Lemon Law,tips,faq

Lemon laws in the United States
The United States has a federal lemon law that protects citizens of all states. There are also state laws regarding lemons which vary by state and may not necessarily cover used or leased vehicles. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. These state laws provide remedies to consumers for automobiles that repeatedly fail to meet certain standards of quality and performance. Lemon Law is the common nickname for these laws, but each state has different names for the laws and acts, which may also cover more than just automobiles. In California and federal law, "Lemon Laws" cover anything mechanical, including a toaster.
The federal lemon law also provides the warrantor may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws. If a car has to be repaired for the same defect four or more times and the problem is still occurring, the car may be deemed to be "a lemon." The defect must substantially hinder the vehicle's use, value or safety. Purchasers who knowingly purchase a car in "as is" condition accept the defects and void their rights under the lemon law.

Used car purchases
If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:
Situation #1: You may be entitled to compensation for breach of warranty if you had one of the following Warranties:
- Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
- Your vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
- You purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer's Warranty Exists If you do not have a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:
- Laundered Lemon (or prior history of mechanical problems known to the seller);
- Previously salvaged or wrecked;
- Fraudulently rolled back odometer;
- Rental car, police car, taxi, etc.;
- Stolen, stripped and rebuilt; and/or
- Involved in a flood.
Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Lemon Laws in a particular state should be obtained from an attorney practicing in that state.

Tips to Protect your Investment
1.Often times, your new car isn't suspected of being a Lemon until it is too late (out of warranty, over the mileage limit, etc). If you keep a record of every repair visit, starting with the first one, you will protect your rights under Consumer Laws. Our Repair Log <http://www.carlemon.com/repairlog.html> makes it easy to record every Repair Attempt.
2.Document everything! This includes notes, who you talk to, what is said, dates and times. Put your complaints in writing and keep a copy for yourself. Be sure to obtain a copy of any Warranty Repair Orders. Demand a copy if necessary and if the dealer will not give you one, be sure to document the fact. When you pick up your car, obtain an Invoice. The dealer may claim that you are not entitled to an Invoice because there were no charges (you were not invoiced for any repairs). It is up to you to prove repair attempts! The final Invoice shows what was or was not repaired.
3.Make absolutely sure the dealer records your complaint on the Repair Order exactly as you describe it. You must make sure to describe the defect exactly the same on each repair visit or you may forfeit your rights under the "reasonable attempts to repair for the same defect" clause.
4.Be sure that the date, time in, and odometer reading are recorded as well as the date and time you picked up the car. In most States you are covered by the Lemon Law if the vehicle has been in the repair shop for an accumulative number of days during the coverage period.
If your car fails in the middle of the desert or in the middle lane of rush hour freeway traffic, record the date and time, the amount of time you had to wait for assistance, whether or not you had to rent a car, and your general overall feelings. The emotional trauma dealing with a defective vehicle has a lot of bearing on your case should you need to go to arbitration or court.