Although each state has variations in its lemon laws they all are designed to provide protection for a consumer who purchased a faulty item and provide opportunities for remedial action. Consumers have every right to expect that items they purchase function as intended, not to be defective from the outset. Lemon laws have been drafted in such a way that should the noted defect not be put right to the consumer’s satisfaction within a certain period of time or a certain number of repair attempts then the product is deemed to be a lemon and the consumer has the right to either demand a replacement or a refund of the cost.
There is no one lemon law that applies to all consumer products. Should a consumer purchase or lease a new car for example and the car is found to have a chronic defect while it is still covered by warranty then the lemon laws of the state in which the car was purchased will most likely cover the situation. In the case of a vehicle the defect must be considered serious and pose a threat to the safety of the vehicles occupants and others. As well as the safety aspect the defect must be such that it has a negative effect on the resale value of the car and the car must be unavailable for use by the owner for a certain number of days.
Because there are variables in the lemon laws depending on the state in which the purchase was made it is important that the consumer be aware of the law or consult with an attorney who is. Sticking with the example of a defective car; the standard period of time that the car is unavailable is 30 days, this does not have to be consecutive. The car must be in the shop for repair of the same defect four times at least. These guidelines do differ somewhat.
Although most manufacturers are willing to abide by the intention of the law there are some that will attempt to avoid replacing the car or refunding the purchase price. It is not unknown for a clause to be inserted in the agreement to purchase that by signing the agreement you waive all your rights under the lemon laws. This of course has no legal standing; lemon laws can be enforced regardless of what the contract stipulates.
A consumer has recourse in the event a product purchased does not perform as it should. If you have purchased or leased a car that has a serious defect and you fail to get satisfaction from the manufacturer you are invited to contact Krohn & Moss Consumer Law Center.
