If you or a loved one recently bought a new vehicle that’s frequently in the shop for repairs, you might be dealing with a lemon. In legal terms, a “lemon” is any defective car, truck, motorcycle, or motor home that doesn’t work as promised; this can be in spite of repeated repair attempts under the manufacturer’s warranty.
Lemon law is a consumer protection law designed to help buyers like you, and it exists at both the state and federal levels. Lemon law holds car manufacturers accountable for providing defective vehicles, aiming to get you back on the road in a safe and functioning vehicle.
Do you need someone to fight for your rights? Contact the award-winning New York State attorneys of Schwartzapfel Lawyers either online or by calling us directly at 516-342-2200 for your free consultation today.
How Does Lemon Law Work?
Lemon laws provide a clear framework for dealing with defective vehicles. First, the manufacturer gets a reasonable number of repair attempts to fix the problem. Note: This number isn’t set in stone; it can vary depending on the state you’re in, the specific defect, and the terms of your vehicle warranty. Moreover, if the defect is serious — such as a safety issue like faculty brakes — the manufacturer may get fewer repair attempts.
Then, if the manufacturer is unable to fix the problem after a reasonable number of attempts, lemon law requires them to offer you a more permanent solution.
This usually means you can choose between a replacement vehicle of comparable value or a full refund of your purchase price. Note that in some states, the refund may be adjusted for your use of the vehicle (based on mileage and other factors.).
Here, it’s important to remember that lemon laws have time limits. Generally, you’ll need to act while the vehicle is still under its originalexpress warranty. That said, the specific time period and requirements vary by state, so it’s important to educate yourself on your state’s unique set of lemon laws.
Which Vehicles Are Covered Under Lemon Law?
Let’s take a look at the different vehicles that are covered under lemon law. It’s not as simple as you might think.
About Manufacturer’s Warranty
Lemon laws primarily focus on protecting buyers of new motor vehicles under the manufacturer’s warranty. This means if you’ve bought a new car, truck, or motorcycle from an authorized dealer and it’s giving you persistent trouble despite multiple repair attempts, you’re in lemon law territory.
That said, the situation becomes more complicated when dealing with used vehicles. And while most state lemon laws only apply to new cars, there are some exceptions. For instance, a handful of states do offer limited lemon law protection for used cars, and the federal Magnuson-Moss Warranty Act can provide help if your used car came with a written warranty.
Of course, there are some exclusions to note. Lemon laws generally don’t cover private party sales, vehicles purchased “as is” without a warranty, or vehicles used for commercial purposes. Some states also have specific exclusions for certain types of vehicles, like motorcycles or motor homes.
And what about New York State? New York’s lemon law covers new and used vehicles purchased from a dealer as long as they meet specific criteria regarding mileage and time since purchase.
If your vehicle qualifies, you may be entitled to a refund or replacement if the manufacturer or dealer can’t repair the defect after a reasonable number of repair attempts.
When dealing with a lemon, it’s always helpful to contact an experienced attorney to understand your rights. The seasoned team at Schwartzapfel Lawyers is here to help you get all the money you’re entitled to. Simply dial 516-342-2200 for your free consultation today!
What Are Common Signs You Might Have A Lemon?
You may be wondering if your car qualifies as a lemon. After all, dealing with constant repairs can be frustrating and costly. So, how do you know if you’re dealing with a lemon or just a car with a few minor issues?
Here, the most telling sign is a pattern of recurring problems that the dealership or manufacturer can’t seem to fix, even after multiple repair attempts.
If your new car has been in and out of the repair shop for the same issue, and it’s still not resolved, that’s a red flag. It’s especially concerning if the issue affects the vehicle’s safety, value, or use, which are the core areas lemon laws are designed to protect.
Safety concerns are always a major fear. If your car’s brakes fail repeatedly, the engine constantly stalls or there are other safety-related defects, that’s a strong indicator you might have a lemon. These aren’t just inconveniences; they’re serious hazards that can put you and your loved ones at risk.
Is The Vehicle Impaired?
Another key indicator is if the defects significantly impair your use of the vehicle. For instance, if your new truck’s transmission keeps failing, preventing you from hauling the loads you need for your work, that’s a substantial impairment. Lemon laws aim to ensure that you can use your vehicle for its intended purpose.
It’s worth noting that lemon laws don’t cover every issue. For instance, minor issues that don’t affect the vehicle’s safety, value, or use likely won’t qualify. However, if you’re experiencing persistent problems that are interfering with your ability to enjoy and use your vehicle as intended, it’s worth investigating your options under the lemon law.
It’s important to keep detailed records of every repair attempt, including copies of repair orders and any communication with the dealership or manufacturer. This documentation is often essential if you decide to pursue a lemon law claim.
In some cases, an arbitration program may be available through the manufacturer or a state-sponsored program. However, you also have the right to seek legal counsel from an experienced lemon law attorney who can guide you through the process and advocate for your rights as a consumer.
The skilled attorneys at Schwartzapfel Lawyers can provide the attention and guidance you need and will fight to get you the results you deserve. Call us now at 516-342-2200 to discuss your vehicle and legal options.
What Should You Do If You Suspect You Have A Lemon?
If your gut tells you your vehicle might be a lemon, don’t panic. Instead, follow these steps to get closer to a solution:
Review Your Warranty And State Laws
Start by carefully reading your vehicle’s warranty documents and familiarize yourself with your state’s lemon laws. These resources outline the specific requirements and protections available to you. Pay close attention to any language regarding repair attempts, time limits, and remedies.
Document Everything
Keep detailed records of every interaction you have regarding your vehicle’s defects. This includes repair orders, invoices, communication with the dealership or manufacturer, and any other relevant documentation. It’s also a smart idea to take photos or videos of the defects to strengthen your case even more.
Research Your Car’s History
Do some digging online to see if other owners of your car model have reported similar issues. Websites, forums, and consumer complaint databases can be valuable resources for gathering information and potentially identifying a widespread problem with your vehicle.
Consult With A Knowledgeable Lemon Law Attorney
Lemon laws can get complicated quickly. From dealing with manufacturers to dealerships, it can all be pretty intimidating. Consulting with an experienced lemon law attorney at Schwartzapfel Lawyers can be invaluable. We can help you better understand your rights, evaluate your lemon law case, and guide you through the entire lemon law process. Simply dial 516-342-2200 or schedule with us online today.
File A Formal Claim
If your research and consultation with a skilled attorney indicate you have a legitimate lemon law claim, you’ll want to file a formal complaint. This typically involves sending a written notification to the manufacturer outlining the defects, the repair attempts, and your desired remedy. Your seasoned attorney can assist you in preparing and filing a successful claim.
Contact A Skilled New York Lemon Law Attorney Today!
Remember, understanding the specific details of your state’s lemon law is absolutely critical for making it through the lemon law process successfully. To this end, the right New York lemon law attorney can provide the guidance and support you need to make sure that your rights are protected every step of the way.
What’s more, you can call the skilled legal team of Schwartzapfel Lawyers at 516-342-2200 today for a free consultation and so much more. No matter your situation, it will be our honor and privilege to fight for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources
Schwartzapfel Lawyers, P.C. | Fighting For You
Magnuson Moss Warranty-Federal Trade Commission Improvements Act | Federal Trade Commission
BBB Tip: Buying a used car | Better Business Bureau
New York’s lemon laws | New York State Attorney General
Used-car lemon law: fact sheet | New York State Attorney General
