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The lemon law legislation was directly due to the egregious sale of a known or unknown vehicle by the seller to the American buyer. This lemon law covers both used and new vehicles but can differ slightly from a state like California, Florida, New York to New Jersey. To summarize the overall United States lemon law: The law specifically encumbers the manufacturer and not the dealer to make right the defects that disallow the vehicle from properly performing. However, the car or motorcycle needs to be attempted to be fixed a reasonable number of times to be deemed a lemon. A warranty rights period is the usual protocol set up for the buyer that is usually a time frame of 12-24 months or the same in thousands of miles on the odometer. Most of the state lemon laws dictate as a seriousness category; how many attempts are to be made in order to properly classify the vehicle as a lemon which in turn enables the consumer for replacement or refund. |
1. When the defect is classified as a serious one like that of steering or brakes, the manufacturer is given one attempt to fully repair it completely. 2. If the problem is not considered serious, then the manufacturer has two attempts to rectify the problem. 3. The lemon law covers for 'any other' type of flaw, three attempts to fix the repair. 4. If the vehicle is at any time in the shop for a full 30 days within a twelve month period, and at least 1 of those days being within the first 12,000 miles, it is given full consideration as a potential lemon. Attorney lemon law fees: About fifty percent of the state lemon laws allow for the reimbusement of attorneys fees. However, the states that do not, have a better success ratio in their respective warranty disputes than those states that do. Some consumers feel that there should not be a deduction in their reimbusement just because they drove the vehicle some miles when the issue and servicing commenced. However, the lemon law act and the federal warranty act, allow states much of the time, autonomy in deciding if those miles, wear and tear, is to be a reduction to the consumers rightful reimbusement. To give all fairness to the buyer, the law should specifically read on a national level, that the consumer should not be subject to reduction in their claim just becuase they simply drove the car or motorcycle during the repair periods. With the lemon law in place, the days of feeling insecure about the purchase of a vehicle is shored up with the protection this law serves the common American. This is not to say that the law is completely perfect and that it can't get better, because it can and more than likely will as we legislatively refine it's protections. |
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