Frequently Asked Questions About Lemon Laws

So, did your new sweet ride break down two days after bringing it home from the dealer? Think you've been ripped off? Well, if you have, you may want to consider enacting the lemon law in your state. However, before you do, you may want to take a look at these common lemon law questions.

What's Considered a Lemon?

Good question. It's also a difficult question to answer, since different states have different requirements. However, in general, if your vehicle is still under warranty, and you've had to get it repaired four or more times for the same defect, you've got yourself a lemon.

What about Used Cars?

Again, it depends on your state. Some states include used cars under warranty, while others have entirely different laws when it comes to used or leased vehicles. Check out http://www.carlemon.com/lemons.html to see the rules in your state.

How do I Prove my Car is a Lemon?

Simply put - paper. The legal system loves paperwork, so you will definitely need documentation to help your case. Keep all paperwork relating to your repairs! Everything!

After your car is repaired, get a copy of the invoice. If the mechanic tries to give you the runaround, saying you're not entitled to an invoice since you weren't charged, don't listen. If you ask for one, they are obligated to provide it. If for some reason the mechanic is extremely set against giving you a copy of the invoice, write a complaint letter stating your demands for an invoice (be sure to keep a copy for yourself), and have it delivered to the mechanic's place of business. Be sure to shell out the extra dough for delivery conformation so you can prove that they received the letter.

Next, when you're getting your vehicle repaired for the second, third, and fourth time, make sure the repair order records your complaint as close to possible as the first repair order. If the repair order gets too vague or says something completely different from the repairs you request, it'll be a lot harder to prove your case.

Okay, I've got a lemon, I've got my paperwork, now what?

Again, it gets a little tricky depending on what state you're in, but for the most part, you need to contact the manufacture. Contrary to popular belief, your beef isn't with the dealer. The first thing you should do is make copies of all your paperwork, and write a settlement demand letter to the manufacture expressing your wishes - either a refund, or a replacement of the vehicle. You are also entitled for reimbursement for rectal car expenses, time lost, and mental anguish, but don't get carried away and start making frivolous demands. Be sure to include all the paperwork with your letter.

If you did everything correctly, and didn't state frivolous demands in your letter, the manufacture should be more than reasonable. However, there are cases when the manufacture will respond to you with a letter full of legal jargon in an attempt to confuse or scare you away. If that happens, you'll probably need a lawyer to help you with some of your own legal jargon to scare them back.

Overall, the process can be a real pain in the neck, and very time consuming. Again, be sure to check out http://www.carlemon.com/lemons.html for more information on your state's laws. Also, checking out your state's attorney general's office is good idea, too. Good luck with that lemon. You're gonna need it.