Lemon Law - What Are Your Rights?

by Marshall Meyers, Attorney

At one time, consumers were allowed to let a manufacturer attempt an endless number of repairs to a vehicle or product that didn’t perform up to standards. State and federal statutes informally known as “Lemon Laws” provide for compensation to you where you have a defective product that cannot be fixed within a reasonable opportunity. The Federal Lemon Law, officially known as the Magnuson-Moss Warranty Act, provides for the payment of your attorney fees and court costs if successful, as do most State Lemon laws.
To qualify for protection under a Lemon Law, you must generally have a defective consumer product that has not been fixed within a reasonable amount of repair attempts. Most State Lemon Laws specifically apply to motor vehicles and require the manufacturer to refund your money or replace your vehicle if, during the first twelve to twenty-four months of ownership, your vehicle has suffered three to four repairs for the same problem or has been out of service by reason of repair more than thirty days. Although State Lemon Laws are generally limited to new vehicles, many states have enacted specific lemon statutes that protect purchasers of used vehicles and/or other consumer products such as Motor Homes and computers.

The federal Lemon Law often extends protection far past State law, making warrantors responsible for irreparable defects for up to four years after the factory warranty has expired. This federal statute generally provides cash compensation where the warrantor cannot make your product free from defects within a reasonable opportunity. Unlike State Lemon Laws, the Magnuson-Moss Warranty Act applies not just to vehicles but instead to all consumer products �" including boats and appliances. Magnuson-Moss also creates strict requirement for warrantors when drafting warranties and disclosing warranty terms, thereby eliminating much of the confusing “double talk” inherent in consumer warranties.

Lemon Laws often, but not always, require you to provide written notice of the defect to the warrantor and a final opportunity to fix the defects. These statutes also authorize warrantors to establish programs to resolve consumer complaints out of court. However, these programs are often wholly funded by the warrantors themselves, calling into serious question the credibility and impartiality of these mechanisms. You are generally only obligated to participate in such programs where the warrantor establishes the program in strict compliance with State and federal law. Before participating in any such program, you should consult an attorney as although such programs may be helpful, they may be harmful as well due to the bias towards the warrantor inherent in most of these mechanisms.

Because of the expansive legal rights these statutes provide you, sellers and manufacturers will often create obstacles to your enforcement of these rights and at times, will discourage you from enforcing your time-sensitive rights by providing false and misleading information. For example, a warrantor may tell you the time to enforce your State Lemon Law rights has expired without informing you of the rights you have under the Federal Lemon Law. Likewise, in an effort to make you accept your lemon, warrantors will often tell you there is no problem with your product and that what you are experiencing is a “normal operating condition.” Always get a second or third opinion to verify your confirmation of the existing problem. Further, always ask for all Technical Service Bulletins (“TSB’s”) on your vehicle as these internal documents often prove your problem exists.

Finally, and perhaps most important of all, always make sure to get documentation from the warrantor of each and every repair attempt whenever you retrieve your product back from the repair shop. Withholding these records from you is often the warrantor's best way to prevent you from building your lemon case, so always insist on receiving a repair order. If the warrantor refuses to give you one, make your own by faxing or mailing the repair shop a letter memorializing the defect and date of the repair, and the warrantor’s refusal to provide you a repair order.

If you believe you have a “Lemon,” call toll-free 866-77-LEMON (866 755 3666) or visit http://www.LemonLawForConsumers.com for a free case evaluation and/or nationwide referral.

About the Author
Marshall Meyers is a founding partner of Weisberg & Meyers, LLC and the managing partner of the Firm's Arizona office. Mr. Meyers has devoted his entire professional career to the practice of consumer rights litigation and has represented over 2,000 consumers throughout Arizona and the nation. Mr. Meyers has successfully argued before the Arizona Supreme Court, Arizona appellate courts, and United State District courts throughout the nation.