Buying a brand new car is one of the most exciting events experienced by a family. Family members, particularly the driver, are of course thrilled over the newfound comfort and convenience, as well as elated for owning a prestigious brand new car. But what if the new car turned out to be a “lemon,” does the family have no other recourse but to grin and bear the subsequent costs incurred?
Fortunately, there are laws protecting buyers of vehicles deemed as “lemon.” Even if the family bought the vehicle from a used-car dealer or auction site. The latest owner of the defective brand new car, has a chance to claim reimbursements for substantial and continuing repairs while the vehicle is under warranty; or if constrained to do so, file a lawsuit. That is, for as long as the vehicle in question has been verified as a “lemon” by a duly appointed arbitrator.
When is a Vehicle Considered a Lemon
When a brand new car turns out with manufacturing defects while still under warranty, to the point of compromising the safety, the utility and the worth to its owner, the vehicle is a lemon. Still, not all factory defects qualify as reasons for terming a vehicle a lemon, which is why an arbitrator will have to intervene in order to validate the buyer’s claim.
Who will File for a Request for Arbitration and When Should the Request be Made
A purchaser of a newly manufactured vehicle making a claim that he paid for a lemon, can request for an arbitration hearing within 30 months, counting from the original delivery date of the issued vehicle. The request must be made to the “Lemon Law Administration” of the state’s Attorney General’s Office. Through the arbitration hearing, the consumer seeking for consumer protection under the Lemon Law, will be determined if he meets all the requirements of a valid claim.
However, the consumer seeking to exercise his rights under the Lemon Law must continue to make payments related to the purchase, or lease of the lemon vehicle, while in pursuit of a claim under the Lemon Law.
If a lemon vehicle was purchased from a used-car dealer or an auction site, the latest owner of that transport equipment can also make claims against the manufacturer under the Lemon Law. Provided however that the original owner had filed a Request for Arbitration within 30 days counting from the original delivery date. The dealer or auctioneer therefore must include the vehicle’s lemon condition to the buyer, as well as other terms governing the buyer’s right to make claims under the Lemon Law.
Should the buyer deem it necessary to request for an arbitration hearing, he must do so within two (2) years from date of original delivery date and that the request was made within the first 24,000 miles of the vehicle’s operation.
Lemon Laws tend to vary per state, making it necessary for purchasers of lemon vehicle to check the General Lemon Law in their jurisdiction. Let us say, a motor vehicle that is still undergoing a Lemon Arbitration hearing was purchased from a spokane auto auction, then the General Lemon Laws of Washington D.C. furnish the bases on the requirements and claims that will be determined as valid by the arbitrator.Continue reading