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Extending Protections To Consumers Through A Motor Vehicle
Lemon Law
During the 1980s, many states in the United States and some other
jurisdictions in different countries around the globe began enacting lemon law
statutes. The creation of lemon law statutes arose out of problems that
consumers were having in regard to the purchase of new motor vehicles that
turned out to be significantly defective.
Prior to the enactment of a
lemon law in a given jurisdiction, a consumer's only real recourse if he or she
purchased a car that did not mechanically live up to expectations was to obtain
whatever relief that he or she could seek out of the provisions of a warranty.
In other words, on a very real level, before the advent of the lemon law, a
consumer truly did purchase a new automobile or other new motor vehicle in an as
is condition. If there were problems with a new motor vehicle in the absence of
a lemon law, the consumer was stuck -- plain and simple. There was no legal
mechanism through which a consumer could return a chronically defective motor
vehicle to a dealer without the specific statutory provisions that were found
within a lemon law.
In time, many governmental leaders and consumer advocates began to
realize the inherent unfairness in a consumer being stuck with a deeply flawed
motor vehicle through no fault of that consumer. These leaders and advocates
realized that the time had come to provide consumers some recourse if they ended
up stuck with a truly tainted motor vehicle. As a result of this recognition
that consumers deserved greater protection against defective new motor vehicles,
the lemon law was born.
You do need to keep in mind at the outset that the typical lemon
law only extends protection to a person who has made the purchase of a new motor
vehicle. Used or pre-owned vehicles are not included within the prevue of the
standard or typical lemon law. In addition, the typical lemon law only extends
its protections to consumers who purchase a new car or other motor vehicle for
personal use. A standard lemon law does not extend protection to new vehicles
that are used for business, commercial or fleet purposes.
In general
terms, the manner in which a lemon law operates and works is fairly simple. If
you do purchase a new motor vehicle, and end up facing the same mechanical
defect or disruption over a specified period of time (as set forth within the
lemon law itself), you have the right to return that motor vehicle to the dealer
that sold you the car in the first instance. The dealer has a legal obligation
to refund the money that you paid for the defective motor vehicle in the first
instance. In other words, the typical consumer -- a person like you -- does not
end up with a defective motor vehicle that requires ongoing repair work. You are
able to get the money you invested in the car back and are freed from the burden
of owning a defective vehicle.
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