Understanding the Fundamentals of the Lemon Law

Consumer Protection: State Lemon Laws

Every day someone sets out on a journey to purchase a car. Luckily when searching for the perfect car for yourself, you do not have to purchase brand new off the lot. Often times when previous car owners no longer find want their vehicle they will trade it in or sell directly through themselves. As a buyer when purchasing directly from someone you must be careful. Every seller is not genuine and they may not always tell you that something is wrong with the car, which in the long run is not fixable. These are considered lemon cars. Thanks to consumer protection you are protected by your states “Lemon Laws”.

The car will not start, you struggle slowing down when pressing the breaks, or the car is making a noise that you know probably means “HELP ME!” Initially one who is uneducated on the law would assume all repairs would be coming out of their pocket. It would not be fair to the consumer. In 1975 Congress passed the Magnuson-Moss Warranty Act. According to MLM Law, this act “requires manufacturers and sellers of consumer product to provide consumers with detailed information about warranty coverage.” This will affect the rights of the consumer and obligations of seller under warranty. Congress’s goal was to ensure that all consumers have knowledge about warranty terms and conditions before they buy a product. The “Lemon Law” is a subdivision of this act. This protects the consumer of a newly purchased car, ensuring that they will have all rights to a properly functioning car.

Manufacturers are being held accountable for each “lemon” car that is sold. In Georgia the law was enacted to protect the buyer and their investment. The manufacturer has up to three attempts to repair any major defects in the vehicle. After these three attempts, if the car still does not function properly the buyer is entitled to choosing a replacement or a refund for that purchase. According to “Lemon Law Georgia”, cars are covered under the Lemon Law rights for two years after purchase or up to 24,000 miles. Only new vehicles are covered under this law in Georgia, each states regulations are different. For a vehicle to be covered under the Georgia Lemon Law it must still be in the original owner’s possession. If not it is no longer eligible for protection. In order for the vehicle to be considered defective. The car is protected under the Lemon Law if 1/3 are a defect, this includes; makes the car unsafe to drive, lowers the resale value of the car, causes malfunctions to the vehicle’s normal uses. In Georgia along with other states there are regulations on what vehicles are as well as are not protected under the Lemon Law.

“Lemon Law in Georgia” states that if the vehicle has had a previous owner or is a leased used vehicle it is not protected under the Lemon Law. Motorcycles, trucks weighing 10,000 lbs. or more, ATVs, and boats also do not qualify to be protected under the Georgia Lemon Law.

After there has been at least three attempts to fix the vehicle and nothing can be done to fix it there is a process to file a complaint. First the consumer must mail a “Final Repair Opportunity Notice to the manufacturer. If the consumer decides they want a replacement they must submit a “Vehicle Repurchase or Replacement Request”. Once the Governor’s Office or Consumer Affairs receives the complaint, services will be offered to help the consumer. Most cases manufacturers handle the issues and work with their clients in “good faith”. If they do not the option to hire an attorney is available.

Outside the state of Georgia there has been many cases regarding the Lemon Law. Consumers often question if their purchase will be considered a “lemon”. In a case found in the St. Louis Post Dispatch a woman received a car that after a short period of time, stopped running. She was concerned about being sued because she stopped making car payments once that happened. Michael Ferry, the author of this article replied stating that there is a possibility she could be sued. In the Magnuson-Moss Act, if the dealer breached a warranty the dealer would have been violating this federal law. The consumer would have had to keep all records regarding the car and proved that the dealer made cosmetic changes so that she could three times the damage cost as well as attorney fees.

An article found in the Arizona Republic, it talks about the importance of keeping all records and receipts of car troubles and attempts to fix them. Joanne Bonfilio explained that if one finds that they have received a “lemon” car to be careful when filing the complaint. Court cases are dropped due to arbitration being turned down.

In the final article written by Nina Siegal, there are many cases filed that are turned down. Dealers often make a lot of hidden changes in order to sell a car. In Siegal’s article, a case was brought up where a woman purchased a truck from a dealer. The truck had been in and out of the shop but the dealer kept that information hidden from the buyer. After driving the truck the woman was involved in a near death accident. She was accused of driving too fast, when in a reality the car was a “lemon” and that was later discovered. She was protected under the states Lemon Law.

Concluding, it is now known that this an issue many buyers deal with. With the help of the Magnuson-Moss Act and Lemon Law buyers are ensured through warranty that the car is protected. In the case that the car is not, good record keeping and a careful statement the case can be handled accordingly. Selling a lemon comes with many consequences and can potentially put the buyer in the way of harm. In attempt to keep every protected and less “lemon” cars being sold, both consumer and manufacturer will save money.