Understanding Your Rights with Lemon Law

In all the 50 states of the Unite States of America, there are laws that are made to guide and protect the rights of every consumer. Whenever a consumer buy an auto, he or she is protected by the Lemon Law. It is a consumer protection mandate wherein a vehicle was found defective, the manufacturer must acknowledge this defect and take appropriate steps to compensate the consumer.  Vehicles that will qualify as lemon are those that are used for household and personal use. 

What is the Lemon Law?

It provides a legal remedy for consumers (buyers and lessees) of used cars which are considered lemons. However, the law requires that the dealer must provide a written warranty which will show that he or she must repair, free of charge, any defects in covered parts or provide reimbursement for the cost of such repairs. If the dealer neglected to repair the car after the consumer tried to ask it, the latter is entitled to a full refund of the purchase price.

How used cars become a lemon?

It's not a fruit! But your car can be a lemon. Under the California Lemon law all consumer products whether it is new or second hand sold within the state with a written warranty are considered a lemon. Used cars that are covered by the lemon law includes the following:

• The car was bought, leased/transferred after the earlier of 18,000 miles of operation or 2 years from the date of first delivery.
• It has a price value of at least $1500
• It had been driven at most 100 000 miles at the time of purchase or lease. 
• It is used for personal purposes.

If your car satisfies the following conditions, it is considered a lemon, hence, you are protected by the lemon law.

The Burden of Proof

You can't just claim for something that you can't prove about. Your rights are limited to the following:

• The defect was found out six months after the delivery or it has been deemed to have existed on the delivery day. Your claim will be void if the dealer proves otherwise
• The consumer can seek for remedies even if the defect was found beyond 6 months after the date of delivery but they will prove that the defect existed at the point of delivery.
• The court will consider the price paid for the product and the age of it because it is possible that a product will still look good even after 6 months. It happens when the product is brand new.

Some manufacturers try to extend the contract in which you will waive your right for lemon law. However, the California lemon law void such contract. As a purchaser or a lessee, you want to guard your rights against defective products especially expensive ones. However, you should expect that you may pass through the hole of needles before you get your claim.

This blog will help your way as you get your rightful compensation or reimbursement for your defective vehicles.