Lemon Law



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What Are Lemon Laws?

Lemon Laws are state and federal laws that provide a remedy to buyers who purchase cars (and occasionally other consumer products) that fail to meet standards of quality and performance. The term “lemon” usually applies to defective vehicles, like automobiles, trucks, and motorcycles, though there are other “lemon laws” for a variety of different products ranging from small electronics to animals.

Sources of Lemon Law

The federal lemon law is the Magnuson–Moss Warranty Act. It was enacted in 1975 and protects citizens of every U.S. state. Various states have their own lemon laws, and what they cover and the policies for making claims vary greatly. For example, some states' laws will cover used or leased cars while others' will not. The federal lemon law generally covers mechanical defects, but stat lemon laws can be more expansive. Both the federal lemon law and many state laws also provide for prevailing party attorney fees if a lawsuit must be filed by a purchaser in order to recover for a lemon vehicle or other product.

Warranties

Lemon laws are usually designed to exceed the contractual protections described in warranties. Indeed, many lemon laws take the form of “implied warranties,” or warranties that the law imposes upon a transaction that assures that the products are what they claim to be and reasonably fit for their intended purpose. Just as with a contractual (often called an “express”) warranty, the implied warranties created by lemon laws require the seller or manufacturer to correct any defects or face liability.

As-Is

Although laws vary greatly by state, one general requirement is that a product must be purchased with a warranty in order to be eligible for protection under lemon laws. If the vehicle is purchased “as-is,” this is usually an express agreement between the buyer and the seller that the buyer assumes the risk of any defects in the product. If that is the case, the buyer, in essence, assumes the risk of any defects in the product and loses the right to seek recovery for those losses from the seller or manufacturer.

Time

The time period in which one must make a claim for a lemon product also vary greatly. Some jurisdictions and products have terms as short as several days, while others may last for months. Every product deteriorates with use and a number of other variables affect the performance of a consumer good over time, so most of these time periods are relatively brief (usually no longer than 60 or 90 days).

For more information about Lemon Laws, please review the materials below. You can also find an attorney in your area who can assist you with any specific questions or legal issues you may have by visiting our Law Firms page.

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Articles About Lemon Law

  • My Car is a Lemon: Now What?
    Buying a car is usually an exciting experience. But, when your new car does not function properly, it can be a frustrating experience. When a car dealer sells you a lemon, how can you get to the “lemonade” of a properly functioning car and possibly even receiving a cash settlement?
  • The Importance of Safety Ratings of Cars
    For many people, appearance as well as performance has always been the first criteria for buying a new car. But do you know that the safety of the car is also extremely important? Just as this is a very important factor in buying a new car, it is also very important when buying a used car as well.
  • Death by Product
    Product liability comes into play when a person is injured or killed as a result of a defect in a product, they have a product liability claim against the manufacturer. Such claims differ in various states. This articles explains the process of filing such a claim in Alabama. You've heard of product liability cases, but what does that actually mean?
  • If You've Been Injured by a Product, You Need an Attorney Who Knows Product Liability Law
    Have you been injured by a product you bought? Did you use that product in the manner in which it was intended? If so, you may be a personal injury victim, eligible to file a lawsuit for product liability. If so, hire a Kansas City personal injury attorney who specializes in product liability, to make sure your rights are protected.
  • Factors Contributing to Trucking Accidents
    Trucking accidents are often caused by dangerous actions, that can be considered negligent. Understanding how these contributing factors affect your personal injury law suit is imperative, if you are to receive the financial damages to deserve.
  • Recalls of Defective Vehicles Underscores Lemon Law Value
    Toyota has added two new models to the list: the Lexus GX 460 and the Land Cruiser Prado.
  • Lemon Law Recalls Make Car Buying a Risky Business
    Analysts say it is more difficult for prospective car buyers to avoid defective vehicles.
  • California Lemon Law Covers All Consumer Products Under Warranty
    The lemon law also protects consumer products purchased for personal use.
  • 7 Fatal Mistakes Clients Make when They Have a Lemon
    The Alabama Lemon law is a statutory creation, which provides specific guidelines for people to follow in order to obtain a refund or replacement on the vehicle they purchased. While the statute can be viewed as straightforward, it is also very technical, and many individuals fail to follow all of the proper steps in order to preserve their Lemon Law claim.
  • All Motor Vehicles Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Motor Vehicles Law including: auto dealer fraud, automobile accidents, automotive, bus accidents, lemon law, motor vehicle accidents, motorcycle accident, railroad accidents, rollover accident, traffic violations, trucking accident.

Lemon Law - US

  • 50 States Lemon Law

    Information derived from State and Federal Lemon Laws.

  • ABA - Lemon Laws

    Lemon law usually applies to new cars purchased for personal, family, or household use. These laws entitle you to a replacement car or a refund if your new car is so defective that it is beyond satisfactory repair by the dealer. You must, however, give the dealer a reasonable opportunity to repair the car.

  • Better Business Bureau Auto Line - Lemon Law Division

    Founded in 1978, BBB AUTO LINE is the nation's oldest and most respected auto warranty dispute resolution program. Information about BBB AUTO LINE rules, procedures and participating manufacturers is included on this site to help you understand the process.

  • Federal Lemon Law Explained - Magnuson-Moss Warranty Act

    Lemon Law Explained brings to you information on Lemon Law and how lemon laws can help you. There are basically 3 sets of laws (Lemon Laws) that apply to all defective vehicles and products that are purchased in the United States of America. * The Magnuson-Moss Warranty Act is a Federal Law that protects the purchaser of any product that costs more than $25 in addition it must come with an express written warranty. * The Uniform Commercial Code or UCC has been adopted in all 50 states and covers contracts dealing with the sale of products

  • Lemon Law - Wikipedia

    Lemon laws are American state laws that provide a remedy for purchasers of cars in order to compensate for cars that repeatedly fail to meet standards of quality and performance. These cars are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.

  • National Highway Traffic Safety Administration (NHTSA)

    NHTSA was established by the Highway Safety Act of 1970 to carry out safety programs previously administered by the National Highway Safety Bureau. Specifically, the agency directs the highway safety and consumer programs established by the National Traffic and Motor Vehicle Safety Act of 1966, the Highway Safety Act of 1966, the 1972 Motor Vehicle Information and Cost Savings Act, and succeeding amendments to these laws.

  • NHTSA - Office of Defects Investigation (ODI)

    The Office of Defects Investigation (ODI) is an office within the National Highway Traffic Safety Administration (NHTSA). ODI conducts defect investigations and administers safety recalls to support the NHTSA’s mission to improve safety on our Nation's highways. NHTSA is authorized to order manufacturers to recall and repair vehicles or items of motor vehicle equipment when ODI investigations indicate that they contain serious safety defects in their design, construction, or performance.

Organizations for Lemon Law

  • Center for Auto Safety

    The Center for Auto Safety in the nation's capital: * keeping consumers up-to-date on auto related legislation and regulation * working with congress and federal agencies to make our cars safer * providing expert opinions and data in congressional testimony.

  • Consumers for Auto Reliability and Safety

    Consumers for Auto Reliability and Safety is a national, award-winning non-profit auto safety and consumer advocacy organization. CARS works to save lives, prevent injuries, and protect consumers from auto-related fraud and abuse. CARS is also on the forefront of exposing illegal practices such as "lemon laundering" of hazardous vehicles across state lines. CARS founder has a decades-long history of winning pro-consumer victories, against enormous odds.

  • Going Legal - Lemon Law News

    Lemon laws are American State laws that can provide remedy for people who have purchases a vehicle that has continually failed to meet the required standards of quality and performance. Unfortunately, each year, more and more Americans are sold cars that appear to have persistent problems, these cars are known as 'lemons' and Lemon Laws are designed to protect citizens of all states from faulty autos.