Lemon laws are those which have been enacted to provide protection for consumers who have purchased a product only to find out that it is plagued with serious problems. In the vent the product cannot be repaired satisfactorily within a certain period of time or if it is repaired but is not as good as a brand new product it is seen to be a “lemon.” People who purchase products that fall into this general description of what a lemon is can find redress through the lemon laws of the state in which the product was purchased. Every state has different lemon laws; it is up to the consumer to appropriate action under these specific laws.
Just as there are different products there are different lemon laws that apply. If, for example, you buy or lease a new car which suffers from serious defects that cannot be rectified within the first year of ownership, the vehicle in question will most likely be covered by the lemon law of the state in which it was purchased or leased. Not all defects are considered serious enough to enact the law; the defect must be something which has a significant effect on the vehicles safety, operation or value.
Like the majority of laws, lemon laws vary from one state to another so it is important that you either fully understand what action you must take to protect your rights or that you hire an attorney who is fully cognizant of the applicable laws. Although it varies the rule seems to be that if the vehicle is unavailable for use for more than 30 days and that the vehicle has been in the dealers repair facility for the same defect at least four times in the first year of ownership, then the vehicle is a lemon and covered under the lemon laws of the state.
Some manufactures insert a clause into their purchase or lease contract which indicates that you waive your rights to recourse if the vehicle is a lemon. A clause such as this is invalid and does not carry any weight under the law, regardless of the clause; the lemon law is still in force.
Many manufacturers try to convince you to mediate rather than sue them in court, both of which are options that the consumer has available to him. Some states insist that you first mediate the claim before going to court while other states allow you to take the claim directly to court. Regardless of which choice you make you are wise to have a lemon law attorney for guidance.
Go to the site YourLemonLawRights.com for more information.
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