Is your car often stalled? You might just be too tired as well bringing your car to the repair shop- frequently. I can imagine how frustrated you are and how financially drained you have become. Blame that to your lemon car! Anyhow, you might just be covered by the lemon laws of the state you’re living in.
Defining a Lemon Car
A lemon car is referred as a defective or substandard car that breaks down too often and which cannot be repaired for the same problem over a period of time. Lemon laws were enacted to protect car owners against fraudulent automobile manufacturers and dealers.
While it is a federal statute, each state has its own provisions of lemon laws resulting to different coverage of protection to consumers. For example, California lemon laws allow the presence of a lawyer to defend the complainant. The attorney’s fee will be shouldered by the car manufacturer once the appellant prevails in the lemon law suit. On the other hand, Texas lemon laws only allow consumer to be represented by a lawyer when the car manufacturer is represented by a lemon law attorney first. Otherwise, the complainant will have to pay for his own attorney’s professional fee. Furthermore, lemon laws of some states do not cover motorcycles like Arkansas, Colorado, Delaware, Louisiana, Massachusetts, Mississippi, Missouri, New York and Pennsylvania among others.
Federal Regulations on Lemon Laws
If you do not qualify under your state’s lemon laws, federal regulations may still be applicable to your case. The Magnuson-Moss Act protects consumers from manufacturers who refuse to honor the warranties or provide warranties that imply unfair conditions. While the federal act favors consumers, Magnuson-Moss also provides manufacturers the chance to deny warranty coverage in such a way that manufacturers may prove that the defect or the specific damage was actually caused by the owner himself. Unless proven, the car manufacturer or dealer must refund, repair, or replace the defective product bound within the warranty.
Out of Court Settlement
Lemon laws also encourage out of court settlement or arbitration to resolve disputes between the lemon car owner and car manufacturer. States usually have their own arbitration panel. Nonetheless, complainants must still be cautious. If the manufacturer wants arbitration, they must be aware that manufacturers can make arbitration process difficult so as to stun complainants and later on give up the case.
Filing a Lemon Law Suit
When filing a lemon law suit, make sure you have all the documents and written records that will prove that your car is actually a lemon. It is necessary to keep all invoices issued by your repair shop. Each receipt shall specify the detected problem/s of your vehicle. Alongside, date, time and location where car have been stalled shall be keenly documented. These documents are indispensable when it comes to lemon laws cases. The fortune of your lemon law suit relies upon these proofs.
Moving on After a Lemon Law Suit
Learn from your mistakes and compensate this time around. Learn the lemon laws of your state. After all, you would not want to fight for a lemon again. Never buy another lemon car. This is one golden rule that applies to all who have had previous experiences of lemon cars. You just probably realized that buying a car can be a daunting task. After having been victimized by fraudulent manufacturers or dealers, you should now shop intelligently. By being a smart buyer, you may avoid or perhaps minimize the risk of getting stuck with a lemon- again!
Seomul evans is a seo consultant for California lemon law attorneys specializing in California lemon laws.