Lemon
laws were designed to protect the consumer. Buying a vehicle
is one of the major purchases a person can make and having protection
against a bad deal is important. Lemon laws differ from state
to state, but the basics of the law are standard throughout.
The lemon law gives consumers
a basic definition of what considers a vehicle to be a lemon.
It also states that the manufacturer is responsible for problems
and goes on to define how matters should be handled when a lemon
is in question. The lemon law sets up a warranty period that
is usually between 12 and 24 months. It also specifies how many
attempts must be made to correct the defect before a refund
or replacement is ordered. Most often serious defects that would
affect the safety and security of passengers is allowed one
attempt to correct. Other lesser concerns usually are allowed
three attempts under lemon law. When the refund is given there
are dedications for use of the vehicle. This usually correlates
with the number of miles on the vehicle. Not every situation
qualifies under the lemon law, so checking a specific state's
rights and regulations is important before attempting to use
the law.
Once you know your case qualifies
under the lemon law there are some steps you can take. Repairs
are an important part of the lemon law, as stated above, there
are a certain number of attempts allowed to try to repair the
defect. It is important that you keep good repair records to
prove the attempts have been made.
After repairs have been attempted
you have to notify the manufacturer about the updated news.
You should then be set up to get the refund or replacement under
lemon law. Sometimes the manufacturer may disagree and you may
have to go to court to resolve the matter.
Lemon laws are a way to make
manufacturers responsible for the vehicles they make. When a
person buys a vehicle they expect to be able to drive it and
use it, not be stuck with major problems. Fortunately more often
than not major defects are caught as soon a the vehicle is on
the market and the manufacturer steps up to replace them. However,
if this doesn't happen then your state's lemon laws are there
to look out for your rights.
Lemon Law in the United States
are laws that provide solutions to consumers for automobiles
that are referred to as lemons. Automobiles that repeatedly
fail to meet certain standards of quality and performance are
referred to as lemons. The laws dealing with a so called lemon
are know as Lemon Law.
Lemon Laws varies by state
and may not necessarily cover used or leased vehicles. Lemon
Law rights by Lemon Laws may exceed the warranties expressed
in purchase contracts.
Lemon Law Common
Facts
Under the Washington State
Motor Vehicle Lemon Law, a vehicle is considered a lemon when
it hasn't been repaired after "a reasonable number of attempts."
1. Washington State has a
Motor Vehicle Lemon Law that is made to protect consumers who
have continuing warranty problems with a new or nearly new vehicle.
2. If you feel you own a lemon, under the lemon law you can
request an arbitration hearing through the Attorney General's
Office.
3. To be accepted for arbitration your vehicle must be covered
under the lemon law. With a few exceptions, lemon laws cover
passenger cars, small and mid-sized trucks, large motorcycles,
and motor homes.
4. To be covered under lemon laws, your vehicle must have been
originally purchased or leased in Washington state and also
originally registered in Washington.
5. You must submit a request for arbitration within 30 months
of the vehicle's original delivery date under lemon law.
6. You do not have to be the original owner of the vehicle to
request arbitration, but your vehicle must meet all the qualifications.
Under the lemon law you must also apply for arbitration within
30 months of the vehicle's original delivery date to its first
owner.
Which Vehicles
Are Eligible Under Lemon Law:-
The lemon law covers most
classes of motor vehicles including "demonstrators" which have
an original retail purchase or lease in Washington and are originally
registered in the state An owner can request an arbitration
under Lemon Law at any time within 30 months of the vehicle's
original retail delivery date.
You need not have to be the
original owner to request arbitration. Later owners of a vehicle
may request an arbitration if: the vehicle was purchased within
two years of delivery to the original retail consumer and within
the first 24,000 miles of operation; the vehicle meets the other
eligibility requirements; and the Request For Arbitration is
made within 30 months of the original retail delivery date.
The Following Vehicles
Are Not Covered By Lemon Law:
1) Motorcycles with engine
displacements of less than 750 cubic centimeters;
2) Trucks over 19,000 lbs. gross weight rating;
3) Portions of a motor home used as dwelling, office, or commercial
space;
4) Vehicles purchased or leased by a business as part of a fleet
of 10 or more.
What Is A "Lemon"?
Your vehicle may qualify as
a "lemon" if it has one or more substantial defects that have
been subject to a "reasonable number of attempts" to diagnose
or repair the problem(s) under the manufacturer's warranty.
A "reasonable number of attempts"
has occurred when:
1. Diagnosis or repair of the same "serious safety defect" has
been attempted two or more times, and the defect continues to
exist.At least one attempt must occur during the "warranty period".
- A "serious safety defect" is a life-threatening malfunction
that impairs the driver's ability to control or operate the
vehicle, or creates a risk of fire or explosion under lemon
law; OR
2. Diagnosis or repair of the same "nonconformity" has been
attempted four or more times, and the defect continues to exist.
At least one attempt must occur during the "warranty period"
as per lemon law.
- A "nonconformity" is a defect that "substantially impairs"
the use, value or safety of the motor vehicle so as to make
the vehicle unsafe or diminished in resale value for comparable
vehicles; OR
3. A vehicle has been out-of-service for diagnosis or repair
of one or more nonconformities or serious safety defects(whether
or not repaired) for a cumulative total of 30 calendar days,
with at least 15 of those days occurring during the "warranty
period."
At the arbitration hearing,
the arbitrator will ask you which of the above criteria applies
to your vehicle. You can claim one or more of the criteria listed
above under lemon law as long as you can prove to the arbitrator
that they apply to the defect(s) in your vehicle.
The Warranty Period
To determine whether you have
a claim under Lemon Law you will have to determine whether at
least one attempt to diagnose or repair each defect occurred
under the manufacturer's warranty and within the "warranty period."
It is important to understand that, for purposes of arbitration,
the "warranty period" may be different from the actual manufacturer's
warranty. The lemon law requires that the manufacturer's warranty
cover at least 1 year or 12,000 miles (whichever occurs first).
An extended service contract is not an express manufacturer's
warranty.
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