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Lemon
laws
The
defect must be a "substantial" one that impairs the use, value, or safety
of the car. For example, if the manual transmission repeatedly stalls
in first gear, that is a "substantial" defect.
What if the car has more than one defect?
You
cannot add up multiple attempts or extend periods of repair for different
defects. Lemon law remedies are available only if the number of repair
attempts or the time the car is out of service is attributable to a single
defect.
Notify
the dealer and/or manufacturer
We
have come along way from the old adage of "buyer beware" (also known as
"Caveat Emptor"). But consumers today cannot just sit on their rights
without acting with some degree of reasonable caution. For example, if
there is a substantial defect in your new car, you must notify the dealer
and/or the manufacturer promptly, to give them a fair opportunity to inspect
and repair the vehicle. Likewise, the consumer must be very specific about
the nature of all defects, so the manufacturer or dealer can have a fair
chance to remedy the problem.
Can
I continue to use the car after notifying the manufacturer?
Normally
yes. But you might not want to do so without consulting a lawyer. Continued
use might hurt your ability to claim remedies outside of lemon laws.
Can
I stop payments on a defective car?
Normally
no. Lemon laws do not permit you to discontinue payments on a purchase
contract. In fact, if you stop making payments and the car is repossessed,
you are probably no longer entitled to lemon law remedies. See an attorney
before doing anything like stopping payment on your lease or sales contract.
What if the dealer can't fix
the car?
If it can't be fixed,
what kind of relief is available?
Will car manufacturers
settle?
What about arbitration?
Can I sue?
If I have to sue, who pays
my attorney fees?
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