Auto Lemon 'Can Your State's Lemon Law Help You?

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Buying a car is not like buying a radio; you cannot return it to the store for a refund if you do not like it, or if it has a manufacturing defect. In fact, for many years, if you purchased an automobile that came from the factory with defects, you were just stuck. You could try to get the dealer to repair the problem, but if the problem continued and the dealer could not repair it, you were out of luck.

In 1982, the luck of owners of so-called 'lemons' changed for the better, as California and Connecticut passed the nation's first 'lemon laws.'

These laws, spawned by consumers who had waged tireless battles against major auto companies, allowed owners of defective automobiles to seek compensation or replacement with the help of their respective states. These laws swept like wildfire throughout the country, and now all 50 states have some form of the lemon law.

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The specifics of the lemon laws will vary from state to state, but in general, they define a 'lemon' as a vehicle that:

Has a 'nonconformity' that affects the safety, use, or value of the vehicle, and

The nonconformity has not been successfully repaired after a 'reasonable' number of attempts, and/or

The vehicle has been out of service for a total of a certain number of days for repair of the nonconformity.

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The length of the warranty period also varies; coverage typically runs anywhere from one year or 12,000 miles to two years or 24,000 miles. As previously stated, the specifics vary from state to state, particularly the number of repair attempts that constitute 'reasonable' and the number of days that the vehicle must be out of service in order to qualify. In some states, repairs that affect the brakes or other safety equipment need only one repair attempt to qualify as 'reasonable.'

Restitution is fairly consistent from state to state; it usually requires the manufacturer to either replace the vehicle with one of comparable value, or refund the purchase price, along with taxes, registration and delivery fees. Some states leave the option of replacement or refund to the manufacturer, but most give the option to the consumer.

What should you do if you think you have a lemon' You should:

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