How To Be Sure That Used Car Isn't A Lemon

By: Levi Quinn
Submitted: 2008-09-02 17:42:37
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A car that has the same defect—which impairs your regular driving of it—even after repeated attempts to fix the problem, is usually classified as a lemon. While the exact criteria vary from state to state, most legislation is similar to the Federal Magnuson-Moss Warranty Act, under which if a car has been unsuccessfully repaired more than 4 times for the same defect during the warranty period it qualifies as a lemon. This is said to constitute a violation of warranty and is a federal offense.

Now, the question of whether your car is a lemon. For a start, this depends on the kind of defects in the car. If it is a question of cosmetic defects that do not directly affect your driving of the car—peeling paint, poor fittings, or even the odd ‘funny noise’—then your car cannot be classified as a lemon, even though you are not particularly happy with it. On the other hand, if your car is giving problems that may make driving impossible or dangerous—defects like malfunctioning brakes, doors that open by themselves, gearbox defects and so on—then you are justified in asking for your car to be labeled a lemon, and consequently replaced by the manufacturer. At the same, time, you must have given the car maker enough opportunities to fix the problem before it can be qualified as a lemon as such.

Legislation on what qualifies a car as a lemon differ, such that while some states may consider 10 different defects during the warranty period to not make a car a lemon, others may mark a car as such if it shows even one defect that may lead to serious injury.

Now, to actually get all this legislation to work for you, you will need to produce documented proof about your car’s repair history. You must record everything—from when you got what fixed, to who all you met and spoke to, to how much it cost and so on. All your complaints should be submitted in writing, with a copy for yourself. The same goes for copies of Warranty Repair Orders. Also, you must ensure that the dealer takes down your repair complaint exactly as you describe it. Also, you need to define the problem accurately and in similar language. Otherwise, your car may not be certified as a lemon, as a result of a minor loophole in the law. Some states also define a car as a lemon by the number of days it has spent in the workshop. So, whenever you give your car in, take down the date and mileage reading. In some courts, the emotional and physical trauma that you may have had to go through because of your car failure may also hold legally, and have a bearing on the final judgment. So, if your car left you stranded in the middle of a desert, then that will count in the final mark up.

With these tips at hand, make sure that you are not denied your legitimate rights as a consumer. At the same time, they will also help you sort a personal problem you may have with your car and a manufacturing defect that constitutes unethical business practices.

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