When buying a new car, you want to know that it will perform as it should and drive without any problems. If your new car has a problem that keeps it from driving, you may have a lemon on your hands. Lemon laws can work in your favor to help you get a replacement car.
Lemon Law
When you buy a new car that breaks down shortly after you purchase it, lemon laws can protect you. A lemon is defined as a new car that has a substantial problem that has not been fixed within a reasonable number of tries. It could also be a car that has been out of service for a certain amount of time. Each state defines these terms differently depending on their own state laws. If your car is determined to be a lemon, you could get a replacement car from the dealer that sold it to you.
Car Issues
To qualify as a lemon, your car has to have some serious problems. For example, if your car will not start or dies while you are driving, this could be classified as a lemon. If you have a car that has serious safety issues, like the brakes not working, it could also fall under lemon laws. The issues for your car have to be relatively serious before you can expect a dealer to replace the car. Before you can file a lawsuit against a dealer, you must be able to show that your car has serious problems.
Specifics
Each state has different rules when it comes to how many times a dealer is allowed to try to fix a problem with a car. In most cases, the dealer or manufacturer has four tries to fix a substantial defect with the car. They also can try to fix a serious safety issue with the car twice. As far as total time is concerned, the car can be out of commission for 30 days while the dealer is trying to fix it. If these limits are exceeded, your car may qualify as a lemon.
Lawsuit
If you think that you might have a lemon car, you may want to consult an attorney. Your attorney will be able to look at your situation and determine if a lawsuit would be in your best interest. You can sue the car dealer for a violation of the Magnuson-Moss Warranty Act. This is a federal law that deals with warranties on any product over $25. You could also sue based on your state's lemon laws. If you win, you can get the car replaced and you may be able to get reimbursed for attorney fees. If you lose, you might have to pay the manufacturer's attorney fees.
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