If you have purchased a new car only to find that is has what appears to be a defect which simply cannot be rectified there are options available to you.
The first thing you have to do is to become intimate with the lemon law in your state. Although the lemon law for car is based on the Magnuson-Moss Warranty Act from 1975, each state has written its own laws and they are all a little different. Although there are differences they all apply to motor vehicles that cannot be repaired even though a number of attempts have been made. Although the majority of state lemon laws cover purchased vehicles only, some states also apply the law to leased vehicles and even used cars. To be classified as a lemon the car must have a problem that affects its safety, use and value.
There are three ways that you can get compensated for a lemon car.
*Have the manufacturer buy back the vehicle: This is the first remedy, the one that is most often taken by the owner of the faulty vehicle. The manufacturer simply takes the car back and pays you for all your expenses associated with the transaction which include all taxes, licensing, finance charges incurred, the down payment you made and the cash value of your trade in. Some states will offset the buyback based on the number of miles the car was driven.
*Get a new car in exchange for the lemon: Under the current lemon law for car this is another viable option. You exchange the lemon for a car of equal value; it’s almost like a trade in without having to take any deprecation into account.
*Monetary compensation: The third way to get paid for the lemon car that you ended up with is to settle on an amount which reflects the diminished value of the car. If you opt for this approach you keep the car and the warranty stays in effect.
If your car does not fall under the guidelines applicable to your state you may still have certain protection under the federal act. Under the provisions of the Magnusson-Moss Warranty Act you have the right to sue the manufacturer based on the grounds that you did not get what you paid for. To do this you will most certainly have to engage the services of an attorney who knows the lemon law for car but under the law, if your case prospers in federal court your attorney fees will be paid for by the manufacturer of the defective automobile.
The lemon law for car varies considerably from one state to another. If you have a lemon you are invited to contact Krohn & Moss Consumer Law Center for a free case evaluation. To know more, visit YourLemonLawRights.com.