Businesses are more informed and more likely to seek remedy on flawed purchases than the general populace. For example, when purchasing a vehicle, a company will study the contract and know their legal rights thoroughly should the vehicle at some time prove unroadworthy. While most of us are less likely to know what to do and we’re more likely to believe the defective purchase was just a bad buy. Thankfully there’s are laws to protect the owner’s rights for defective goods and it’s called the Lemon Laws.
What Is the Lemon Law?
As many as six states in the USA have lemon laws, and then there is a federal lemon law is the Magnuson-Moss Warranty Act, which is essentially a consumer warranty. For a state lemon law to apply here’s a typical scenario. You’ve purchased a vehicle, and not long after, it displays an error that is impeding performance or safety. Your vehicle could be labeled a ‘lemon’ car or motorbike, and you may be entitled to some form of compensation here. Under the United States lemon laws, you can get a refund or a replacement vehicle from the manufacturer if the problem you’re experiencing can not be fixed.
How Do I Know It’s A Lemon Vehicle?
The definition of defect varies from one state to the other, which is why you should go through your state’s laws to understand just what qualifies as a lemon vehicle. Generally speaking, though, it’s a vehicle with an issue that’s impairing the value, performance, or safety to a great extent. This means that problems with your windows or door handles won’t really be enough under the lemon laws because the defect needs to be substantial. Some of those will be pretty clear, and anyone can spot them, like engine failure problems. Issues with your transmission or gearbox are also quite clear and can not be debated.
On the other hand, some defects might be more challenging to prove. If you have a Chevy, for example, and you are encountering problems like wind noise or water leaks, you might not be able to easily prove them. In this case, your Chevy is a lemon, and you are entitled to a replacement or a refund. Still, you will need the help of qualified attorneys who specialize in similar cases so you can get fair compensation. They will help you prove that your car is defective and that it came out of the manufacturer’s warehouses with those problems.
Why Lemon Laws Are Important For Businesses
As mentioned earlier companies are more in the know when it comes to their legal rights with purchases, however, startups may be less so informed and ignorance could be the difference to being in business or going under.
For example, your business may be in the transport sector, i.e. a courier, and without if the vehicle isn’t operational, then you’re not making any money. Therefore seek to understand your rights from a legal expert, ‘before’ you need to exercise them.
When To Use Lemon Laws
Unfortunately experiencing a problem with your car isn’t usually enough to take advantage of lemon laws. For starters, the car needs to have a substantial defect, as we mentioned earlier, and it also has to be covered by the warranty. Also, the error needs to have occurred with a specific time or below a mileage limit. In other words, this law typically applies to new cars in most states.
In most cases usually the dealer or the manufacturer who tries going through those repairs a “reasonable” number of times, and you need to let them. The number of repair attempts varies depending on the severity of the problem. So, if it is an issue with brakes or steering, i.e. anything that jeopardizes the safety of the driver, then one repair attempt is enough to invoke lemon laws. If it is any other defect, not compromising safety, then the repairs could be attempted for a few more times.
If you have a flawed used vehicle, see law.freeadvice.com as some states of America have a lemon law for used cars covered by a specific type of warranty.
What To Do With A Lemon Vehicle
For your newish vehicle when there’s a problem contact the manufacturer, not the dealer, informing them of the problem. Then, as we just mentioned, let them try their best with the repairs. If the problem persists, you can then resort to the law. If the company refused to replace your car or tried citing abuse of the vehicle, then you must hire an attorney. What usually happens next is you get a refund or a replacement vehicle, depending on the laws of your state. If the manufacturer refuses such compensation, then the case will go to court to determine what happens next.
Whether you are a business owner or an individual with a defective newish vehicle, you can and probably will get a replacement or at least a refund should the problem prove unfixable. For more general legal tips for business see our legal category.