It can be terribly frustrating, not to mention disappointing, when your brand new car, truck, or SUV is in need of frequent repairs. What’s worse is when numerous repairs fail to fix your new vehicle. What can you do once the dealership mechanic has thrown up his hands?
Fortunately, every one of the United States has what is called a “lemon law.” The purpose of a lemon law is to protect consumers in the event their new vehicle has a “defect” or “condition” that is a detriment to the vehicle’s function or that negatively affects its value. In other words, if your brand new car has a problem the dealer can’t fix, you are likely entitled to either a refund or a replacement of equal value.
Lemon laws aren’t perfect, and you are unlikely to retrieve all of the money you spent on your new car. Still, these laws offer the best protection available as regards the purchase of a faulty vehicle.
COULD MY CAR QUALIFY AS A LEMON?
There are conditions that must be met in order for your vehicle to be considered a lemon in the eyes of the law. Your car must either have been in the mechanic thirty days over the course of one year, or it must have been in the shop for the same “defect” or “condition” four times over the course of two years.
Because the amount of times your vehicle is repaired will be the deciding factor in whether or not your car qualifies as a lemon, be sure to obtain copies of all repair orders for every repair that is done on your car. Often times, if the car is still under warranty, a dealership may not offer you a written record. Insist upon it, it is for your own protection.
WILL THE LEMON LAW COVER MY USED OR PRE-OWNED VEHICLE?
Many people who have problems with used or preowned vehicles ask whether the lemon law might apply to them. Unfortunately, the answer to that question is no. Ninety-nine times out of one hundred the lemon law will not apply to anything but a vehicle that has been purchased brand new.
FINAL CHANCE LETTER
Before your vehicle can be recognized by the law as a lemon, you must send what is known as a “last chance letter” to the car manufacturer. There are a few things to remember when performing this step (which is often handled by a lawyer.) First, do not send your letter to the dealership. The dealership is little more than a middleman. It is the manufacturer you need to serve notice upon. To that end, remember also to send the letter registered mail. You will need the proof of receipt this method provides.
WHAT TO DO NOW?
You’ve sent a last chance letter to the manufacturer, you’ve got the proof of receipt. All that’s left is to wait for the manufacturer to contact you with the details of how you’ll retrieve your money or your new car, right? Well, not quite. The fact is car manufacturers normally don’t address warranty issues until they’re sued in court.
While this may seem a heartless practice at first, it does make sense if you think about it. Car manufacturers produce millions of cars. If even only one-half-of-one-percent of their product is defective (which would be a very good margin of error) that would still be five thousand defective cars per every million produced. Most car manufacturers simply don’t have the resources to investigate so many claims, and so they deal only with those cases they must.
HOW MUCH WILL SUING THE MANUFACTURER COST?
Court fees can be expensive, as hiring the services of a reputable attorney. Fortunately, one key stipulation of the lemon law is that, should you win in court, the manufacturer must pay both your court and attorney fees. Before the lemon laws, there were laws on the books protecting car consumers, but those laws didn’t protect the consumer from resulting court costs and lawyer fees.
Most lawyers in Riverside, California (and elsewhere else for that matter)offer free consultations to see if you have a lemon law case. It is possible to fight for your rights as a consumer, and you can learn how from a Riverside lemon law attorney. A qualified attorney can help determine if your car might be a lemon and if so, how you may be entitled to protection under the California lemon law.
HOW MUCH OF A REFUND TO EXPECT
If your vehicle’s manufacturer is ordered by the court to replace or refund your purchase, be aware that you likely won’t get all you’d hoped for.
Your two choices are now a refund or a replacement. Either way, you will not receive the full amount you paid for your “lemon.”
Should you opt for a refund, the manufacturer is obligated to reimburse you only for the exact amount you paid for the vehicle. This excludes any promotions or deals you may have negotiated in the sale. Also, you will be charged a mileage fee for every mile you drive before you first reported your vehicle’s “defect” or “condition.” While this may be fair enough–you did drive and use the vehicle during that time, after all–it often comes as something of a surprise.
If you decide to go for the new car, keep in mind that you will have to choose a vehicle with the same manufacturer’s suggested retail price (MSRP) as your “lemon.” Few things depreciate in value as quickly as an automobile. Simply driving one off the lot decreases its value. By the time you get your new car, you are likely to have to settle for one with fewer features in order to match the MSRP.
While you will be reimbursed for out-of-pocket expenses resulting directly from your lemon vehicle’s “defect” or “condition” (i.e. towing fees), you will not be paid for any time missed at work due to your vehicle.
If you’ve been experiencing repeated problems with your brand new car, truck or SUV, or if you’re experiencing the same problems over and over, you may qualify for protection under the lemon law.
