Lemon laws protect consumers from products with serious defects. Each state has its own version of the law, covering a wide range of products. Manufacturers may try to convince you to engage in mediation, but it is not required. It is advisable to consult a knowledgeable attorney.
Lemon laws were enacted to protect consumers from products with serious defects. If an item cannot be repaired to your satisfaction within a certain amount of time, usually within the warranty period, or if the item is not as good as new after many repairs, it is considered a “lemon”. Consumers who find themselves stuck with lemons can find redress through lemon laws. Each state has its own version of these laws and requires consumers to take certain actions to remedy the situation.
There are several lemon laws that cover a wide range of products. For example, if you buy or lease a vehicle, which subsequently develops one or more defects within the first year of purchase, that vehicle would likely be covered under your state’s new vehicle law. The defect must be significant and must be something that seriously affects the safety, function or value of your vehicle.
Like most laws, lemon laws differ by state, so review local guidelines carefully to determine what action you need to take to protect your investment. A standard rule is that any vehicle that hasn’t been running for 30 days or more, or any vehicle that has required repairs for the same defect on more than four occasions within the first year of purchase, is covered by a lemon law.
Some manufacturers will try to convince you that you gave up your rights when you signed the purchase or lease agreement, due to a clause inserted in the contract. Any such provision or waiver is invalid, and the Lemon Laws still apply in full force.
The manufacturer may also try to get you to engage in mediation rather than going to court. You are not obligated to participate unless the process complies with rules set forth by the Federal Trade Commission. In some states, you must use mediation before filing a lawsuit under lemon laws, if the process is certified by that state’s Department of Transportation. Again, you are not required to accept any deal that you are not satisfied with.
As with most legal matters, it is advisable to consult a licensed and knowledgeable attorney in your area who knows the ins and outs of the law. Many Lemon Law attorneys offer free consultations and charge no fees unless you win the case. They even ask for the manufacturer’s attorney fees, and the fees are usually awarded to the prevailing party.
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