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Lemon Law

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.