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A serious defect is any defect or condition or series of defects or conditions which substantially impair the value of the motor vehicle to the consumer. The defect must be in a part of the car covered by the manufacturer`s express warranty, but it is not limited to things which make the car driveable. Leaks, lack of air conditioning or heat or serious paint problems, to name a few, could be defects which substantially impair the value of the vehicle to the buyer.
Also, in order for the vehicle to be seriously defective, the defect must have appeared within the express warranty period. The lemon law requires all vehicles to have an express warranty of at least twelve months or twelve thousand miles. If the express warranty period exceeds 24 months or 24,000 miles, the consumer`s right to a replacement or refund is limited to defects which first occur within that first 24 months or 24,000. For warranty defects which occur after within the warranty period, but after the lemon law`s 24 month/24,000 mile limitation, the consumer would have to seek compensation for failure to repair if the vehicle is not repaired after a reasonable number of attempts. Compensation for failure to repair is the difference in the value of the car as it is and the value it would have if repaired, or the cost of repairs.
Note that the express warranty on a new motor vehicle stated in a number of miles begins from the date the vehicle is delivered to the consumer. For example, if a demonstration model with a 24,000 mile warranty has 4,000 miles on it when the consumer buys it, the warranty will remain in effect until the vehicle has 28,000 miles on it.
Reasonable Number of Attempts
The law presumes that a reasonable number of attempts have been undertaken to fix the defects if:
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified lemon lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local lemon attorney to discuss your specific legal situation.