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Turning a Lemon into Lemonade

Sue Cherengar

Less than a hundred years ago, driving a car was as much a novelty as shopping for one. In fact, you didn't even need a driver's license to purchase a car. So, it's not surprising consumer protection was as shaky as a new driver. "Buyers beware" was the phrase of the day.

Today, sellers have to abide by laws that protect those consumers purchasing vehicles. For example, all product warranties must be disclosed before consumer purchase. Buyers who feel misled can sue the seller, and buyers who win have the right to recover attorney fees.

Since discovering your car is a "lemon" can take time, each state has its own set of "lemon laws." These laws differ from state to state, but the following general principles typically apply in some version. For example, in California, lemon laws cover the first 18 months or the first 18,000 miles. In Massachusetts, you have one year or the first 15,000 miles. While both states define a finite amount of time, they just permit varying degrees. If the problem on your car has been repaired four or more times, you've lost 15 or more days of vehicle use due to repairs, and your car's condition can cause death or injury, you should check into your state's lemon law regulations.

If your newly-purchased car turns out to be a "lemon," it will be legally labeled a "lemon." The good news is no one else will be blind-sided. Adherence to the "lemon law" is insured since "lemon" is stamped on the official documents needed to transfer the vehicle.

The "lemon law" is much like laws governing the sale of salvaged vehicles that have undergone significant repairs following an auto accident. The car can be sold, but the car's history must be disclosed to the buyer. Like any relationship, you want to know the history of pitfalls before you decide to commit.

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Comments

Submitted by Cory on Feb 9, 2010 - 10:21AM

when your car is still under factory warranty and has been into the dealership more than seven times for the same problem and you're fed up,in Utah I understand there's no mediation so is there something you can do between mediation and litigation, to whom do you turn?

Is this a problem that some attorneys will take on a contingency basis?

Submitted by LegalZoom on Feb 18, 2010 - 4:56PM

Lemon laws vary by state. The steps for having your car declared a "lemon" in Utah can be found here: http://www.consumerprotection.utah.gov/consumerinfo/automobiles.html

Submitted by Val Denniston on Apr 4, 2011 - 7:35AM

I bought a Travel Trailer in May of 2011. We have had numerous leaks and had to replace some light fixtures. It has a slide out and it leaked last Decemter. They sent someone out three times, and it still not repaired. I purchesed this trailer in Oregon. Any help you can give me is appreciated.

Submitted by LegalZoom Saman... on May 3, 2011 - 6:57AM

Hi Val, we are sorry to hear about this situation. While LegalZoom makes creating legal documents easy and afforadble, we can't give specific legal advice about your situation. Feel free to contact our Attorney Services Department at http://attorneyconnect.legalzoom.com/ to search for an affordable attorney in your area to assist and advise you on this situation.

Submitted by Anonymous on Apr 14, 2011 - 6:00PM

Purchased an 05 Toyota Sienna in 07 from a Dodge dealership. Blue book at the time was around $27,000. They only wanted $24,000. Said they just wanted what they paid. They agreed to fix driver broken mirror, replace worn tires, missing floor mats and headrest. The car was loaded, had 17,000 miles and appeared decent.(still under warranty) Had a few repairs under warranty and I decided to purchase an extended Toyota factory warranty before the standard expired. THANK GOD! I just retrieved the car being repaired for the umpteenth time, $14,000 later. The service Mgr. commented that the warranty Rep. made a statement that "good thing they got an extended warranty"! I asked the Mgr. if he thought this vehicle would fall under the Lemon Law, he just shrugged, no answer. I'm writing this to you now and I'm going to do more research. Any input would be much appreciated.

Submitted by Ms. Marcia on Jul 20, 2011 - 11:37AM

My Daughter just purchased a 2002 Ford Taurus and hasnt had it for 45 days & she has had a transmission blowout after 3wks of purchasing the car & now the motor has to be replaced. The mechanic wants to charge $900. to fix it & the dealership does not want to pay for any repairs. We live in Florida and I need to know if we can deem this vehicle a"Lemon" based on 2 major repairs needed within 4-6 weeks after driving off the lot with this "Money Pit"...

Submitted by LegalZoom Saman... on Aug 12, 2011 - 1:15PM

Hi Marcia, thanks for contacting LegalZoom, and we are sorry to hear about this situation. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding the laws that might impact your situation. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.

Submitted by R.Lelo on Dec 29, 2011 - 11:21AM

I am moving from my home which I lost to a Trustee Sale simply because Chase refused to acknowledge me as the only legal owner and refused to allow me to get a payoff quote for the $17,500 loan bal. A Recission may be possible in this matter as Chase was notified by my atty. a yr. ago that I am the true sole owner. I bought out a minor partner 24 yrs ago and gave atty copy of Signed, Notarized Quit Claim Deed from partner and gave copy of quit Claim to W/Mu yrs. before they sold all loans to Chase.

So, even though I am 70% moved out of house and yard is completely cleared of weeds tall grass and misc. debris I took to recology... the party who won biddingh at foreclosure Trustee sale all of a sudden w/o any warning ph.call or note has broken into house, changed locks and chained front gate at entry to property, refusing access then claiming acess next week but,withholds access again in a threatening manner in front of witnesses.

How do I find the right court w/correct form? Have been unable to locate data in Del Norte County clerk office, local paralegal or Business store.
Is small Claims court the proper place to submit a restraining Order request? Thank you , Richard Lelo


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