When we go out and purchase a new vehicle or even a used vehicle, we expect that it is going to get us where we need to go and that it has been inspected for any issues. That is the expectation that pervades all vehicle purchases, but it is not always the case. I’m sure we have all heard the horror stories, a new car is purchased and something major happens to it not long after it was bought. While this is not always the case, the lemon law was put in place to offer compensation for products covered by the lemon law, so that you are not out for the cost of repairs.
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What is the Lemon Law?
The lemon law is a law that was created and put in place to protect buyers from sellers that might be selling products or vehicles that are not up to par or that might have defects. The law works to protect the buyer for a specific period of time or a specific mileage in which they can bring the vehicle back to the place where they purchased it for free repair or a new car if the repairs cannot be done. This protects the buyer from purchasing a car or other vehicle that is not worth the amount that you have paid.
The lemon law was created in 1975 as a result of a lawsuit regarding a warranty claim that the original company did not want to pay out on. There is some version of the lemon law in every state and they may vary from place to place. The general gist of the law is to protect the buyer and make sure that they are getting what they pay for and not a vehicle that has tons of hidden issues.
What is Covered Under the Lemon Law?
So, what is covered by the lemon law? Vehicles with two axels are covered by the lemon law. This means vehicles, both new and used, mobile homes, motorcycles, mopeds, tractors that are used for farming, and tractor trailers in some cases. This means that if you purchase a new car from a car dealership and it starts having trouble a few days later, you can bring it back to the dealership and the dealership has to find a way to either fix or replace it.
In some states, the lemon law can also apply to products like goods, clothes, consumables, cosmetics and even over the counter medication. Coverage does vary from state to state, the most common lemon law claims are those that apply to vehicles rather than other products. Because lemon laws vary from state to state, it is important that you talk with a lawyer and find out just what is covered in your state before you move forward with a claim.
How To Determine if You Have a Claim?
When it comes to lemon law claims it is important to note that not all defects are going to count for the claim and that sometimes, things just do not work out. If you feel that you might have a lemon law claim, it is always best to talk with an attorney to see just what you can claim and to take the time to file properly.
A great way to look at this is with the example of a car. If you have a new car that you have purchased and you have been driving it for a few days and it starts to have problems like strange noises, shaking or any other problem, you may have a claim. As long as the issue at hand was not caused by something that you did to the car or had done to the car, you may be able to use it in a lemon law claim. If ran over a pot hole and it damaged the axel for example, this is not a defect that was hidden but damage that was caused by you and it does not qualify.
In most cases, a dealership is going to work to resolve issues before they progress to the point of legal action and a formal lemon law claim with the courts. If you are dealing with issues, it is best to go directly to the person or company that you purchased from rather than trying to fix this issue. This is going to dispel any issues and help you make sure that the seller knows the issue was there when the car was sold.
With any lemon law claim, it is the duty of the seller or manufacturer to try and rectify the situation either by fixing or replacing the item, or offering the buyer their money back or other compensation. When the seller or manufacturer does not do this, the buyer can then move forward with legal claims and may be entitled to more in the form of pain and suffering and other issues.
When to Hire a Lawyer?
If you feel that you have a lemon law claim on your hands you should seem legal help immediately. They are going to be able to tell you if you have a claim, help you with next steps, and support you through the claims process. Seeking legal help from the start is going to help make sure that you have the right representation and that your lemon law claim goes through and it satisfied with the courts. A lawyer from the very start is going to make the process easier for you, is going to result in a better settlement, and is going to help you focus on getting the compensation you deserve and help you get the issue resolved.
