What Is Lemon Law?
Is Your Car Considered A Lemon?
Have you ever purchased a new car and could tell straight off that something wasn’t right? Whether it is the brakes, the steering, or some sort of a smell that just won’t go away, there just seems to be something wrong with your brand new car. You may have bought a lemon. Each state has its own set of lemon laws that deal with new cars that have a product defect that cannot be easily or reasonably fixed. Under most states, a new car would be considered a lemon if it had a “substantial defect” and if the defect persists despite a “reasonable number” of attempts to repair it.
Generally, a substantial product defect is an issue that existed within the car at the time of purchase, which impairs the car’s value, use or safety. The defective portion of the car must affect an important function or expectation of the car. For example, defective brakes would affect the safety of the car and would therefore be considered a substantial product defect. However, a loose radio knob, on the other hand, does not impair the functioning of the car in any significant way and would therefore not qualify as a substantial defect. Most states also require for the defect to be covered under warranty.
If it is determined that your car has a substantial defect, for the purposes of being a lemon, the dealer or the manufacturer of the car is allowed to make a reasonable number of attempts to repair the defect before the car can be considered a lemon. The reasonable number of attempts may range from 1 to 4 depending on the defect in question and to what degree it impairs the expected functions of the car.
Sharona Eslamboly Hakim, Esq. is a successful personal injury attorney and the principal of the Law Offices of Eslamboly Hakim firm in Beverly Hills, California.