Driving Citrus: A Guide to Lemon Laws
By: Grant W. RepsherLearning about Lemon Laws
Solving your Lemon dilemma
How to avoid getting a suckerIf you're like most people, the automobile represents one of the largest investments you will ever make (the fact that you specifically have found this site, however, likely qualifies you as a "car person" and means you probably make this investment every couple of years). As a general rule we take great pride in our rides: we insure them; we wash them; we service them; we even just plain "cruise" in them. So it's no wonder nothing makes us sour faster than when the car we worked so hard for, and saved so long for, is (grimace) defective.
The automobile not only gets us from A to B in relative safety, efficiency, and comfort, making our lifestyles and prosperity possible, but it has come to symbolize our personal independence, illustrating a freedom to choose where we drive, how we drive, and when we drive there. When the car is "in the shop," the wheels of our very existence quite literally come off.
On the one extreme we have the particularly appreciative car crowd who doesn't even drive their cars, choosing rather to park them in a hangar, show them to their friends, and wipe them down with a diaper every now and again. At the other end we have the "can't be bothered" types who simply need transport from here to there and are already annoyed by the fact they have to stop for fuel and service the car once a year. Wherever you fall, however, at some point in your life you will very likely own, ride in, or run into what is known as the Lemon.
Lemon laws vary by region but often share similarities from state to state. As one of the oldest and most protected consumer advocacy campaigns, lawmakers understand that with such a high volume of cars, made of so many complex components, from so many global suppliers, that you are invariably going to come across a reject. And because there is enough frequency in this, there are resources out there including the Better Business Bureau and the Center for Auto Safety to help protect us.
One note: should you think you are in receipt of a lemon and would like to research your state's lemon criteria, know that many of the initial search results you come across online will appear as official organizations, though may be sponsored or created by attorneys specializing in lemon laws. Your best bet (regardless of whether or not you need an attorney; when handled appropriately you often will not) is to start with an unbiased national association or your state department of motor vehicles.
Nine times out of ten, the dealer from which you purchased your car will be able to remedy your problems under normal warranty claims, especially if given a second try to correct something. The lemon law is designed to protect consumers from product defects that cannot be fixed by the dealer in good faith after several attempts. To protect the manufacturers from buyer remorse and to keep abuse of the system to a minimum, there are very strict rules in every state that a consumer must abide by should they seek protection under Lemon Law, hence the massive amount of resources and lawyer representation out there.
For example, in most states the car must either be out of operation with the same problem for 30 to 45 cumulative days, and/or, the dealership or agent selling the vehicle must be unable to fix the problem after three (in some states it's four) tries. The problem itself incidentally, must substantially impair the value, function or safety of the vehicle.
Your rearview mirror may fall off, the muffler rattle, stereo short-circuit, and paint job spontaneously melt all within the first week of ownership, but all that means is that you have a crappy car. A "lemon" as defined by state law is not a car that demonstrates a lot of problems within what you consider to be an unacceptable amount of time or usage, but rather a specific issue affecting the car's operation within the warranty period. (Be sure to check your state laws, as an issue that severely impairs the vehicle safety may not need more than one attempt to repair before qualifying for lemon status.)
Additionally, the owner must inform the manufacturer of the defect in writing (often by certified mail) and have documentation illustrating all repairs and service. Again, each state has specific language, though they all generally abide by a variation of the federal Magnuson-Moss Warranty Act that protects consumers from breach of warranty contract.
Lemon-aid
Should your problem qualify for lemon protection and you have met all the requirements, your dealer will likely be able to organize a replacement vehicle. In other cases (and states) the manufacturer will actually purchase the car back from you. Finally, if you're seeking a refund, in some states you will need to present your case to an arbitration board. Once satisfied, the board will force the manufacturer to refund your cost for the vehicle.
To avoid the obvious hassle that is the Lemon Law process regardless of where you live or what you drive, consider the following tips:
Do your homework. The quality of most automotive brands has increased dramatically over the years to a point where you are right to expect a reliable vehicle at just about every price point. There is an abundant amount of resources out there allowing you to review products and hear about others' experiences firsthand. Shop around for a car with a good reputation to immediately decrease your chances of getting stuck with a sucker.
Conduct a thorough inspection (and drive) of your vehicle upon initial delivery, as many serious problems should be apparent right away.
Be sure to document all repair and service records during your warranty period. Often people don't bother to keep Repair Orders for warranty work, as there is no charge or cost to them. Also, dealerships often don't bother with a formal invoice when they aren't collecting payment, but if you need to make a claim, you will need proof of all work.
Grant W. Repsher is the founder of Servassist Online. He is a writer with Automotive News, the auto industry's premier trade publication, and a former contributing editor with the AIADA (American International Automobile Dealers Association). To contact Grant about this article or to suggest future topics, please click here.
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