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Home >
Lemon Law FAQ |
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Lemon
Law - Frequently Asked Questions |
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The
Lemon
Law
may
qualify
you
for
a
refund
or a
replacement
vehicle |
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The Lemon Law
covers
a
wide range of defects including:
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Engine
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Transmission
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Brake
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Steering
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Water leaks
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Paint Defects
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Vibrations
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Rattles
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Electrical Problems
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Pulling problems
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Bad Smells
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Many other defects.
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What is the Lemon Law? |
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The Lemon Law is designed to protect consumers that
purchase new cars, trucks, SUVs and mini-vans. As of 1993 all
fifty U.S. states have passed Lemon Laws. Each state has different
standards and procedures, but all have similar coverage. There are also other Consumer Protection laws that
apply to consumer product purchases. Complaints, recalls and class
actions are also an option for certain cases. There are options
for new, used and leased vehicles. |
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What if the Lemon
Law
does NOT apply? |
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If the defects with your
vehicle do not meet the requirements of the
Lemon Law, you may have claims under other
state and federal laws that protect owners
of new or used vehicles.
Magnuson-Moss Warranty Act Law Summary
The Magnuson-Moss Warranty act is a
Federal Law that protects the buyer of
any product which costs more than $25
and comes with an express written
warranty.This law applies to any product
that you buy that does not perform as it
should.
more...
Uniform Commercial
Code Summary
UCC/TARR -The Uniform Commercial Code or
UCC has been enacted in all 50 states
and some of the territories of the
United States. It is the primary source
of law in all contracts dealing with the
sale of products. The TARR refers to
Tender, Acceptance, Rejection,
Revocation and applies to different
aspects of the consumer's "relationship"
with the purchased goods.
more...
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What
Is a Safety-Related Defect? |
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Generally, a safety-related defect is a
problem that exists in a motor vehicle or item of motor vehicle
equipment which:
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poses an unreasonable risk to safety,
and
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is common to a group of vehicles of
the same design or manufacture, or items of equipment of the same
type and manufacture.
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When Is a Recall Necessary? |
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When a motor vehicle or item of
motor vehicle equipment (including tires) does not comply with a
Federal Motor Vehicle Safety Standard.
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When there is a safety-related
defect present in the vehicle or equipment.
Federal Motor Vehicle Safety
Standards set minimum performance levels for those parts of the
vehicle which most effect its safe operation (brakes, tires,
lighting) or which protect drivers and passengers from death or
serious injury in the event of a crash (air bags, safety belts,
child restraints, energy absorbing steering columns, motorcycle
helmets) and are applicable to all vehicles and equipment
manufactured for sale in the United States certified for use on
public roads and highways. |
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What does it mean when a manufacturer
initiates a safety recall involving vehicles or
items of motor vehicle equipment? |
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A safety recall involving a motor vehicle or an item
of motor vehicle equipment can be independently conducted by a
manufacturer or ordered by the National Highway Traffic Safety
Administration (NHTSA). In either case, the manufacturer must file a
public report describing the safety-related defect or noncompliance
with a Federal motor vehicle safety standard, the involved
vehicle/equipment population, the major events that resulted in the
recall determination, a description of the remedy, and a schedule
for the recall. NHTSA monitors each safety recall to ensure the
manufacturers provide owners safe, free, and effective remedies
according to the Safety Act and Federal regulations.
Manufacturers are obligated to attempt to notify
owners of recalled products. For vehicles, that means manufacturers
merge their own records of vehicle purchasers with current state
vehicle registration information. For equipment, where state
registration records do not exist, manufacturers are obligated to
notify their distribution chain and known purchasers of the recalled
equipment. However, even if you do not
receive a notification, if your vehicle, child seat, or other item
of equipment is involved in a safety recall, the manufacturer is
obligated to provide a free remedy.
Each notification letter must contain the
following information:
- describe the defect or noncompliance;
- the risk or hazard posed by the problem,
including any warning of the problem;
- a brief description of the free remedy,
including when the remedy will be available and how long the
repair will take; and
- a description of what the owner can do if the
owner is unable to have the problem corrected within a
reasonable time and without charge.
Remedy without charge means the repair, replacement,
or repurchase of the vehicle or item of equipment that will correct
the safety defect or noncompliance. The manufacturer initially
decides what the remedy will be, but it may be changed if it is not
effective. Owners should have the recall work completed as soon as
possible.
Recalls involving tires are specifically limited
in the Safety Act such that the owner has only three months from the
date of notification to have the recall work accomplished. All other
safety recalls are in effect for the life of the product.
The Safety Act does not provide for reimbursement
for damages that the defect or noncompliance may have caused, nor
for reimbursement for costs incurred in correcting the problem
before the manufacturer declared a safety recall. However, owners
may be able to recover such expenses privately. Historically, most
manufacturers will reimburse owners for the costs of repair incurred
before the safety recall, if the owner has kept the receipts for
service.
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| What to do if you are
unable to have the recall work done or have it done
without charge? |
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In the vast majority of cases, dealers perform
safety-related recall repairs promptly and correctly. However, from
time to time, problems do occur. We can categorize these problems
broadly as an inability to have the recall work done or to have it
done without charge. When you receive a letter from the manufacturer of
your vehicle notifying you that your car has been recalled, you
should contact your dealer's service department to arrange for the
recall repair. If you then have problems in obtaining the free
recall repair, you can contact NHTSA immediately as explained below
under Step 3. However, it is usually quicker to attempt to resolve
the problem using Steps 1 or 2.
Step 1 Contact the dealer service
manager
The first step is to contact the dealer service
manager. You should explain the situation to the manager,
identifying the work required as part of a safety recall. If you
have the manufacturer's notification letter on the safety recall, it
will help explain your concern. In the vast majority of cases, this will resolve any
problems. However, if you do not feel the service manager has
answered your concerns completely, then you should contact the
manufacturer, Step 2.
Step 2 Contact the Manufacturer
To contact the manufacturer, call the telephone
number (usually toll-free) that is provided in the letter sent to
you notifying you of the recall. You can also find the telephone
number for the manufacturer's local representative or toll free
customer service number in the back of the vehicle owner's manual.
Once again, you must describe the problem you are having and usually
the following information:
- The make, model, and model year of your
vehicle and the vehicle identification number (VIN);
- Briefly describe the recall and the problem
you are having;
- Identify your dealer and what steps you have
taken with the dealer to resolve the matter.
The manufacturer will look into the matter and
should be able to resolve your concern within a few days.
If you believe that you are unable to have the
recall work completed without charge, then please contact NHTSA,
Step 3. You should also contact the NHTSA if you believe that the
recall work has not corrected the safety defect.
Step 3 Contact the NHTSA
Contacting NHTSA is easy. You can write us, call
us toll-free, or connect with us over the Internet. Our address and
toll-free telephone number are provided in every recall notification
letter. You can write to us at: National Highway Traffic
Safety Administration, 400 7th Street SW, Washington,
D.C. 20590. Our toll-free telephone number is 888-DASH-2-DOT (1-888-327-4236). To contact us over the
Internet, simply go to our interactive web site at
www-odi.nhtsa.dot.gov/ivoq/ and complete the questionnaire.
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LEMON AUDIO |
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VEHICLE RECALLS |
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