My Car is a Lemon - Or is it?
Posted: Friday, February 22, 2013
Each state has its own lemon law rules. Click here to check the law in
your state. However, all consumers can be protected by
federal law. The Magnuson-Moss Warranty Act was enacted by
Congress to protect consumers when purchasing a warranted
product. Consumer products are not required to have
warranties, but if one is given, it must comply with the
Magnuson-Moss Warranty Act. All new vehicles are provided a
warranty by the manufacturer. Therefore, your new car is
For your vehicle to be considered a "lemon", the vehicle must be under its
original manufacture's warranty. This warranty period varies
depending on the manufacturer of the vehicle. General
Motors (Chevrolet, Buick, Pontiac), Ford and Chrysler for example
have manufacturer vehicle warranties of 3 years/$36,000
miles. Lincoln, on the other hand, has a longer
original warranty period of 4years/50,0000. This means for a Chevy
to be a lemon, the vehicle must be no older than 3 years or less
than 36,000 miles, whichever comes first. If you
purchased an extended warranty or a "certified" used vehicle,
your warranty period is not extended for the purposes of the lemon
law claim. If you are unsure of your vehicle warranty period,
contact us for a free consultation.
Once you determined that your vehicle is within the original
warranty period, you need to review the repair history.
- If your new vehicle has been subject to at least 3 or more
repairs for the same or similar problem while within the warranty
period OR has been out of service for more than thirty (30) days
throughout the warranty period
- If you believe your new vehicle still is not repaired;
- If your vehicle is a personal vehicle and not a commercial
vehicle - Then your vehicle may qualify for claims under the new
car lemon laws.
If you have more than 3 repairs and/or your car has been out of
service for more than 30 days, it is time to gather up your repair
orders and your purchase agreement. If you do not have all
the repair orders, contact your dealer and ask for a "warranty
history report". This will provide you with a history of
repairs made under the warranty.
Call or contact an attorney today. SmithMarco, PC has been helping consumers
with lemon law claims since 2005. We are more than happy to
take the time to review this matter at no cost just to see whether
you qualify. Moreover, the laws provide that upon successful
resolution of your claim the manufacturer will have to pay your
attorney fees. Thus, we take your case at no cost to
you. We have had great success helping consumers with their
lemon law claims throughout the entire Midwest. We hope you
will consider giving us the opportunity to help you as well.