Know Your Rights

Lemon Law Protection

Spring and summer are just around the corner.  As the snow and cold is ushered away, it is replaced by warm sunny days and the ability to spend time outdoors.  For the automobile industry, warm weather translates into more traffic and sales.  In mid July, car dealers put the last year's automobile on sale as manufacturers begin to launch their new lines and latest models.  In many cases, the 2014 models will come out in August of this year.

You, or someone you know, maybe starting to think about buying a new car for themselves or a family member.  When you buy a new car you expect it to run perfectly but not all do. As a new car owner you have rights if your automobile turns out to be a lemon.

With a new car you expect that your only trip to the dealership's service department will be for routine maintenance, and not due to a defect in the vehicle.  Auto manufacturers provide bumper-to-bumper warranties but sadly, defects do occur in new vehicles.  The warranty provides that the manufacturer will repair or replace any defective part of the vehicle at no charge throughout the period of the warranty, which typically lasts anywhere from 3 years or 36,000 miles to 5 years or 50,000 miles (whichever comes first the years or the miles).

Warrantees are great and cover all sorts of things but what good is it if your new vehicle must be taken in for repairs over and over?  This is where the lemon laws come in handy.  Lemon laws provide for relief by way of either a refund of your money or compensation for your lost value if the vehicle undergoes a certain number of repair attempts over a certain period of time.  Depending upon the state where you reside, if a vehicle undergoes as little as 3, and sometimes up to 5, repairs to the same or similar part of the vehicle within the warranty period, or other time as prescribed by the law such as the first year or so, you may be entitled to a recovery.  If your vehicle is out of service for 30 days or more because of a repair, most lemon laws would similarly bring the vehicle under lemon law protections.

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.

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 have a claim. We have had great success helping consumers with their lemon law claims throughout the Midwest.  If you or someone you know has a new automobile that is spending a lot of time in the shop please give us a call for a Free consultation so we can help you as well.


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