Lemon Law - How To Make A Lemonade From Your Sour Experience.

Lemon Law Background

The term “Lemon-Law” is a nick name derived from other common terms
such as “Lemon-Car”, “Monday-cars” and “Friday-Cars”.

A lemon car is a defective car that, when purchased new or used, is found by the purchaser to have numerous or severe defects not readily apparent before the purchase. Any vehicle with these issues can be termed a "lemon car" and by extension, any product which has major flaws that render it unfit for its purpose can be described as a "lemon product".

New vehicles directly from the factory may contain hidden mechanical flaws or defects in workmanship, usually caused by an error during the build process of the car. These errors can range from parts being installed incorrectly, a tool that was used to build the car not being removed, a batch of materials with structural or chemical flaws or simply bad design.

Usually, a car is labeled a lemon if the same problem occurs 3 times in a row over a short period, and previous attempts at repair have not repaired the problem. In most cases, if you get a lemon, lemon laws will make the company buy back the car or exchange it.

Many of you might remember that during the late eighties the average American consumer almost lost faith completely with the American made cars.
The amount of lemon cars along with the high rate of over the average visits
to the car garages as well as the high repairs and spare parts cost, caused many Americans to switch to Japanese and even European cars.

This was a period of time when Americans were reluctant to go to the dealers garages and preferred to go to oil & lube services only.

At that time Lee Iacocca the CEO of Chrysler Corp identified immediately the problem of mistrust of American consumers in American made cars, Chrysler launched a campaign on national TV promising to provide a bumper-to-bumper warranty coverage for 50,000 miles or five years, which ever comes first! Then GM came with the answer of 60,000 miles or 6 years, which ever comes first! Chrysler returned with the final stroke of 70,000 miles or 7 years which ever comes first.

Few months later I went to the Buick main dealer garage in long Island,
I was seating in the waiting room, next to me was a very nervous guy, I asked him why was he so upset with the garage, he explained to me that even though he had this bumper-to-bumper warranty It doesn't cover labor and the damn car is more than a week in the garage and they don't seems to be able to find what is the problem with the car...

The Magnuson-Moss Warranty Act is Known as the "Lemon Law"


The Magnuson-Moss Warranty Act is a United States federal law codified
at 15 USC 50. Enacted in 1975, it is the federal statute that governs
warranties on consumer products

The Act was sponsored by Senators Warren G. Magnuson of Washington and Frank Moss of Utah, both Democrats.
State Lemon Laws have some differences like coverage of motorcycles and used vehicles, but there are some basic guidelines that they do share.
(See 50 state by state Lemon Law Summaries at:
http://autopedia.com/html/HotLinks_Lemon2.html).

In passing the Magnuson-Moss Warranty Act, Congress specified a number of requirements that warrantors must meet. Congress also directed the FTC to adopt rules to cover other requirements.

The FTC adopted three Rules under the Act, the Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions (the Disclosure Rule), the Rule on Pre-Sale Availability of Written Warranty Terms (the Pre-Sale Availability Rule), and the Rule on Informal Dispute Settlement Procedures (the Dispute Resolution Rule). In addition, the FTC has issued an interpretive rule that clarifies certain terms and explains some of the provisions of the Act. This section summarizes all the requirements under the Act and the Rules.

The Act and the Rules establish three basic requirements that may apply to a warrantor or a seller.

A. As a warrantor, you must designate, or title, your written warranty as either "full" or "limited."

B. As warrantor, you must state certain specified information about the coverage of your warranty in a single, clear and easy to read document.

C. As a warrantor or a seller, you must ensure that warranties are available where your warranted consumer products are sold so that consumers can read them before buying.

The laws define what a lemon car is and require that the manufacturer, not the dealer, takes care of the defects. If a number of attempts have been made to repair a defect that significantly impairs the use, value or safety of a car and the car continues to have this defect, the car is than considered to be a "lemon".

Most statutes set up a warranty rights period of either 12 to 24 months or 12,000 to 24,000 miles. The defect(s) must occur sometime during this period.

Many of the state laws contain specific guidelines as to what constitutes a sufficient number of attempts to repair, and whether these attempts entitle the consumer to a refund or replacement. These are:

a. If the defect is a serious safety defect involving brakes and or steering, the manufacturer is granted one attempt to repair.

b. If there is a safety defect that is not considered a serious safety defect, the manufacturer has two attempts to repair.

c. For any other defect, the manufacturer is usually given three or four chances to repair the same defect.

d. If at any time the vehicle is in the shop for a cumulative total of 30 days in a one year period, with at least one of those days occurring the first 12,000 miles.

If any one of these of these guidelines can be satisfied, the consumer is usually given the right to require repurchase or replacement of his/her vehicle.

Most lemon laws do allow an offset for use of the vehicle by the consumer. Oftentimes, a reduction in the consumer's purchase price return is used in relation to the number of miles he/she had put on the car. One law spells out the reduction in refund for use as follows:

(miles at time of refund X purchase price)/100,000

Only about one half of the lemon laws allow the consumer to recover attorney's fees in his/her action. Those states that do allow attorney's fees provide for a greater likelihood of success and representation in warranty disputes.

What the Magnuson-Moss Act – Lemon Law, Does Not Require

First, the Act does not require any business to provide a written warranty. The Act allows businesses to determine whether to warrant their products in writing. However, once a business decides to offer a written warranty on a consumer product, it must comply with the Act.

Second, the Act does not apply to oral warranties. Only written warranties are covered.

Third, the Act does not apply to warranties on services. Only warranties on goods are covered. However, if your warranty covers both the parts provided for a repair and the workmanship in making that repair, the Act does apply to you. (Source: http://www.ftc.gov/index.html).

Finally, the Act does not apply to warranties on products sold for resale or for commercial purposes. The Act covers only warranties on consumer products. This means that only warranties on tangible property normally used for personal, family, or household purposes are covered. (This includes property attached to or installed on real property.) Note that applicability of the Act to a particular product does not, however, depend upon how an individual buyer will use it.



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Tips For Buying A Used Car And Avoiding A Lemon

Do some homework before you start shopping for a used vehicle. Think about what your needs are, what your driving habits are, and what your budget is. You can learn about vehicle models, options, and prices by reading dealership ads in the newspaper as well as reading the classifieds.

There is also a host of information about used cars on the Internet. Enter the words USED CAR as keywords for searching and you will find information such as how to buy a used car, how to conduct a pre-purchase inspection, ads for cars available for sale, as well as other information.

Your local library and book stores are another source of good information. They have publications that compare car models, options, and costs; as well as offer information about frequency-of-repair records, safety tests, and mileage.

Once you've narrowed your car choices, research the frequency of repair and the maintenance costs on those models in auto-related consumer magazines. For information on recalls, contact The U.S. Department of Transportation's Auto Safety Hotline at 1-800-424-9393.

When you find a vehicle you are seriously interested in, considering using one of the vehicle history services available online to find out what that vehicle’s history is. Some of the services available include an odometer check to help you make sure the mileage on the vehicle is accurate; checking the registration to find out if the vehicle was a rental, a lease, private party, or fleet vehicle; a title check; as well as finding out if the vehicle is a lemon, was in a major accident, was a salvage vehicle, or was ever reported stolen.

There is typically a fee for these services, but spending a little money to find out the exact history of the vehicle can save you serious money and headaches down the road. In order to use one of these services, you will need the VIN from the vehicle. Enter the keywords VEHICLE HISTORY in an Internet search engine such as Google or Yahoo. It will yield results for several organizations that offer these services such as http://www.carfax.com and http://www.autocheck.com

For financing you have two choices. One is to pay in full at the time of purchase. The other option is to finance over time. If you finance, the total cost of the vehicle increases because you are also paying for the cost of credit which includes interest and other loan costs. If you are going to finance, consider how much money you can put down on the car, your monthly payment, the length of the loan, and the annual percentage rate. Keep in mind that annual percentage rates are typically higher on used vehicles. The loan period is typically shorter on a used vehicle as well.

Dealers and lenders offer a variety of loan terms and payments schedules. Shop around. Compare offers. Negotiate the best deal you can. Be very careful about advertisements that offer financing to first time buyers and to people with bad credit. They typically require a big down payment and have a high annual percentage interest rate. If you agree to financing that carries a high interest rate, you might be taking a big risk. If you decide to sell the car before the loan is paid in full, the amount you receive from the sale of the vehicle may be far less than the amount you need to pay off the loan. If the car is repossessed or declared a total loss because of an accident, you could be obligated to pay a considerable amount to repay the loan even after the proceeds from the sale of the car or the insurance payment have been deducted.

If you decide to finance, make sure you understand the following aspects of the loan agreement before you sign any documents:

1) the exact price you are paying for the vehicle, not just what the monthly payments are
2) the amount of your finance charges (the exact dollar around the credit will cost you)
3) the annual percentage rate (APR)
4) the number of monthly payments and the amount of each monthly payment
5) the total cost of the vehicle (including tax, title, registration, finance costs, etc.)

Used cars are sold through numerous types of outlets: franchise dealers, independent dealers, rental car companies, leasing companies, used car superstores, private party sales and the Internet. Check with family and friends for recommendations on where to buy a vehicle. It is also a good idea to call your local Better Business Bureau and/or the State Attorney General office to find out if any unresolved complaints are on file about a particular dealer before you decide to do business with them.

There is a lot of hype in ads you will see. Some dealers are attracting customers with no-haggle prices, factory certified used cars and better warranties. Consider the dealer’s reputation when evaluating these ads.

By law, dealers are not required to give used car buyers a three day right to cancel. The right to return a car in a few days for a refund exists only if the dealer grants this privilege to buyers. Before you purchase from a dealer, ask about the return policy. Get the return policy in writing and read it carefully to be sure you understand it.

The Federal Trade Commission's Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars.Demonstrator vehicles are new vehicles that have not been owned, leased, or used as rentals, but they have been driven by the dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals.

Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year does not have to post a Buyers Guide.

The Buyers Guide must tell you the following:
1) whether the vehicle is being sold “as is" or with a warranty
2) what percentage of the repair costs a dealer will pay under the warranty
3) that spoken promises are difficult to enforce
4) to get all promises in writing
5) to keep the Buyer's Guide for reference after the sale
6) the major mechanical and electrical systems on the car, including some of the
major problems you should look out for
7) to ask to have the car inspected by an independent mechanic before you buy.

When you buy a used car from a dealer, get the original Buyers Guide that was posted in the vehicle, or a copy. The Guide has to reflect any negotiated changes in the warranty coverage. It also becomes part of your sales contract and overrides any contrary provisions. For example, if
the Buyers Guide says the car comes with a warranty and the contract says the car is sold "as is," the dealer must give you the warranty described in the Guide. When the dealer offers a vehicle "as is," the box next to the "As Is - No Warranty" disclosure on the Buyers Guide must be
checked. If the box is checked but the dealer promises to repair the vehicle or cancel the sale if you're not satisfied, make sure the promise is written on the Buyers Guide.

Some states, do not allow “as is” sales for many used vehicles and some states require different disclosures than those on the Buyers Guide. Check with you state Attorney General office to find out what the laws are in your state.