Lemon Law:
Lemon laws are United States state laws that remedies to consumers for automobiles that repeatedly fail to meet certain standards of quality and performance. These vehicles are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased vehicles. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.
In California, lemon laws cover anything mechanical, including a toaster, as does the federal lemon law. The federal lemon law also provides the warrantor may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.
Lemon laws may cover engine problems, transmission problems, water leaks, paint defects, electrical problems, brake problems, steering problems, vibrations, bad smells, rattles, and many other defects.
Used Car Purchases:
If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:
Situation #1: You may be entitled to compensation for breach of warranty if you had one of the following Warranties:
a. Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
b. Your vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
c. You purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer's Warranty Exists If you do not have a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:
a. Laundered Lemon (or prior history of mechanical problems known to the seller);
b. Previously salvaged or wrecked;
c. Fraudulently rolled back odometer;
d. Rental car, police car, taxi, etc.;
e. Stolen, stripped and rebuilt; and/or
f. Involved in a flood.
Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Lemon Laws in a particular state should be obtained from an attorney practicing in that state.
