60 Second Lemon Law Assessment™
A car that causes more headaches than rides can leave you questioning: What is lemon law? Lemon law protects consumers who purchase defective vehicles or other goods that don’t meet quality and performance standards. At Kahnh & Associates, we specialize in helping clients assert their rights under this law. Lemon law is fundamental whether you are a car buyer with issues or seeking legal advice.
In simple terms, lemon law defines the rules protecting buyers of vehicles and other merchandise should they turn out defective. If such merchandise cannot be set to good condition after several tries, it must be changed or returned as stated by law.
The DMV mentions that most state lemon laws aim to help consumers and manufacturers resolve disputes when the vehicle bought cannot be fixed after a “reasonable” number of tries. While such legislation most obviously applies to new cars, even second-hand vehicles can fall under certain conditions in certain jurisdictions.
All states have different lemon laws, providing different criteria regarding the time limits within which complaints must be filed and what actually constitutes a defective product.
The concept of lemon law originated in the 1970s with the passing of the Magnuson-Moss Warranty Act in the United States. This federal law gave consumers legal recourse to deal with problems they had with warranties, especially for automobiles.
Bearing major consumer protections in mind, individual states set out to enact their version of lemon laws over time. Many of these laws were passed to fill in the gaps created by federal-level protections and to provide remedies that best fit local needs. States moved to provide lucid rules concerning the reporting of defects, proper repairs, and access to compensation for the average consumer.
In this context, “lemon” is interestingly thought to have come from early 20th-century slang, describing anything that did not meet expectations. Over the decades, these laws have been expanded and developed to include newer categories such as used cars and, in some cases, recreational vehicles.
In this regard, lemon laws have become the most popular vehicle for overcoming consumer grievances regarding defective commodities and getting value for money.
Lemon laws are not remedies for defective vehicles; they work through a few key components that offer a shield to consumers. Most lemon laws provide legal recourse for uninformed purchasers of faulty products, such as automobiles with recurring manufacturing defects, by detailing refund, replacement, and repair requirements.
A product is considered a “lemon” if it possesses some recurring defect or problem that might substantially affect its use, value, or safety and cannot be corrected after a reasonable number of attempts. These continuing problems make the product unreliable or unfit for its intended use, frustrating consumers who often seek redress under consumer protection laws.
Under lemon laws, manufacturers or authorized dealers must be given a fair number of opportunities to resolve a defect. While the exact number varies by state, it typically falls between two and four repair attempts.
Most lemon laws have firm deadlines or mileage limitations for reporting defects to ensure buyers seek action within reasonable times. In Ohio, the date for submitting such claims would run from when a vehicle was delivered a year after it or within 18,000 miles of operation. These further reinforce the potential issue of apparent problems during relatively early operations.
Consumers may be entitled to remedies under lemon laws if the issue continues after several repair attempts. These include a replacement vehicle, a full refund including taxes and fees, or compensation for repair and legal costs. These remedies protect consumers from financial or safety risks caused by defective vehicles.
Lemon laws are meant to advance the interests of consumers in case the products fail to live up to the promise of quality. For example, the South Carolina lemon law applies to new vehicles bought and registered in the state. Under the Consumer Affairs Department, manufacturers are supposed to correct defects that substantially impair a vehicle’s use, safety, or value. If they do not, consumers may seek arbitration.
Lemon laws hold manufacturers liable and give consumers legal avenues to pursue recourse when products are defective, other than having to accept a defective product. With the proper legal guidance, you can prepare all the necessary documentation to build a strong claim.
Lemon laws are a unique area of legal protection, and there is a lot of confusion over what qualifies and what particular rights a person has. To clear up a couple of the most common misconceptions:
That’s not entirely true! While lemon laws typically apply to new vehicles, some states have extensions for used cars with a dealer’s warranty. It’s important to check local rules and consult legal experts.
False! While a record of repair attempts or complaints strengthens your case, it’s not your job to prove the issue. Manufacturers or dealers bear the burden of fixing the defect.
This is misleading! Minor issues don’t usually trigger lemon laws unless the defect makes the product unsafe or unusable. Laws generally require repeated repair attempts without resolution.
Lemon law processes have become more streamlined in recent years, and professional advocacy makes the process even more efficient. At Kahnh & Associates, we specialize in navigating this legal landscape for our clients.
Dealing with a defective vehicle or product can be stressful, but knowing your rights and acting quickly is essential. At Kahnh & Associates, our experienced team is here to simplify the complexities of lemon law and help you secure the resolution you deserve. We are committed to guiding you with confidence and clarity, conveniently located at 25200 Chagrin Blvd., Ste 105, Beachwood, Ohio 44122.
Protect your rights as a consumer—call us today at 1-888-536-6671!
Have questions about your lemon law case? Our FAQ section is here to provide clear, concise answers to the most common concerns. Take a look below to find the information you need, and if you still have questions, don’t hesitate to contact us for further assistance!
The so-called “Lemon Law” is a State law which is defines when a manufacturer has breached its written warranty and what the victim is entitled to for such a breach of warranty. Additionally, there are various other warranty laws (or Lemon Laws) in each State and on the Federal level which can be used to recover money for consumers who do not meet the strict definitions contained in their State’s Lemon Law. In most states, the State Lemon Law provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and Attorney’s Fees and Costs if the consumer prevails. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
According to Wikipedia, in the 1800s, people started using the word ‘lemon’ to describe people who were sour (or unfriendly). In American English the word was first recorded in 1909 in the slang sense of “worthless thing”. Over time, ‘lemon’ came to refer to anything that was defective or broken or which breaks constantly, particularly a car. However, in an effort to further define such a broad term, the Lemon Law attempts to define certain situations which entitle consumers to their money back or a new vehicle. In a nutshell, any defect or nonconformity, or combination of defects, which is/are not repaired within a reasonable number of attempts or a reasonable amount of time, may entitle you to Lemon Law relief. Your vehicle does NOT have to be breaking down to be considered a lemon. In short, if you are aggravated enough to be reading this you may have a lemon. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Almost any type of passenger vehicle is covered by the Lemon Law. This means that Cars, Trucks, Vans, Motorcycles and many other types of motor vehicles are usually covered under the Lemon Law. For Boats, ATVs, RVs and items that may not covered by the strict definitions of the State Lemon Law, other State and Federal Lemon Laws are available which do cover these products. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
The ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a “buy back” or a “repurchase.” Many State’s Lemon Laws provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and mandatory Attorney’s Fees and Costs if the consumer prevails. When that occurs, the defective vehicle is returned to the manufacturer. This is usually done by returning it locally to one of their authorized dealers. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Should we agree to represent you, your case will be handled on a contingency basis, whereby our office will not get paid unless you get paid. You will not have to come out-of-pocket to pay our fee! Furthermore, Kahn & Associates, L.L.C. may advance all usual and reasonable costs as a part of our representation on certain cases.
Kahn & Associates, L.L.C. represents thousands of consumers every year with defective vehicles. As with most cases, over 97% of these cases settle to the satisfaction of both parties. Remember, the manufacturer would rather pay less now than risk paying a much larger amount to you, your attorney and their attorneys later.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Craig A. Kahn, who has more than 20 years of legal experience in lemon law.
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The Magnuson-Moss Warranty Act The Magnuson-Moss Warranty Act is a crucial piece of legislation designed t...
Stuck with a defective car in Ohio? State Lemon Laws protect you. Get a refund, replacement, or cash settlement. Learn your rights today!
Florida Lemon Laws cover new and used vehicles. If your car’s a lemon, you deserve compensation. Let us help you fight for justice!
Michigan’s Lemon Law protects you from faulty vehicles. Don’t settle for endless repairs—claim your refund or replacement now.
North Carolina Lemon Laws ensure defective vehicles are replaced or refunded. Know your rights and take action today!
Pennsylvania Lemon Law covers new cars with repeated issues. Get the compensation you deserve. Click to learn more!
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