You bought a new car, and your car gives problems that you cannot fix? No end of life! You are entitled to a replacement or refund under the lemon law. The owners of defective cars that cannot be fixed after multiple repair attempts have no need to worry. Although a defective car is an unpleasant thing, you still have a way to go under the lemon law.
What qualifies as a Lemon?
Your vehicle should satisfy certain standards in order to qualify as a lemon: 1) there should be a substantial defect covered by the warranty; 2) this defect must occur within a certain period of time or number of miles after you bought the car; 3) the manufacturer should make a reasonable number of repair attempts and fail to repair the vehicle.
Now let’s go into more details of what a substantial defect, the time span, the number of miles and a reasonable number of repair defects are
What is a Substantial Defect?
Often times it is not quite clear what a major or a minor defect is. For example, faulty brakes and steering are substantial defects, but loose radio knobs and door handles are not. In any case, the problem must impair the car’s use, value, and safety. In some jurisdictions, even the awful smell is found to be a substantial defect. So, it is not straightforward whether the defect is “substantial” or not. That’s why you’d better consult an attorney.
Your car naturally will not qualify if you bought it five years ago. In most states, the substantial defect must occur within a certain period. One or two years is the time span that should not elapse before your car qualifies for lemon law.
The number of miles
There are different regulations in different states. Usually, a car should not have more than 12,000 to 24,000 miles in order to qualify for a lemon. In any case, abuse of car by your side should not be the cause of the defect.
Reasonable Number of Repair Attempts
Again, this is not clear-cut. If the defect involves a safety issue like brakes or steering, one attempt is enough to qualify for a refund or replacement. But if the defect does not involve a serious safety issue, the manufacturer may attempt 3 or 4 times to fix the issue. In any case, if your car is at the mechanic’s for 30 days and more in a year, your vehicle most probably qualifies for the legal definition of a lemon car.
Call Margaryan Law! We Know the Deal!
As you see, the standards connected with the lemon law are not clear-cut. Before you try to do anything or give up at all, we encourage you to contact a knowledgeable attorney to consult whether you qualify for lemon law. Since we are a long time in the lemon law business, we can provide free consultation and decide together how to proceed. Call us at Margaryan Law. We will make our best effort to win the case so that you don’t lose a penny!