Car Finance / Getting Some Lemon-Aid From Your Lemon Maker

Getting Some Lemon-Aid From Your Lemon Maker
We hope that you never actually have a reason to read an article about Lemon laws. But if you do, we'd like to make this unpleasant and at times complex subject seem a little less daunting, putting a little hope back in the sour situation of living day to day with a dreaded "lemon."epeat after us in your best Forrest Gump accent, "Mama always says, turn those lemons you are given into lemonade."

To that end, let's try to pare your lemon from the tree. First, we have to determine if you even have a lemon, after all it could just be a bad apple (yes, pun intended). We'll try to point you in the right direction, to either proceed yourself or to seek professional legal advice.
Magnuson-Moss — What's it all about?

The Magnuson-Moss Warranty act is a Federal Law that protects the buyer of any product that costs more than $25 and comes with an express written warranty. Nearly all state Lemon Law Statutes are similar to the Federal Magnuson-Moss Warranty Act. All states have enacted their own Warranty Acts and many have enacted specific statutes that cover automobile warranties. If your vehicle is not considered a "lemon" in your state, you may have another recourse. To find out more about the Magnuson-Moss Warranty Act, click on the link below.

www.access.gpo.gov/nara/cfr/waisidx_99/16cfr700_99.html
I Think My Car Is A Lemon! Now what?

Before we can address that, we must first determine if the vehicle is eligible for Lemon Law. The vehicle must be used part of the time for personal, family, or household purposes. If the vehicle is used exclusively for business purposes, the Lemon Law will not apply, but other laws may. Laws do vary from state to state and between new, used and leased vehicles. Generally, the vehicle must have defects covered by a warranty. Check the "State by State Lemon Law Information" link listed for your state's information.

www.autopedia.com/html/HotLinks_Lemon2.html

A "lemon" is a vehicle that continues to have a defect or defects that substantially impair its use, value, or safety. In general, if the vehicle has had a "reasonable" number of repair attempts for the same defect within the warranty period, and the defect has not been repaired, the vehicle qualifies as a "lemon." The term "reasonable number of repair attempts" varies depending on the defect, and also varies by state. Safety-related defects, typically, require fewer repair attempts than non-safety defects to be considered a "reasonable number of repair attempts." Keep in mind, though, if it is not covered by a warranty, it is not covered by Lemon Law.
OK, I think I may have a case; what's next?

The first thing to do is to make absolutely sure that when you bring the vehicle in for service, the service advisor writes up your concern on the repair order, exactly as you describe it. Before you sign the repair order, check the date, time in, and odometer reading to verify they are correct. If you do find discrepancies, have them changed before you sign the repair order. When you pick the vehicle up, review the correction done for each concern, date, time, and mileage out. If the concern continues, make sure that you describe the concern exactly the same way on each repair visit or you may forfeit your rights under the "reasonable attempts to repair for the same defect" clause. In most states you have Lemon Law coverage if the vehicle has been in the repair shop for an accumulative number of days, so keep records of this information as well. If you have a failure that leaves you stranded, record the date, time, mileage, if you rented a vehicle and the amount of time you had to wait for assistance. The emotional trauma you experience in dealing with a defective vehicle does have bearing on your case should you proceed to arbitration or court.

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