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Car Lemon Law
Nearly all State Lemon Law Statutes are similar to the Federal Magnuson-Moss
Warranty Act which makes breach of warranty a violation of federal law. All
States have enacted their own Warranty Acts and many States have enacted
specific Statutes that pertain to Automobile Warranties. If your car is not
considered a "lemon" in your State, you do have other recourses.
In some states, the Attorney General is responsible for oversight of the lemon law and that office can provide information concerning the lemon law in your state. Other states have Consumer Protection Offices which assist consumers with lemon law questions. You may also wish to visit your local library or contact an attorney in your area who practices lemon law.
How
can you demonstrate your car
is a lemon?
Be sure you save all records of any repairs
done, including receipts with dates of service and exact repairs done. This is
especially important if your car was repaired by a mechanic other than the one
at the dealership where you bought the car, particularly if you were physically
unable to drive the car back to the dealer’s repair shop.
Keep purchase
contracts, warranties, and repair orders to prove you have a lemon. (Don't keep
repair orders in your car where they may get lost.)
In many states a
dealer is required to provide a repair invoice for any service. Never leave a
dealership without a copy of the service invoice. If the dealership refuses, you
should write out the date and time the vehicle was at the dealer, along with the
problem reported and ask an employee of the dealership to sign the document. If
they refuse, write their name on the document and the fact that they refused to
sign the document. You may also wish to mark on a calendar all days the vehicle
is at a dealership for warranty repairs.
Can
I drive my car while making
a Lemon Law claim?
Sure can - as long is the car is in a safe position
to drive.
The reasonable continued use of the vehicle does not prevent you from claiming
your rights under the law.
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