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Default Auto Lemon -can Your States Lemon Law Help You?

Buying a car is not like buying a radio; you cannot return it to the
store for a refund if you do not like it, or if it has a manufacturing
defect.

In fact, for many years, if you purchased an automobile that came from
the factory with defects, you were just stuck.

You could try to get the dealer to repair the problem, but if the
problem continued and the dealer could not repair it, you were out of
luck.In 1982, the luck of owners of so-called "lemons" changed for the
better, as California and Connecticut passed the nation's first "lemon
laws." These laws, spawned by consumers who had waged tireless battles
against major auto companies, allowed owners of defective automobiles
to seek compensation or replacement with the help of their respective
states.

These laws swept like wildfire throughout the country, and now all 50
states have some form of the lemon law. The specifics of the lemon
laws will vary from state to state, but in general, they define a
"lemon" as a vehicle that:

Has a "nonconformity" that affects the safety, use, or value of the
vehicle, andThe nonconformity has not been successfully repaired after
a "reasonable" number of attempts, and/orThe vehicle has been out of
service for a total of a certain number of days for repair of the
nonconformity.The length of the warranty period also varies; coverage
typically runs anywhere from one year or 12,000 miles to two years or
24,000 miles.

As previously stated, the specifics vary from state to state,
particularly the number of repair attempts that constitute
"reasonable" and the number of days that the vehicle must be out of
service in order to qualify.

In some states, repairs that affect the brakes or other safety
equipment need only one repair attempt to qualify as
"reasonable."Restitution is fairly consistent from state to state; it
usually requires the manufacturer to either replace the vehicle with
one of comparable value, or refund the purchase price, along with
taxes, registration and delivery fees.

Some states leave the option of replacement or refund to the
manufacturer, but most give the option to the consumer. What should
you do if you think you have a lemon? You should:

Make sure that you document everything relating to repairs of the
vehicle, including when and where it was repaired, who signed the work
order and what work was done.You should contact the manufacturer in
writing, alerting them to the nature of the problem.You should consult
with your state's Attorney General's office to learn how your state's
law affects you directly.You may have to go through an arbitration
process; this involves both you and a representative of the
manufacturer explaining your respective situations to a panel that
will then provide a ruling. The arbitration ruling is usually binding
on the manufacturer; they will have no recourse should the panel rule
in your favor.

Generally, if you don't agree with the panel's ruling, you still have
the option of filing a lawsuit in court. You may wish to hire an
attorney to represent you; there are plenty of lawyers who specialize
in lemon law cases, and they can probably bring the case to a solution
more quickly than if you handle the case yourself. Be sure to contact
your state's Attorney General's office regarding the specifics of your
own state's lemon law. You don't want to miss a deadline, or you could
be stuck with your lemon for a long time.



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