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August 11, 2014 By Lemon Law Pro

Lemon Law And Your Car

Vehicle BreakdownJust what do lemon laws cover? It is wise to check into your own state’s laws.

On average, the lemon law covers vehicles that show a problem or problems in a major part of the car. The problems must become obvious within the first twelve to twenty-four months (or 12,000 to 24,000 miles) of ownership.

The defect cannot be something minor such as flaws in the paint job, minor repairs, or cosmetic wear. It must be something that needs repeated repairs within the time frame. The timeline and major problem or problems prove the car is unsafe or inoperable.


After purchase, your car may need some repairs. This is not the time to look into the lemon law. Initial repairs should be covered under your vehicle guarantee or extended service contract. A vehicle service contract and an extended guarantee cover different time lengths and parts of the car. Read your vehicle service contract to decide time and parts covered; some provide free repairs for all parts for the first six months. The lemon law applies after you use the vehicle warranty for repairs and continue to experience numerous problems with the car.

Most states do not cover used cars under the lemon law. The exception is if it was sold as a “Certified Used Vehicle”. This label makes the car “new” in terms of the lemon law. A certified used vehicle means the automobile has a vehicle service contract from the manufacturer.

The manufacturer does not cover an extended guarantee. Instead, extended warranties are bought through the dealer as a type of insurance. Extended warranties provide some repairs beyond the regular vehicle service contract. Remember to read what is covered under your vehicle’s extended warranties. Specific parts of your car may be repaired, while others are only covered in the original vehicle guarantee.

To qualify under the lemon law, you must show the car’s problem or problems on the same part under the time frame for your state. If you take your vehicle to the repair shop for a transmission problem that occurs frequently and cannot be fixed, then your car will likely qualify. If the car needs repairs on different parts, such as the radiator and a different problem in the transmission, then it probably will not qualify. Most states do allow the putting right of related parts, which shows the car’s major problem or problems. Remember to always keep paperwork on all repairs.

The dealer has a responsibility to make necessary repairs under the lemon law. The dealer has the right to keep the vehicle up to 30 days total in the shop. The dealer must attempt repairs – up to three to four times for issues causing the car to be inoperable, such as shaking. The dealer is allowed up to one to two times to correct grave issues such as repairing brakes or steering. The number of repairs allowed by the lemon law is determined state by state.

Your vehicle will likely qualify if the car needs repeated service contract repairs to the same part after your purchase. If the dealer cannot sort out the repairs in the state’s time frame guideline, then your car may qualify for compensation or replacement under the lemon law, and it is time to consult with a lemon law attorney.

August 11, 2014 By Lemon Law Pro

Why You Need To Keep Records In Lemon Law Cases

Keep RecordsIf you think your car might be a “lemon,” start by doing a quick checklist. If your car makes odd noises, but otherwise drives just fine, you might not have a car that falls under your state’s Lemon Law. But if you are experiencing major defects with the car (its engine, drive axle, brakes, steering or radiator, for example), you might want to start a paper trail. You could have a lemon.

With any issues you might be having, check your car warranty first. Give the manufacturer an opportunity to put right it (this can be up to 3 or 4 attempts to repair a problem). At this point, a Lemon Law attorney may not be essential.


If you are experiencing major problems with your car, however, the most important thing you can do is keep all receipts and records concerning your vehicle. Be sure you have a copy of the car guarantee in a safe place. Keep all receipts concerning repairs that have been made to your vehicle. You might also want to consider keeping a log or notebook that contains all of this relevant information, including the number of days as a running tally that it was kept in the shop for a related problem. Start to research the Lemon Law in your state.

You may also want to research whether any ‘service bulletins’ have been issued for your make and model of car (this can be accomplished with a simple web search). Do your homework, copy any information you find and put it in your notebook. Keep logs, as you may need this information later on in the event that you need to file a claim under your state’s Lemon Law.

In most states, the Lemon Law provides a legal remedy for consumers who purchase a car that turns out to be a lemon. Dealers are required to give you a written car warranty under which a dealer must repair, free of charge, any problems in covered parts. In some cases, the dealer may have the option to reimburse you for the reasonable cost of repairs; check your car guarantee to see if this applies to you.

But if your car needs excessive repairs, start researching the Lemon Law statutes in your state. Many problems during the car guarantee period may not constitute a defect, but one grave problem or problems might be a breach of the Lemon Law. Note the dates of all repairs to your car in a notebook, and how long your car was “in the shop” and “off the road.” Make the receipts for repairs in a safe place. At this point you may want to look into finding a Lemon Law attorney in your state.

If you think you might be driving a lemon, gather up all of your paperwork. Become familiar with your state’s Lemon Law statute. Compile a list of Lemon Law attorneys. Check with the Attorney General’s office in your state for more information on the certain statutes.

Besides the car service contract, be sure you have each and every work order performed on your car, as well as any service bulletins issued that may relate to the problem or defects you’re having. Nearly every Lemon Law statute will include a list of records that are important to keep. Any reports or correspondence you’ve received from the dealer will also be important in case you decide to make a claim under your state’s Lemon Law.

It is a long paper trail, but if kept effectively, you will know rather quickly whether you are dealing with a chronically ‘sick’ car, or just normal car repairs.

August 11, 2014 By Lemon Law Pro

How Not To Buy A Used Car That’s Already A Certified Lemon

In The GarageEvery state has its own version of the lemon law. The general idea is that you will receive a refund or a replacement vehicle if your car is found to be a lemon. A lemon is a car that requires wide-ranging repairs during the vehicle guarantee period, or a car that has mechanical problems that cannot be fixed.

Check the Car Thoroughly: Inside & Out

Most car customers check the car’s exterior for damages. Some even check the condition of the interior. If you want to avoid having to use the lemon law, you’ll give the car you’re considering a very thorough inspection. You don’t want to rely on the vehicle service contract – even if you plan on getting an extended service contract – to take care of any essential work that might be required after you purchase the car.

Under the Hood


Look under the hood. For this step, you need someone who really knows cars. Lemon law helps you if you drive away with a vehicle that is dangerous to drive or requires extensive correct work that you were unaware of. But why buy a lemon in the first place?

Press gently down on the accelerator and listen for noise in the engine. Large knocking noises are never a good sign. Test drive the car for at least half an hour. Lemon law covers undisclosed dangerous cars, so drive carefully. Don’t listen to the radio (except to test it). Open the window, and listen to the sounds of the engine as you drive. Do the gears shift smoothly?

Verify Paper Work

Ask the dealer to show you the car’s title. You’re looking for the name of the previous owner. Write it down, and give the person a call to ask them about problems they had with the car. Corroborate the mileage with the owner. Don’t forget to ask if it was traded in under the Lemon Law.

A vehicle guarantee won’t cover everything, not even the extended guarantee. You could be left with problems that occur long after the vehicle guarantee has ended. Then you’re stuck with a lemon and with no recourse to the law, because the car’s defects weren’t noticed straight away.

Read the warranty carefully to see what type of repairs and defects it will cover. After looking over the extended warranty, decide whether or not the car you want is worth the extra money.

Get a Car History Report

Write down the vehicle’s VIN and take it home with you. With it, you can check the vehicle history report on the internet. The lemon law of some states require this report in order to make a claim. It details all previous owners and any reported accidents. Of course, this report isn’t a foolproof way to avoid the lemon law, since not all accidents are reported. There could be damages to the engine that are not visible.

The large investment you plan is worth the research. Do your homework, deal only with reputable dealers, and hopefully you can avoid having to do any research on your state’s lemon laws.

August 11, 2014 By Lemon Law Pro

The Lemon Law In Practice

Under The HoodThe “Lemon law” protects customers of motor vehicles and enforces the vehicle manufacturer’s expressed guarantee. All “under service contract” vehicles are covered under the lemon law, and it applies to vehicles for a specific amount of time after the vehicle is purchased, depending on the state in which the vehicle is registered.

Unfortunately, there are many unethical people out there trying to make a quick buck on a “laundered lemon.” This is basically taking a car that falls under the lemon category and re-selling it to an unknowing customer. These cars are usually re-purchased by the manufacturer (because of endless complaints or problems) and then re-sold without divulging the vehicle’s history. Some cars, though repeatedly repaired, are not lemons, making it hard, sometimes, to distinguish among the two.


Most states prohibit lemon laundering, and cars that have been labeled a lemon are never supposed to be re-sold. Unfortunately, with interstate transactions there are loopholes and companies willing to take advantage of them. Many car manufacturers try to scam the system by shipping a lemon law vehicle out of state and then sending it to auction to be purchased by an auto dealer. When the vehicle is eventually sold to a purchaser, the dealer will usually deny any knowledge of its lemon-colored background.

A lemon law attorney can help consumers if they feel they have bought a vehicle that fall under the “Lemon” category. Sometimes, hiring an attorney is required to make certain you either get your money back for your vehicle or get a replacement auto at no cost. Because of the large number of these cases, there is no trouble finding advertising for lemon law attorneys. As a part of the settlement or court’s requirements, in most cases, the automobile manufacturer is required by law to pay for your attorney.

Many people lost their vehicles and even their lives before the lemon laws were pushed through. It was enacted to protect you from buying a defective new or “under warranty” vehicle. If a new vehicle has been in the fix shop under a vehicle service contract four or more times and the problem still exists, the vehicle may qualify as a lemon law vehicle.

Sometimes, it becomes very difficult for consumers to fight a lemon law battle. For example, repairs are made to your vehicle and you feel it still does not measure up to the car warranty. But the manufacturer or dealer believes that the car is in total working order. It’s then time for a lemon law attorney to be brought in.

It’s easier said than done for a consumer to prove that he/she has purchased a lemon. A new car is usually the second largest purchase you make. Keeping full records of all essential work, contacts and maintenance provides the trail proving “good faith” care of your vehicle. It is important to keep those vehicle fix documentation in writing for potential lemon law cases. But, sometimes the only way to get help is to find a lemon law attorney.

August 11, 2014 By Lemon Law Pro

The Lemon Laws That Cover Your State

Roadside RepairsEvery state has its own version of the Lemon Law. California was the first to enact one in 1970, and to date has the most comprehensive legislation. Every states’ version of the lemon law strives to ensure that a defective product (car) is not sold, and if it is, the vehicle should be repurchased or replaced.

Most states define a lemon law car as a car that has a major or chronic problem. A lemon car has to have spent more than 30 days in the repair shop, have had at least four attempts made at replacing or repairing the same problem area, and most of all, the problem area must be covered under your manufacturer’s guarantee. If the vehicle’s problem is not covered under the manufacturer’s warranty, then it does not qualify for lemon law.

Before you seek legal advice, give your dealer a good chance to repair the vehicle, and go up the ‘chain of command’ talking to a service manager or even the distribution outlet manager before deciding to go to arbitration or court.


Keep records of all repairs on your car, make sure your receipt clearly states your concern, the mechanic’s diagnosis, ‘the cause’, and how the problem was fixed – ‘the correction’. All together these three factors are sometimes called a ‘story.’ Make sure you have one for every visit to the distribution outlet and that it is signed by your service representative, be specific it has the times and dates on it too.

When you do decide to seek legal advice, lookup the Better Business Bureau online. “lemonlaw.bbb.org” has many facts by state and in most cases is the first step to filing your lemon law claim via e-file. The BBB also sometimes serves as an arbitrator or will refer you to a Lemon Law arbitration firm.

You should also seek a lemon law attorney at this point, again there is a list on the BBB website, it will also be in an advertisement for the lawyer. Seek references for your lawyer and look at his/her record, do they win? Does the lawyer look you in the eye and treat you sincerely? If not, find another lawyer. Your attorney can help you decide whether to arbitrate or take it to court.

An arbitrator is a third party that both the manufacturer and the person filing the complaint agree upon to decide the outcome of the lemon law case. The arbitrator’s decision is legally binding and there are no appeals. This course can be the best if you feel you have a clear cut Lemon Law case and do not wish to spend allot of time and money on a long court process.

The details of lemon law are different from state to state, but the gist of each of them is the same – to protect the purchaser. With a little research you’ll be well prepared to take the course of action you deem appropriate.

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The Better Business Bureau Arbitration Process California Lemon Law requires that automobile manufacturers provide customers with a way to settle differences over car claims. In your car owner’s manual, there will likely be contact information for an arbitrator. Most California manufacturers use the Better Business Bureau Auto line to settle claims. When you contact the […]

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Your hopes were high, you'd been visiting the dealers for months getting everything right about your new purchase, you signed the agreement and the order was placed. Within a month it arrived - your brand new convertible in that perfect shade of blue. Then you drove it back home...

They happen all the time - the 'Friday afternoon' car. Sometimes the dealer will see it your way and arrange a replacement - sometimes they'll dig their heels in. If that's the case you have to start squeezing them with your weapon of last resort - the Lemon Law.

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