What is Lemon Law? Buying a car is everyone’s dream. A lot of money is spent by people to purchase their dream car. Some people even go with a used car in case buying a new vehicle is not within their financial limits. But what if the newly bought car turned out to be “lemon”? What if all your hard earned money goes into vain? What if you’re left with the car that requires constant repair and maintenance? Don’t worry, there is no need to panic as to protect customers, states have Lemon Law for car purchased. According to the Law, buyers can take legal action against the dealer for selling a bad or faulty vehicle.
The Law provides solution to car buyers, whose cars turn out to be lemon. The Law also states what should be done by the manufacturer if the car qualifies as a lemon. According to the Law, a written warranty must be given to the buyer by the maker and because of the warranty a free of cost repairing should be done on the vehicle by the manufacturer. Even after necessary repairing if faults continue to exist, the maker must refund the complete purchase price to the buyer. Used cars that are sold “as is” are not covered under this Law.
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Different requirements are imposed by states for their consumer’s lemon laws, but a minimum condition that is common to almost all authorities is that the vehicle must be purchased with the warranty in order for the lemon law to apply. The federal lemon law does not consider used vehicles purchased with “as is” or “with all faults”. The state also defines the responsibilities of manufacturer if the vehicle turned out to be lemon. Lemon Law is a specific law that comes under consumer protection laws.
In order to make the producer lawfully responsible for the defective vehicle and for necessary repairing to the vehicle, a manufacturer’s warranty is necessary. There are two types of warranty, express warranty and implied warranty. Express warranty is a written warranty while an implied warranty is not written. In each type, it is manufacturer’s responsibility to repair the defects or replace the vehicle. The responsibilities are imposed on the manufacturer, the seller or both as a matter of public policy by the law. This varies from state to state.
Japan is a major exporter of used vehicles. Large numbers of used vehicles are exported from Japan with a year only. To be completely assured while buying a used vehicle it is necessary for a buyer to check the vehicle’s history and inspection sheet. Testing the vehicle for roadworthiness is important in order to avoid getting stuck with a useless vehicle.
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Lemon laws protect buyers of both new and used cars that get stuck with defective vehicle. If ones used car turns out to be a lemon, then one must visit the dealer from whom the vehicle was bought. With the purchase of a used car, a minimal warranty is given to the customer by the dealer. Used car dealers offer warranty for a short period of time from the date of purchase to buyers. Thus, the warranty requirements act as a Lemon Law. If something goes wrong with the used vehicle, buyer should contact the dealer, not the manufacturer as in case of new vehicle.
Determining the condition of the vehicle is not practically possible before driving it. But it is possible to know one’s rights and laws with respect to car buying. It is beneficial for a buyer be aware of the federal laws of their state while buying a car. In some states used or leased cars comes under Lemon Law, while some states provide protection to only new cars. It totally depends upon in which state the car was purchased or leased in. If the state does not have Lemon Law, then there may be other legal solutions to help customers. Buyer should check whether any of the laws have been violated during vehicle purchasing and if they were, then what to do.