Federal lemon laws provide consumer protection against defective products, but are not specific to cars and trucks. Most states have more precise laws geared specifically for defective vehicles. State rules can vary from state to state, but are usually specific to the amount of repair attempts and the amount of time it takes to repair the vehicle. Lemon laws generally cover mechanical and safety defects.
Federal Lemon Law – The Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is a federal law that protects consumers against defective products. The act was designed to protect consumers against all types of products and was not specifically designed for automobiles. The law provides a lot of protection against warranty provisions as well as remedies to repair product defects. Part of the federal law provides for a remedy for defects by either,
- Repairing the defect
- Replacing the product
- Refund of the purchase price, less depreciation
Lemon Law Attorney Fees
If the defective product or vehicle is not remedied by repair, replacement or refund, the consumer can file a lawsuit for damages. If the consumer prevails in a lawsuit, the Magnuson-Moss Warranty Act provides for the vehicle supplier to pay attorney’s fees.
There are attorney’s that specialize in lemon law cases. If a lemon law attorney feels that the consumer has a valid claim, some attorneys may take the case on a contingency. This means the consumer does not have to pay attorney’s fees up front. If the case prevails, the attorney will sue the supplier for fees.
State Car Lemon Laws
Federal law isn’t very specific when it comes to vehicle lemon laws. State laws on the other hand are usually much more specific. State laws will generally specify what the time limits are in years, after the new car purchase date for lemon laws. They will also specify the mileage limits for application of the law. State laws will also be more specific as to the amount of repair attempts, as well as how long the repairs took to complete. Used car lemon laws can have differerent requiremeents under state and federal laws.
California Vehicle Lemon Laws
Lemon laws can vary from state to state. To get more specific information for a particular state, it’s best to look at individual state laws. Many states have adopted California’s rulings. Below is a summary of the California lemon laws specifics for new vehicles.
- Problems arise within 18 months of delivery or 18,000 miles, whichever occurs first
- 2 or more repair attempts for the same condition, if the problem is likely to cause death or serious injury
- 4 or more repair attempts for the same condition
- The vehicle is out of service for a cumulative total of more than 30 days
Preparation for a Lemon Law Claim
- Notify the car manufacturer when a second repair attempt is made for the same condition. Failure to notify the manufacturer of repeat repairs could negate the law.
- Always keep repair records and insure that the records show the mileage, the date in as well as the date out of the repair facility.
- The routine vehicle maintenance should be performed as required by the manufacturer
- The repairs need to be performed by the new car dealer or an authorized agent of the manufacturer.
If the defects and repair attempts fall within the state guidelines, the consumer can contact the manufacturer and ask for a refund or vehicle buyback. If the consumer is not satisfied with the manufacturer’s offer, a lemon law attorney should be consulted. There are also lemon law arbitration board procedures that consumers can use as a resolution.
Sources:
ftc.gov
ag.ca.gov
James Clausen - Clausen received a Bachelors Degree in Business Administration in Automotive Management and Marketing at Northwood University, graduating ...
Join the Conversation