Lemon laws
YOUR CAR
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Stuck with a lemon?
Information and timely action are your best toolsinvestigate your state's lemon law.
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By John
Goepel
LEMON LAWS
Buyers of new cars sometimes act as though they, as consumers, have numerous legal safeguards. While
there are some protections, such as lemon laws, for you as a car buyer, it's more realistic and a lot
safer to act as though you were your own best consumer advocate.
The old advice suggesting that if someone hands you a lemon you should make lemonade doesn't apply in the
automotive world; you should investigate your state's lemon law instead. California, Nevada, and Utah
all have one.
Lemon laws, while not free of complexities, basically are designed to provide some relief for a new-car
buyer if the car doesn't perform as provided by its express warranty and cannot be fixed within a reasonable
time. There are many ins and outs to lemon laws, but they have much in common. Here are
the basics:
- Coverage is for new vehicles under manufacturer's warranty.
- With some exceptions, the vehicle must be used primarily for personal, family, or household
purposes.
- The defect must prevent the vehicle from conforming to the manufacturer's express warranty.
- In most cases, the manufacturer must replace the vehicle or refund the price if it can't fix the
problem in four tries, or if the total repair time is over 30 days.
- The defect must substantially impair the use, the market value, or the safety of the vehicle.
- Defects caused by neglect or abuse don't count.
- If there is a dispute settlement procedure, such as arbitration, established by the manufacturer, you
may have to go through that first.
Protecting yourself
As the car owner, you have certain responsibilities under lemon laws. And there are some things you
should do to help ensure your success. Here are a few suggestions:
- Maintain the vehicle according to manufacturer's specifications.
- Don't modify or abuse the vehicleyou can't turn your car into a low rider or take it drag
racing and then expect to be covered by a lemon law.
- Don't delay. Time limits for action vary. Act promptly to notify the dealer or manufacturer of
the problem.
- Have all warranty repairs made by an authorized dealer.
- Describe the problem but leave diagnosis to the dealer.
- Document, document, document. Create a paper trailkeep copies of all contracts, service
records, and bills; make notes of all dealer contacts, such as conversations and telephone calls, with
dates, names of those involved, and summaries of what was said.
- If you communicate with the manufacturer or dealer by mail, save a copy of the communication and use
certified mail with a return receipt.
- Be relentless. When you're dealing with bureaucracies, polite but dogged persistence can be an
effective technique.
- Try to remain reasonable and even tempered under stress.
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R E S O U R C E S
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If you believe your car is a lemon, start by investigating the specifics of your state’s lemon
law by using the addresses below. And keep in mind the California attorney general’s
counsel: “For complete advice concerning your legal rights, you should consult your own
attorney.”
- For California lemon law information, contact the Department of Consumer Affairs,
400 R Street, Sacramento, CA 95814. (800) 952-5210, or visit the
Department of Consumer Affairs..
- For Utah lemon law information, contact the Division of Consumer Protection,
Department of Commerce, Heber M. Wells Building, 160 East 300 South, P.O. Box 45804,
Salt Lake City, UT 84145. (801) 530-6601, or visit the
Division of Consumer Protection.
- For Nevada lemon law referral information, contact the Nevada Consumer Affairs
Division, 4600 Kietzke Lane B-113, Reno, NV 89502. Phone (800) 326-5202. Visit
the Nevada Consumer Affairs
Division.
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The FTC and the California Bureau of Automotive Repair Web sites offer lots of information. Consumer
Reports's annual car issue (April) includes picks and pans for used cars, and CR is
merciless. (Example: "The Sportage delivers just about the nastiest ride of any passenger vehicle
made today. . . . You're also treated to grating road, wind, and engine noise.") If you haven't the
time to search out the precise make and model you want, there are online services to help. AAA has
joined with one, iMotors, that offers AAA members a special benefit.
When you test-drive a prospect, be sure to use all the accessories. Turn the heater on. Run the
wipers. Check all the lights. Toot the horn. Inspect the car yourself for all the usual trouble
cluespuddles beneath, wear on the gas pedal, cracked glass, uneven tire wear, loose steering,
brakes that pull, and smoky exhaust prominent among them. A test drive and your own nonprofessional
inspection will give you an idea of how the car drives and whether there's anything really obvious
amiss. But that's not enough. Take the car to a trusted technician for a thorough inspection. AAA
can inspect cars at one of its diagnostic clinics or Car Care Plus facilities.
Even though the car has been inspected, unforeseen problems requiring repair soon may arise. Keep
this in mind as you negotiate price, and leave yourself some reserve cash.
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