Don’t be Victimized – Know the Lemon Law

Why an automotive dealership would risk their reputation and take advantage of their customers is beyond me, but it happens. We've been seeing a great deal of dealership misconduct lately. Locally, a dealership sold a "Certified pre-owned vehicle" to our client and insisted that it had passed thorough safety, reliability, and quality inspections. When requested to take the vehicle back, the dealership refused to do so.

Other ways that dealers conduct themselves improperly is through false advertising and odometer rollbacks. Sometimes they sell rentals, daily use vehicles, or salvaged title vehicles without disclosing what they were previously involved in. In fact, they sell 'lemons' or other unsafe vehicles without proper disclosure and do not honor warranties. These issues tend not to be discovered immediately; it is only after your purchase that you start to uncover these issues with your car. While it may not come easily, the good news is that you have recourse.

If a vehicle has been in and out of repair shops for thirty days or more for any number of problems or is under warranty and has had the same problem repaired more than four times, it will qualify under the Lemon Law. Only two repair attempts will be necessary if the vehicle has “major safety” issues. Remedies available to you, including a free replacement of your car or a substantial or total refund of what you paid for your car

If your vehicle fulfils the conditions above, the dealership in question may owe you damages for committing fraud in addition to the full refund of your money. Customarily, dealerships claim that the non-disclosure was just a simple mistake and that they were not aware of it. It is a fact that dealerships will typically plead ignorance of the non-disclosure and claim to have simply made an honest mistake. While this may, in many circumstances, be true, dealerships have also been known to try and get away with a non-disclosure, which is sad because DMV records, good mechanics and body shops, lawyers, advisors, and advertising people are all available to dealerships.

While it may be impossible to predict whether a new vehicle purchase will result in you getting a lemon vehicle, doing your homework can reduce the chances of either purchasing a lemon or becoming a victim to dealer misconduct on a used vehicle. Before buying a used vehicle, it is wise to have it examined by a trusted and knowledgeable mechanic and body shop to make sure it has not been involved in a serious accident. If so, don't purchase it! To search for salvaged titles visit www.carfax.com on the Internet. If the vehicle's title has been transferred more than two times, then you should pass on it. Insist that any warranties offered for a used car be presented in writing. Check with Consumer Reports to find out which vehicles are and aren't reliable.

If you find yourself in a situation where a dealership has defrauded you, then you should contact an attorney immediately. Self-help techniques for 'unwinding' vehicle purchases can often turn out to be more damaging than helpful.

Your vehicle is a major investment because you and your family depend upon it to get you safely where you need to go. Truthfulness and uprightness are essential, as you are entitled to be treated in a fair manner. Be a smart consumer and don't give up your rights.