Lemon Law?

Question

Recently, I've seen quite a few folks come on here and regurgitate the "Lemon Law" in many of their answers.

Usually, the questions they answer pertain to the following:

"I bought a ______ 5 days ago and it's a gas-guzzler, I want to return it..."

"I bought a ______ from someone locally and the tranny fell out, can I sue them?"

"I bought a ten-year old car from a dealer and the air conditioning is out, can I return it?"

You get the idea... however, people are so QUICK to throw out the answer, "go back to (dealer, seller, etc.) and tell them you're going to use the Lemon Law".

So, my question is this: In what time frame, and in what situations, on what vehicles, can you invoke the Lemon Law? Also, how long does it usually take to get it resolved if it's declared a Lemon? - I know the answer, I want to see who else does.

If I took the responses I see, I guess I could just walk into any dealer, shout "Lemon Law!", and they'd cower and throw me keys to a new car.

Answer 1

awesome...purely awesome....no answer from me, I know the truth and its been written out several times here.   I can't stand people spouting mis-information about buying cars,....YOU DO NOT HAVE THREE DAYS period!

Answer 2

I know you know the answer, but i want the best answer anyway, so I'll answer to the best of my knowledge.

Each state is different, but in NY, your car may be considered for replacement or compensation if you've had the car in for repair for the same defect 4 separate times and the problems continues to persist or for 30 continuous days out of service within 2 years or 18000 miles.

That's the short version, and only applies to new cars.

Here's the long version:  http://www.oag.state.ny.us/consumer/cars...

Answer 3

Many people think that any car they buy that has a problem, no matter how insignificant, is a lemon. A lemon in the legal sense, is a vehicle less than 'x' months old, with less than 'y' miles that has a chronic problem that numerous visits to the dealer have been unable to resolve.

My son and his wife actually used the lemon law to force Kia to buy back a new car that had chronic overheating issues.

Folks, there's no law against someone selling you a piece of junk. If you buy a piece of junk, you're going to end up with a piece of junk. Do your homework and have a used vehicle inspected before you buy it.

Answer 4

lemon law only applies to new cars and can be invoked after a reasonable amount or repair attempts have been made unsuccessfully or the car has spent so many days in the shop

it does not apply to used cars in any way shape or form

about 2 weeks to do the paper work after both partys agree that it is a lemon

Answer 5

Lemon laws vary by State as to the specifics of application.  Some States do not have a specific Lemon Law.  

Generally they only apply to new vehicles and for a specific amount of time and/or number of miles from the date of purchase.  

Typically a vehicle must be returned to an authorized service facility a specific number of times (usually three or more) for the SAME problem without the authorized service facility being able to successfully diagnose and repair the problem.  

If the failed repair attempts meet the criteria laid out by the given State, only then can the owner successfully bring suit against the dealer and/or manufacturer under the given states Lemon Law statue.  

One State that I am specifically aware of requires mediation prior to acceptance of a Lemon Law suit into court.

As to the time frame, this would obviously vary by State, but as with any civil suit, a year or more would not be surprising.  

Mark H

Answer 6

Actually there are states which have Used Car Lemon Laws, Connecticut, Massachusetts, Minnesota, New Jersey, New Mexico, and New York to be exact. Each of the mentioned states have different definitions of what actually qualifies as a "Lemon".

New Car Lemon Laws have guidelines that also vary per state; typically involving a specific amount of attempts to fix the SAME problem or the amount of time a person is without their vehicle. People get understandably upset when their new car breaks down, however blaming the dealership is not the answer since they are not the ones who built the car. This is a great question because simply having problems with a vehicle does not automatically make it a lemon.

Answer 7

As you know, lemon laws and recission right-of-return laws for automobiles are not in the least related.

Lemon laws generally are very specific, relate only to new cars (in most states), and differ by state. Some apply to leased cars; some do not. Lemon laws are not right-of-return laws and cannot be invoked at will.

There are no "grace" periods, "cooling off" periods, buyers remorse laws, or right-of-return laws in any state in the U.S.

It's not 3 days, 72 hours, or any other time. The confusion comes from right of recission laws that apply to health club memberships, door-to-door sales, and some other types of sales -- but not to automobile sales (unless it is purchased from a door-to-door car saleman). California car buyers can purchase a return option from car dealers in some situations.