What is a "Lemon Law"?

Nothing really compares with the joy of purchasing a new vehicle. The smell, the great feeling from sitting inside of it, the joy of cruising down the street, showing off to friends and family; it's just an all around great feeling. However, for all of the joy that a new car can bring, it also has the potential to bring a little pain with it. For anyone who has ever had the experience of purchasing a lemon, words fail in describing the horror that comes with knowing a brand new car cannot stay started for more than a few minutes. Luckily, there are laws in place that can protect consumers from buying vehicles such as this, and these laws are known as "Lemon Laws".

Of course, in order for your car to be protected under the lemon laws, it must first be qualified as a lemon. In order for a car to be a lemon, it must have a problem which simply cannot be fixed. Meaning that it has been in service for the problem several times, but no lasting or permanent solution for it can be found. Although the exact definition is a little more complicated, we can basically think of a lemon as a car that cannot be fixed. Of course, the definition for what makes a lemon is slightly different for each state. So, depending on where you live, you can check out the internet or call a local representative or state office to figure out what the exact law is for your state. However, in defining and learning about lemon laws, there are several historical precedents that have been set by various laws.

One of the most important laws, and one of the earliest ones to be drafted is the Magnuson-Moss Warranty Act of 1975. Although not directly related to the lemon laws for a particular state, the Moss-Magnuson Act is effective nation wide and protects buyers from any product that has a bought cost of over twenty-five dollars. However, the Moss-Magnuson act also only applies to products that came with a warranty. Basically, the act is in place to protect against unfair warranties and to make sure that consumers who want to bring a lawsuit can afford the cost of getting an attorney.

The second law that comes into play when talking about actually replacing the lemon is the Uniform Commercial Code, commonly abbreviated to UCC. The UCC is a nationwide law, and the basic concept behind it is that it provides for the actual replacement or refund when it comes to a lemon car. The tricky part, though, is that the UCC does not offer a universal definition for what a lemon actually is. Thus, it is up to state and local laws to determine that.

Thus, we now know that the Magnuson-Moss Warranty Act provides consumers the right to a lawyer when seeking legal compensation for their lemon, and the Uniform Commercial Code supplies them with ability to actually get another car or their money back. Now, the only thing left to learn is what actually constitutes a lemon, and how it varies from state to state.

Keeping in mind that different states all have different laws, there are a few universal characteristics of a lemon that can be noticed between many states. Basically, a lemon law covers a car up until about 16,000 to 18,000 miles, after that, the consumer is on their own. A car is a lemon, if it falls within that mileage range, if it has a safety defect or other major problem that cannot be fixed within several attempts. A car also qualifies as a lemon if it has been out of service (unusable) for a period of days over a certain period of time. Remember, though, that each state has different laws, and it is incredibly important to find out the specifics of your state before attempting to seek legal action.

When you do seek legal action, though, there are a couple very important things to remember. While in the process of trying to get your lemon fixed, make sure that you have proper and organized documentation of everything. Remember that a lemon law taken to court is still a law, and it will still be considered a legal trial. In order for you to get another car or your money back, you are going to have to win the case. Remember that you must always follow whatever procedures or laws are in place, and make sure that you have the proper documentation when you come to court.

If you learn the lemon law rules, and make sure to keep a level head and an organized folder when dealing with everything, you will find that the lemon laws are actually incredibly helpful to consumers, and if you or anyone you know is ever in a bad situation with a new car, these laws will be able to help, getting you the new car you need, or the money you spent back.