National Used Car Lemon Laws
Lemon laws are put in place by the federal government to protect consumers from buying cars that do not live up to the promise that was made when the car was purchased. These cars fail to meet standards and are considered "lemons." The Magnuson-Moss Warranty Act, which is responsible for the federal lemon law, does vary by state but will help consumers if they buy a lemon.
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Written Warranty
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When you buy a used vehicle and pay more than $1,500 for it or lease a vehicle that is worth more than $1,500 from an individual or a business that sells in excess of three used cars annually, the purchase must include a written warranty. If the vehicle has less than 18,000 miles, it is also covered by the Lemon Law.
Duration of Warranties
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If you're used automobile has in excess of 18,000 miles or up to and 36,000 miles you must be given a written warranty that is good for a minimum of 90 days or 4,000 miles. Used cars with over 36,000 miles but fewer than 80,000 miles must be given a warranty for 3,000 miles or a minimum of 60 days. When used cars have a minimum of 80,000 miles but less than 100,000 miles you must receive a written warranty for a minimum of 30 days or 1,000 miles. Vehicles with more than 100,000 miles are exempt.
Warranty Coverage
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During the warranty period if the engine, steering, generator, ignition system, transmission, brakes, alternator, radiator, drive axle, or starter become defective the dealer who sold you the car must either repair the car or compensate you for the cost of repair. If the repair is attempted on three occasions and fails to be fixed properly you are able to return the car and get a refund of your purchase price, including sales tax and fees. If it takes more than 15 days to service your car while it is under warranty then you have the right to return the car and receive a refund of your purchase price, including sales tax and fees.
Warranty Clauses
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A dealer might include a clause in your warranty that adds exclusions to your warranty however he can not force you to relinquish any rights under the Lemon law. If the trouble is caused by mistreatment, neglect, or unreasonable alteration the dealer has the right to reject your request for a refund. If any arbitration has been started then the dealer can repudiate a reimbursement your purchase price until the matter is settled. You could decide to present your claim to an independent mediator who is accepted by the attorney general. You might be responsible to shell out a cost for this arbitration. Get in touch with your neighboring attorney general's office to locate the information for an independent arbitration.
State Attorney General
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If you try to resolve this issue and the dealer refuses to follow the law or you are unhappy with the arbitration process you should immediately get in touch with the New York State Attorney General, Executive Office, Capitol, Albany, N.Y. 12224. The dealer has 30 days to comply from the time he receives notification from you. The Used Car Lemon Law Bill of Rights will be made available to arbitrators and consumers who inquire about arbitration under the section.
Time Frame
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A dealer has 30 days from the day a copy of the arbitrator's decision was mailed to him to act in accordance with with the terms of the judgment. Failure to obey during the 30-day period shall enable the buyer to recoup, additionally a fee of $25 for every business day past thirty days with a maximum of $500. The court could grant realistic attorney's fees to the plaintiff or the consumer who wins the case.
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