A General Overview of a Lemon Law Claim

All states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. In addition, there is a Federal Lemon Law known as theMagnusson Moss Act which provides some protections to you. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your auto must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always provide that the consumer must give the manufacturer a reasonable number of attempts to repair the problem, and the number that is considered reasonable can vary from state to state.

The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair your substantial defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc