For most people, purchasing a new car can be a significant investment and one they hope will return them years of reliable service and peace of mind. Unfortunately, in some cases, buyer's end up purchasing defective vehicles, or ‘lemons’,  which have persistent problems and require frequent repairs.  According to latest numbers, approximately 150,000 new cars are considered lemons each year. 

Fortunately, individuals who unknowingly purchase a lemon car are afforded consumer protections under lemon laws. By understanding their rights under these laws, individuals can confidently assert their rights and claim the remedies they are entitled to. In this article, we will explore the legal framework relating to lemon laws in more detail, helping consumers understand their rights and take effective action.

Lemon laws are a form of consumer protection designed to support consumers who purchase motor vehicles with substantial defects. These issues can include faulty components, mechanical issues, electrical glitches, and other breaches of warranty which adversely affect the safety, value and use of the vehicle. Each state offers protection to help consumers who purchase these defective cars. To take advantage of the lemon laws in their state, the following criteria generally need to be met:

• Timeframe and mileage: The defect occurred within a certain timeframe or number of miles after the car was purchased. 

• Repairs: Despite repeated repair attempts the problem could not be fixed.

• Safety: In some cases, defects that make a vehicle unsafe and which present serious risk of injury or fatality qualify under lemon law even after a single failed repair attempt. This may include steering problems, braking defects, airbag malfunctions, and other defects that jeopardize the vehicle’s safety.

• Statute of limitations: Each state has a certain deadline prescribed by law for filing a lemon law claim. This is generally four years from the date when the breach of warranty occurred.

It's essential for consumers to be aware of the criteria prescribed by their state, to ensure they don't forfeit their rights. To ensure the best chance of success, it is advisable to work with an experienced lemon law attorney who can offer personalized support to guide them through the lemon law claim process.

If a vehicle meets the criteria prescribed by the lemon laws applicable to their state, the car dealer or manufacturer will typically be required to replace the vehicle with another of similar value and specification or offer the consumer a full refund of their purchase price. 

In addition, these laws often allow consumers to recover related costs such as repair expenses, towing fees, and rental car expenses incurred during repair attempts.

To ensure the greatest chance of success in a lemon law claim, consumers who have purchased a defective vehicle should follow the guidance below:

1. Understand vehicle warranty:

Consumers should familiarize themselves with the terms and conditions contained in their vehicle’s warranty. Close attention should be paid to key details such as the length of time the warranty is valid, the areas covered by the warranty, and any steps or requirements that should be followed in case of defects.

It is also important to note any terms which limit the car dealer or manufacturer's responsibilities under the warranty such as excluding coverage for wear and tear on certain car parts or restricting coverage where regular maintenance has not been performed on the vehicle according to specified intervals. By understanding the terms and conditions of their warranty consumers can be more successful in asserting their rights if an issue with their vehicle arises.

2. Act swiftly:

Lemon laws typically have specified time limits and requirements that consumers must follow in order to qualify for remedies such as a replacement vehicle or a refund. These time limits can vary by state and are important to be aware of.

To ensure lemon law protection, consumers should act swiftly when a problem occurs with their car. In addition to the statute of limitations which prescribe a time limit for filing a claim, lemon laws often specify a certain period or number of days within which the consumer must report the defect or recurring problems to the manufacturer or car dealer. Lemon laws may also require that the consumer give the manufacturer or dealer an opportunity to repair the defects within a certain time period before they can file a claim.

As time is of the essence in lemon law claims, consumers who wait too long to notify the manufacturer or file a claim may end up compromising their right to a remedy.

3. Keep Records:

Thorough record-keeping and documentation are the bedrock of a lemon law claim and will act as valuable evidence when negotiating with a dealership or manufacturer or in pursuing legal action against them. To increase their chances of a successful lemon law claim, consumers should keep detailed records of all diagnostic work, repair invoices, and correspondence with their car dealership or manufacturer. This should also include the dates and times of each incident and a description of each issue encountered.

As the burden of proof is on the consumer in lemon law claims, it is up to them to provide sufficient evidence to demonstrate that their vehicle qualifies as a lemon according to their state laws. The more evidence a consumer has to support they purchased a lemon vehicle, the more likely they are to succeed in their claim.

4. Seek legal advice:

Navigating lemon law claims without legal assistance can be challenging. Issues can arise in a number of areas such as the interpretation of warranty terms, the adequacy of repair attempts, and determining what constitutes a ‘substantial defect’, complicating the claim process for consumers. In addition, some dealers or manufacturers may pressurize consumers into accepting low settlement offers, dispute the severity of the defect, or dissuade them from pursuing a lemon law claim.

With the help of a legal professional, consumers can avoid these issues and ensure they receive a fair outcome which correctly reflects their rights and entitlements under the law.

By following the guidance outlined, consumers can ensure they take the right steps to maximize their chances of succeeding in a lemon law claim and receiving the compensation or remedies they deserve.