Nov 07 2008
What is my remedy if my vehicle is a “lemon”?
Once you have reached your point of “reasonable returns for repair,” which varies with every situation, you have a right to demand that the vehicle either be repaired, replaced, or that a refund be given. You have these rights even if the vehicle is out of warranty, so long as the unrepaired defects occurred first within the warranty and continue to occur afterwards. Many unscrupulous dealers tell people that the vehicle is out of warranty and they have no rights, or they must pay for repairs themselves. This is another reason why it is important to document each occurrence of the defect and repair attempt within the warranty period. The law states that the warranty continues to protect a consumer so long as there is a record of at least one attempt to repair the problem within the warranty period.
The Lemon Law also requires the warrantor to pay for the consumer’s attorney’s fees on a meritorious claim. Therefore, anyone may bring a lawsuit under the Lemon Law regardless of their financial condition.