Auto Lemon Laws

Auto Lemon Laws

Generally,​ there are three pieces of​ legislation that you are to​ be acquainted with if​ you ever have to​ deal with a​ lemon car case (God forbid!). They include state lemon laws (sometimes referred to​ as​ warranty laws) that show differences as​ you move from one state to​ another,​ the​ Federal Magnuson-Moss Warranty Act and Uniform Commercial Code (UCC). if​ your state lemon law does not cover your case,​ you can safeguard your rights by going to​ the​ latter two.

Now let's have a​ closer look at​ these laws. a​ state lemon law is​ legislation that applies to​ the​ vehicles with persistent defect(s) and defines in​ what cases the​ manufacturer breached the​ warranty and what the​ consumer is​ entitled to​ if​ the​ warranty is​ breached. Normally,​ the​ customer has the​ right to​ claim a​ refund or​ a​ new replacement.

The lemon law is​ effective only if​ the​ vehicle comes with an​ express written warranty and during the​ warranty period. in​ most states it​ covers new cars that have been purchased to​ be used for family,​ personal or​ household purposes. a​ car bought for business purposes is​ not covered by the​ state lemon law,​ but can be refunded or​ replaced under the​ Magnuson-Moss Act or​ Uniform Commercial Code (UCC).

Usually,​ when you are reduced to​ seeking justice,​ the​ action that you have to​ take depends on​ the​ state where you bought or​ registered your vehicle. in​ some of​ them,​ launching a​ written complaint is​ enough,​ while in​ others you will have to​ hire an​ attorney. Anyway,​ if​ your car dealer or​ manufacturer are unable to​ satisfy your claim,​ you first go to​ the​ arbitration and,​ if​ necessary,​ to​ court of​ law to​ resolve the​ dispute. And it​ is​ a​ manufacturer,​ not a​ car dealer,​ that you take to​ court.

The Magnuson-Moss Act is​ a​ federal lemon law. it​ is​ a​ forebear of​ all state laws and serves as​ recourse,​ when state laws don't help. Its mission is​ to​ protect the​ buyer from manufacturer's breaching warranty. if​ your attorney chooses to​ sue under the​ Magnuson-Moss Act,​ the​ manufacturer is​ to​ recover your attorney's fees (if you win the​ case). it​ refers to​ the​ vehicles and other personal property priced $25 and higher purchased “for purposes other than resale”. the​ law was enforced in​ 1975 and covers the​ products that were acquired after July 4 that year.

The Magnuson-Moss Act deals with both “full” and “limited” warranties. the​ case can be taken to​ court with a​ valid cause of​ action even after the​ warranty has expired as​ long as​ the​ defect appeared in​ the​ vehicle during the​ period of​ warranty.

And last but not least is​ Uniform Commercial Code (UCC). This law grants the​ customer the​ right to​ claim a​ refund or​ a​ new vehicle replacement,​ if​ the​ defect(s) present in​ the​ car have proved to​ continue after several attempts ("a reasonable amount of​ attempts") have been made to​ repair the​ inoperable part. the​ threshold of​ proof is​ defined by a​ particular state law.
When and if​ you decide to​ take action against lemon makers,​ you can study the​ laws and do it​ yourself,​ but it​ can be wise to​ hire an​ attorney,​ who can do it​ quicker and more efficient with his fees recovered by the​ manufacturer.

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