Lemon Laws
Encyclopedia
Lemon laws are American
state laws that provide a remedy for purchasers of cars in order to compensate for cars that repeatedly fail to meet standards of quality and performance. These vehicles are called lemons
. The federal lemon law (the Magnuson-Moss Warranty Act
) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or lease
d cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.
Federal lemon laws cover anything mechanical. The federal lemon law also provides that the warranter may be obligated to pay the prevailing party's attorney
in a successful lemon law suit, as do most state lemon laws.
Lemon laws may cover situations even when the vehicle is not under warranty, especially if the seller failed to disclose critical information such as previous damage to the buyer. Knowingly purchasing a car in "as is" condition does not void the buyer's rights under applicable lemon laws. Lemon laws are not limited to cars. There are RV
, boat, motorcycle, and wheelchair lemon laws.
CAMVAP is an arbitration program. It is free to consumers. Hearings are held in the consumer's home community. The process normally takes less than 70 days from start to finish. Most consumers are able to handle their own case without the assistance of lawyers. The manufacturers do not use lawyers. Their representatives usually are serving or retired district parts and services representatives. An inspection of the vehicle normally is part of an arbitration hearing and the arbitrator can order a technical inspection of the vehicle at the program's expense if doing so is required.
CAMVAP arbitrators can order the manufacturer to buyback the vehicle; repair it at the manufacturer's expense; pay for repairs already completed; pay out of pocket expenses for items such as towing, diagnostic testing, rental cars and accommodation related to the problem with the vehicle. The arbitrator can also order that the manufacturer has no liability.
CAMVAP is available in every Canadian Province and Territory.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state laws that provide a remedy for purchasers of cars in order to compensate for cars that repeatedly fail to meet standards of quality and performance. These vehicles are called lemons
Lemon (automobile)
A lemon is a car, often new, that is found to be defective only after it has been bought. Any vehicle with numerous, severe issues can be termed a "lemon", and, by extension, any product with flaws too great or severe to serve its purpose can be described as a "lemon".-Origin:The use of the word...
. The federal lemon law (the Magnuson-Moss Warranty Act
Magnuson-Moss Warranty Act
The Magnuson–Moss Warranty Act is a United States federal law, . Enacted in 1975, it is the federal statute that governs warranties on consumer products. The Act was sponsored by Senator Warren G. Magnuson of Washington and U.S. Rep John E...
) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or lease
Lease
A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...
d cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.
Federal lemon laws cover anything mechanical. The federal lemon law also provides that the warranter may be obligated to pay the prevailing party's attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in a successful lemon law suit, as do most state lemon laws.
Basis
At the core of most lemon laws is the manufacturer's breach of warranty. A manufacturer's warranty is what makes the manufacturer legally responsible for repairs to the consumer's vehicle or good. It is a form of guarantee. An express warranty is typically a written warranty. An implied warranty unlike an express warranty, is not written. The law imposes these obligations on the manufacturer, the seller or both as a matter of public policy. These vary from state to state.Lemon laws may cover situations even when the vehicle is not under warranty, especially if the seller failed to disclose critical information such as previous damage to the buyer. Knowingly purchasing a car in "as is" condition does not void the buyer's rights under applicable lemon laws. Lemon laws are not limited to cars. There are RV
Recreational vehicle
Recreational vehicle or RV is, in North America, the usual term for a Motor vehicle or trailer equipped with living space and amenities found in a home.-Features:...
, boat, motorcycle, and wheelchair lemon laws.
Canada
The Canadian Motor Vehicle Arbitration Plan Canada - Canadian Motor Vehicle Arbitration Plan is the dispute resolution program for consumers in Canada that have problems with the assembly of their vehicle or with how the manufacturer implements its new vehicle warranty. CAMVAP covers new or used owned or leased vehicles that are from the current model year and up to an additional four model years old.CAMVAP is an arbitration program. It is free to consumers. Hearings are held in the consumer's home community. The process normally takes less than 70 days from start to finish. Most consumers are able to handle their own case without the assistance of lawyers. The manufacturers do not use lawyers. Their representatives usually are serving or retired district parts and services representatives. An inspection of the vehicle normally is part of an arbitration hearing and the arbitrator can order a technical inspection of the vehicle at the program's expense if doing so is required.
CAMVAP arbitrators can order the manufacturer to buyback the vehicle; repair it at the manufacturer's expense; pay for repairs already completed; pay out of pocket expenses for items such as towing, diagnostic testing, rental cars and accommodation related to the problem with the vehicle. The arbitrator can also order that the manufacturer has no liability.
CAMVAP is available in every Canadian Province and Territory.
External links
- Vehicle Buyback Disclosure Project - FTC - Public Form on Vehicle Buyback Disclosures
- US Better Business Bureau: Learn More About State Lemon Laws
- Interview with John J. Woodcock III of West Hartford, Connecticut. Woodcock, as a Connecticut State Representative from South Windsor, was the proponent of the first "Lemon Law" enacted in the United States.
- Interview with Fred Blasius, President of the Connecticut Automotive Trades Association (CATA), which opposed the legislation.
- International Association of Lemon Law Administrators (IALLA)- find state lemon laws and the state agencies providing dispute resolution services and enforcement.