What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer does not repair the defect, or if the repairs are unsuccessful, you have the following options:

Manufacturer`s Arbitration Program: Although you are permitted to file a lawsuit under the Lemon Law, before you may do so the law requires that you first use the manufacturer`s dispute settlement program, as long as it complies with federal rules and regulations.
This dispute settlement process is an informal process consumers may use to obtain speedy resolution of a warranty dispute without having to go to court, and it is legally binding on the manufacturer. At an arbitration hearing, the seller and buyer testify before an arbitrator about the condition of the vehicle.
You can find out if your manufacturer sponsors a certified arbitration program by looking at the information in your owner`s manual or warranty materials, or by contacting the Consumer Affairs Division of the Alabama Office of the Attorney General.
Court Action: If you have met the Lemon Law requirements listed above and are not satisfied with results from the manufacturer`s arbitration program, or if the manufacturer does not have an arbitration program that meets federal requirements and regulations, then you may go to court.
If you are seeking court action, you should consult an attorney; contact the Alabama Bar Association for a referral to an attorney who specializes in Lemon Law cases.
A lawsuit under the Alabama Lemon Law must be filed within three years of the original date of delivery, so don`t delay if you think you may need to go to court.
If a court determines that the manufacturer has breached its obligations imposed under the Lemon Law, then, in addition to remedies listed below under Possible Outcomes, you will be entitled to receive a reward for reasonable attorney fees.

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, full written disclosure is required by law, including the nature of the nonconformity.

The manufacturer must also return the title to the state, which will label it as having been returned to the manufacturer for nonconformance to the warranty.

Does The State Of Alabama Have A Used Car Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

No.

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

If it was decided that your vehicle is a lemon, you may choose either a refund or a replacement of your vehicle with a similarmodel new vehicle.

In your refund, the manufacturer is entitled to deduct a reasonable allowance for vehicle use, calculated from miles driven from the date of delivery until your first report of the defect to the dealer. After this deduction, you are entitled to receive the full purchase price, collateral charges, taxes, fees, finance charges, incidental costs, and reasonable costs of alternative transportation.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

The vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts in the following situations:

If you have taken the car in for at least three repair attempts—at least one of which occurred within the first 12 months or 12,000 miles for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more calendar days, including at least one repair within the first 12 months or 12,000 miles, while being repaired for any number of defects.

Via certified U.S. mail, return receipt requested, you need to provide written notification to the manufacturer (not your dealer) describing the vehicle, the defect(s), and all previous attempts to correct the defect. In this notification, you need to request that the manufacturer make a final attempt to repair the condition. Be sure to include your name, address, day and evening contact information, the license number and model type of your vehicle, and the date and location purchased.

The manufacturer then has 7 calendar days from receipt of your notice to notify you of a reasonably accessible repair facility, and then 14 calendar days after delivery of your vehicle to the repair facility to make this repair.

What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act, the Uniform Commercial Code (UCC), your service contract or extended warranty, secret warranties, implied warranties, express warranties, unfair and deceptive acts and practices (UDAP), or strict liability and negligence. Consult an attorney, the South Dakota Office of the Attorney General, or the Center for Auto Safety to determine which remedy would be best for your situation.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

According to Alabama`s Lemon Law term of protection, you need to notify the manufacturer of the defect and establish at least your first repair attempt during the first year or 12,000 miles after date of delivery, whichever occurs first. Once you do that, you need to meet the remainder of the criteria described below, and then will be covered under the Lemon Law, up until the earlier of 24 months or 24,000 miles from date of delivery.

If the vehicle is transferred to someone else during the first part of the term of protection one year or 12,000 miles after day of delivery that new owner or lessee gets the remainder of the Lemon Law coverage for the vehicle.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

This law covers all new or previously untitled vehicles that weigh up to 10,000 pounds; are selfpropelled; are used in substantial part for personal family, or household purposes; and are intended primarily for use on public highways.

Motor homes are excluded from coverage by the Lemon Law.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Every vehicle intended primarily for use and operation on the public highways which is selfpropelled. Excludes motor homes or any vehicle with a GVW of 10,000 pounds or more.

3 repair attempts or 30 calendar days out of service.

1 year or 12,000 miles

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Alabama Office of the Attorney General
Consumer Affairs Division
11 South Union Street
Montgomery, AL 36130
3342427334 or 8003925658 (from within AL only)

Alabama Bar Association
415 Dexter Avenue
Montgomery, AL 36104
8003925660 or 3342691515
www.alabar.org

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Mon, 30 Nov 2009 00:31:28 GMT

Free Lemon Law Attorney FAQs