Car Lemon

Lemon Car - Buyer Responsibility?



Just because there have been a reasonable number of attempts to fix a defect in a car does not automatically make a consumer automatically eligible for a refund or replacement vehicle. Actually, you must notify the manufacturer or authorized dealer of the problem during the warranty period or within a year after you get the car as I mentioned above.  

If the manufacturer of the car has an informal dispute settlement program in place, and most of them do by the way, the consumer must first attempt to resolve the complaint through this program before taking any other means. If you are still unsatisfied after taking these steps, you should contact an attorney or file a complaint with the Attorney General's Office immediately.

Know Your Rights
When it comes to your Lemon rights, they are generally are defined by each state's individual law as well as the written warranty that can be found inside each vehicle owner's manual. These rights are usually higher than what the manufacturer or dealer will admit to when you buy your car, so it would help you to check your state's particular laws before getting a car.

Lawyers who deal with lemon laws act a lot like a detective in that these lawyers first task when they are retained is to reconstruct the entire history of your car, from the date of production to the time the case is opened. These lawyers will help you to determine:
whether the vehicle was damaged at the time of delivery;
if the financing paperwork can prove that there was an obvious fraud or deception committed against you;
whether repairs were attempted by the dealer beforehand to cover up any defects;
the time actually spent for each repair;
the amount of money that was paid by the manufacturer for warranty repairs;
whether that model has any known defects that the dealers knew about;
Whether there are any actual service file notes that will reveal any unresolved, undisclosed safety concerns and other inquiries.

How Cases are Handled
Basically, lawyers go through an extreme investigation in order to learn everything that they can about your car. Only by investigation can a lawyer know how the concerns, which are typically referred to as non-conformities, have affected the use, value or safety of your car. At least if they specialize.

When the investigation is absolutely finished, a lawyer will confront the manufacturer of the car, present a very thorough statement about your case and then they can demand a full recovery for you. If the manufacturer agrees with your position, and you are satisfied with the offer, the case can generally be resolved very quickly.

Manipulation and/or poor preparation of repair records is one of the biggest concerns these days in regards to lemon law cases. When a car is taken to a dealer for a warranty repair, what most people don't know is that several copies of the repair order are made within the service department, most of these the customer never sees, even if asked.  

Each repair that is performed contains the following copies: customer; warranty payment; accounting and even a hard copy that shows all of the mechanics notes that were made for each repair. Most of the time these notes are not available to the customer; however, the customer copy will list a problem that is the most often complained about but the dealer's actions might read "could not duplicate customer concerns."

Another reason that always seems to pop up is time. This is particularly the dealer's time. Many dealers simply don't have the resources anymore and the mechanics that they need are not around in order to properly diagnose and address a concern. Under warranty procedures that are utilized by manufacturers, which is a problem that goes undiagnosed by a mechanic, will not be paid.

The bottom line here is that while repair records are always helpful to a case, they are not the only thing that will determine the outcome. If you feel you are not getting what you paid for in your car in regards to quality and reliability, then no amount of misrepresentations on a repair invoice should convince you of anything else.