Free Tennessee Lemon Law FAQs | Free Tennessee Lemon Law Legal Documents

I Think I Have A Lemon. What Should I Do?

Tue, 29 May 2007 21:19:00 GMT

If you have a lemon, you must notify the manufacturer of the problem in writing by certified mail. The manufacturer has an additional opportunity to repair your car within 10 days. If the manufacturer cannot repair your car and the manufacturer has an informal dispute settlement procedure that complies with Federal Trade Commission regulations, the refund and replacement provisions of the Lemon Law won`t apply until you submit to the procedure. You are not bound by the decision and can still seek available legal remedies, including asking a court to award a replacement vehicle or reimbursement of the purchase price (less a reasonable allowance for use), plus attorney fees and court costs.

What Does Substantially Impair Mean?

Tue, 29 May 2007 21:19:00 GMT

ubstantially impair means to render a motor vehicle unreliable or unsafe for normal operation, or to reduce its resale market value below the average resale value for comparable motor vehicles.

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 A Lemon?

Tue, 29 May 2007 21:19:00 GMT

A Lemon is a motor vehicle sold or leased after January 1, 1987, that has a defect or condition that substantially impairs the motor vehicle; and the manufacturer, its agent, or authorized dealer cannot repair the vehicle after four attempts or the vehicle is out of service for repairs for a cumulative total of 30 or more days during the term of protection. This Law is only applicable if the vehicle was bought new. Under the statute, the manufacturer must replace the motor vehicle or refund the purchase price (less a reasonable allowance for use).

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

Any motor vehicle not including motorized bicycles, motor homes, recreational vehicles or offroad vehicles and vehicles over 10,000 pounds GVW.

4 repair attempts or 30 calendar days out of service

Warranty period or 1 year.

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.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

The term of protection is defined as one year from the date of original delivery or the term of the warranty, whichever comes first.

The Law is unclear about whether you have to have reported your problem during the term of protection in order to have a claim under the Lemon Law. The Division has adopted that you and your attorney view as the more defensive position (i.e., the problem essentially has to be reported within the first year or within the term of the warranty, whichever comes first).

When Can I Take Action?

Tue, 29 May 2007 21:19:00 GMT

You can file a law suit at anytime within one year from the date of original delivery of your car or within six months from the expiration of your expressed warranty, whichever is later. Extended warranties are not considered. You should consult an attorney well before the expiration of your time limit to be sure of preserving your legal rights.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

Tennessee Division of Consumer Affairs (www.state.tn.us/consumer)
Department of Commerce and Insurance (www.state.tn.us/commerce)
500 James Robertson Parkway, 5th Floor
Nashville, TN 372430600
6157414737 or 8003428385

Tennessee State Bar Association
Lawyer Referral Service
3622 West End Avenue
Nashville, TN 37205
6153837421
www.tba.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

Sun, 29 Nov 2009 01:59:20 GMT

Free Lemon Law Attorney FAQs