhtsa.dot.gov/cars/problems/recalls/recallmonthlyreports.cfm
We
hope that this website provided you with the lemon law information
you were looking for.
Don’t
live with it – Lemon Law it !
lemonlawinformation.com
Presented as a internet informational consumer resource
Do you live in a state other than California?
www.AutoLemonLawsUSA.com
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