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Lemon laws are United States Laws
designed to protect the rights of consumers. They are
usually used for vehicles but apply to all commercial
articles. In this article we will concentrate on Lemon
Laws as applicable to vehicles. A lemon is a term used
to describe a new vehicle that needs excessive repair
even though it is new. It has to meet the following
criteria:
Age. Usually for vehicles less than a year old.
Warranty. Usually within the warranty period. In some
states the warranty period is not recognized and the
cases may be entertained even if the vehicle is out of
warranty period depending upon the discretion of the
court. The rights of consumers by virtue of Lemon laws
may exceed the warranties given by the manufacturer.
Repairs. The vehicle needs frequent identical repair,
usually at least 4 times. The repairs should be major
repairs that affect the operation, safety and value of
the vehicle. |
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Down Time of the Vehicle. If the
vehicle is down for more than 30 days in a year due to
defect then it comes under the ambit of lemon laws. The
30 days need not be consecutive days.
The lemon laws cover only new vehicles and not used
vehicles. The vehicle owners should note few points that
help in proving the case in court.
Repair Order. A repair order should be obtained for
every repair visit. The repair order should detail date,
problem or diagnosis and attempted repair on the vehicle.
Purchase documents. Purchase documents like contracts,
warranties, bills etc should be preserved.
Lemon Law Notice. A lemon law notice should be served to
the manufacturer for a refund or a replacement vehicle.
The manufacturer should respond within 30 days. For
normal wear and tear in the lemon vehicle there should
be no deduction from the manufacturer.
Manufacturers Arbitration Program. Some states make it
mandatory to use the manufacturers arbitration program
if available before suing them in court.
Attorney. Utilize the services of an attorney as they
are aware of the details of the laws. Many lawyers work
on contingency basis, which means that you pay the
lawyer if you win the case. Usually the courts award
double the cost of the vehicle plus the cost of
litigation if you win. Most such litigations are settled
outside the court, so it is wise to hire a competent
lawyer who can negotiate to your benefit.
As with most laws, Lemon laws vary from state to state,
however the principle remains the same, which is
protection of the consumers interest.
Article Source:
http://www.articlesbase.com/non-fiction-articles/what-is-a-lemon-law-50740.html
About the Author:
Keith George always writes about valuable news & reviews.
A related resource is Lemon Laws
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