how does the lemon law work?
OoNismoO
11-06-2003, 03:28 PM
lets say you looked up the VIN number, and it says that its clear. but when you look at your car, you notice that your left rear fender doesnt quite match up to your right rear one, and it looks like someone had fixed it, or didnt do that good of a job, but its hard to see, you really have to look at it, then what?
what does it mean when it says, "exempt from odometer reporting", on your title?
what does it mean when it says, "exempt from odometer reporting", on your title?
kurtlclark
11-08-2003, 11:11 PM
This should better explain the law and what it applies to.
Is my car a lemon? How do I know? What should I do?
What is a lemon? A “Lemon” is explained by Merriam-Webster dictionary as “one (as an automobile) that is unsatisfactory or defective.” Each state in the US has a law in place to define what a lemon is and when a manufacturer has breached its warranty as well as what the victim is entitled to for this breach of warranty. If your vehicle is not operating as expected or promised you may have a lemon. All motor vehicles that are primarily used for personal use are covered by state lemon law. Lemon law statutes for each state are available at http://www.kurtclark.com/lemon_law.html
How do I know if I have a lemon? Every state has its own lemon law but in general, if your vehicle has had four unsuccessful repairs for the same concern or if your vehicle has been “out of service” for thirty days within the shorter of 12 months or 12,000 miles then it qualifies as a lemon in most states. Please note that some states allow 18 months or 18,000 miles as in Indiana, so always refer to your state law for the specifics. This does not mean that you have to file your claim within 12 months or 12,000 miles, what it does mean is that your vehicle must have had four unsuccessful repair attempts or been out of service for 30 days within the first 12 months or 12,000 miles of the purchase date of your new car.
What should I do now? First let’s talk about what every vehicle owner should do, when your car is taken in for repair always request an invoice for the repairs performed. In the event you have a claim you need to have all of these documents showing when the repairs were attempted, make sure all documents show the date, mileage of your vehicle and any concerns or complaints you had voiced to the service writer when requesting service. Always ask the service writer to notify you of any recalls or service bulletins available for your vehicle and ask that they be stated on your invoice. DO NOT pick-up your vehicle from any repair facility without obtaining an invoice for the repairs performed or attempted if unable to repair. If there is no invoice, there is no history.
Familiarize yourself with your vehicle’s warranty. Some manufacturers require written notice to be sent in the event you have a complaint, this would be stated in your warranty.
Most importantly, always try to resolve disputes with the dealer directly to avoid litigation, they should feel compelled to assist you as they stand to lose future sales to you and everyone you come in contact with. If you are unable to resolve the issue with the dealer or manufacturer directly then I recommend contacting an attorney who specializes in lemon law or breach of warranty and discuss your options with them. Most states allow for attorneys fees to be recovered and paid by the manufacturer in the settlement meaning a consumer with a lemon vehicle does not have to pay for an attorney.
What if my vehicle has significant defects after the Lemon Law mileage/time limits?
If your vehicle is still under warranty but over the mileage or time limit you may still be protected, there are other laws which govern warranties and may be utilized by an attorney to help you. These include the Magnuson-Moss Warranty Act (http://www.yourlemonlawrights.com/state_laws/indiana.htm#mmwa#mmwa)and Uniform Commercial Code (http://www.yourlemonlawrights.com/state_laws/indiana.htm#ucc#ucc)whichprotect consumers against breach of warranty and such. Contact an attorney to see if these apply to your individual situation.
Is my car a lemon? How do I know? What should I do?
What is a lemon? A “Lemon” is explained by Merriam-Webster dictionary as “one (as an automobile) that is unsatisfactory or defective.” Each state in the US has a law in place to define what a lemon is and when a manufacturer has breached its warranty as well as what the victim is entitled to for this breach of warranty. If your vehicle is not operating as expected or promised you may have a lemon. All motor vehicles that are primarily used for personal use are covered by state lemon law. Lemon law statutes for each state are available at http://www.kurtclark.com/lemon_law.html
How do I know if I have a lemon? Every state has its own lemon law but in general, if your vehicle has had four unsuccessful repairs for the same concern or if your vehicle has been “out of service” for thirty days within the shorter of 12 months or 12,000 miles then it qualifies as a lemon in most states. Please note that some states allow 18 months or 18,000 miles as in Indiana, so always refer to your state law for the specifics. This does not mean that you have to file your claim within 12 months or 12,000 miles, what it does mean is that your vehicle must have had four unsuccessful repair attempts or been out of service for 30 days within the first 12 months or 12,000 miles of the purchase date of your new car.
What should I do now? First let’s talk about what every vehicle owner should do, when your car is taken in for repair always request an invoice for the repairs performed. In the event you have a claim you need to have all of these documents showing when the repairs were attempted, make sure all documents show the date, mileage of your vehicle and any concerns or complaints you had voiced to the service writer when requesting service. Always ask the service writer to notify you of any recalls or service bulletins available for your vehicle and ask that they be stated on your invoice. DO NOT pick-up your vehicle from any repair facility without obtaining an invoice for the repairs performed or attempted if unable to repair. If there is no invoice, there is no history.
Familiarize yourself with your vehicle’s warranty. Some manufacturers require written notice to be sent in the event you have a complaint, this would be stated in your warranty.
Most importantly, always try to resolve disputes with the dealer directly to avoid litigation, they should feel compelled to assist you as they stand to lose future sales to you and everyone you come in contact with. If you are unable to resolve the issue with the dealer or manufacturer directly then I recommend contacting an attorney who specializes in lemon law or breach of warranty and discuss your options with them. Most states allow for attorneys fees to be recovered and paid by the manufacturer in the settlement meaning a consumer with a lemon vehicle does not have to pay for an attorney.
What if my vehicle has significant defects after the Lemon Law mileage/time limits?
If your vehicle is still under warranty but over the mileage or time limit you may still be protected, there are other laws which govern warranties and may be utilized by an attorney to help you. These include the Magnuson-Moss Warranty Act (http://www.yourlemonlawrights.com/state_laws/indiana.htm#mmwa#mmwa)and Uniform Commercial Code (http://www.yourlemonlawrights.com/state_laws/indiana.htm#ucc#ucc)whichprotect consumers against breach of warranty and such. Contact an attorney to see if these apply to your individual situation.
kurtlclark
11-08-2003, 11:14 PM
Odometer Exempt is usually on vehicles over 10 years old and doesn't mean anything but the vehicle is old enough that mileage is not of alot of concern anymore.
hellochevy
12-30-2004, 09:27 AM
The lemon law really doesnt work sorry to say... I mean Ford is still selling cars.
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