Feeling the Squeeze with a Potential Car Lemon?
Legal Article GuideBy: Earl Powers
No one buys a new vehicle expecting it to break down time and time again. However, these days consist of corporate finger-pointing and not wanting to take responsibility for any potential problems. Consumers have to take care and trust no one but themselves when it comes to a car lemon and they have to arm themselves with the latest on their state's car lemon law. Unfortunately, that means always being diligent about documentation and keeping paperwork, no matter what is involved.
According to most lemon laws, a vehicle is considered a lemon when it has a defect or malfunction that continually pops up despite repairs and could be a potential hazard to the driver's safety. Every state is different and has special requirements on the number of times a vehicle should be brought in for service for the same defect before it is considered a car lemon. The lemon law of California states that four attempts should be made to repair the same defect. However, the lemon law of Florida states that it is three attempts.
It is every man for himself, so that is why documentation is so important. Sometimes, the vehicle you bought new is not presumed a lemon until the warranty is out of date or the number of miles on the odometer is over the limit specified in your state's lemon law. The documentation you keep - repair visits, routine maintenance, etc. - will help uphold your rights under the car lemon law.
When you are getting warranty work done on your car, make notes on each and every person you talked with about your maintenance and repairs. Ask for quotes as well as actual work done in writing. Just because some repair work may have been done under warranty and therefore covered by the manufacturer does not mean you are not entitled to an invoice. The burden of proof lies with you.
Another tip is to have the authorized repair center make note of your complaint on your invoice. Make sure that every time you receive a receipt or any piece of paper with your car statistics that it has your car's odometer reading listed too. Write down the date and time of all of your phone conversations. Sometimes, managers and other decision makers will claim that they did not receive any messages from you. Be sure to get last names and employee titles where applicable. It will be harder for anyone to 'pass the buck' with your documentation.
As a consumer, you have certain rights under your state's lemon laws. If you have any trouble with the manufacturer making good on your car, you can consult with lemon law attorneys. They will help you understand your rights. The lesson to be learned when buying a new car, is always expect a car lemon. That way you will be prepared for anything that happens.
Earl Powers, US Lawyer and Lemon Law In expert - focusing on State Lemon Laws and Lemon Law Attorney
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