Lemon Laws on Used Cars
A lemon is a car that repeatedly cannot be fixed. Each state has its own laws to protect purchasers of a lemon, so the details can vary depending on what state you live in, but the general rules are the same no matter what state you live in.
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What Is a Lemon?
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A lemon is whatever your state law says it is. Generally speaking, a lemon is a car that continually breaks down despite your repeated attempts to fix the problem. A lemon is not a car that breaks down one time even though you think it shouldn't. You must have repeated problems, and you must unsuccessfully attempt to solve the problem on several occasions before you can legally call your car a lemon.
Time and Mileage
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Lemon laws expire if your car has too many miles or was purchased too long ago. Many state laws provide that a car with more than 12,000 to 24,000 miles cannot be a lemon. Similarly, a car purchased more than 6 to 12 months ago cannot be a lemon. Older, higher-mileage cars that break down are assumed to break down because of age and routine wear and tear.
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Lemon-Worthy Defects
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In most states, a car is not a lemon simply because a windshield-wiper motor or headlight lamp continues to malfunction. Instead, a lemon is a car that experiences continued problems with a critical mechanical component, such as an engine, transmission or braking system. However, some state laws provide that a lemon is any car that spends at least 30 days, for any repair, in an auto repair shop during the first year of the car's life.
Remedies
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If you have a lemon, you probably have a right to either (1) having the dealer repair the car, or (2) having the dealer replace the car with a non-lemon. In most states, the dealer can decide how to remedy the situation, which means the dealer can, if it wants, repair the car for you, at the dealer's expense, or the dealer can just give you a new car in exchange for your lemon.
Notifying the Dealer
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Most state laws impose strict notice requirements for claiming a lemon. This means that if you believe your car is a lemon, you should notify the dealer immediately, in writing. Your state may even have a form that you are required to use to notify the dealer. Because the details of state laws can vary so much, it is important that you find out your own state's laws on lemon notification. Missing a notice deadline, or providing faulty notice, may limit your rights to repair or replace your lemon. It is always best to keep a written record of all repairs, attempted repairs, and communications with your dealer.
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