Buyer’s Responsibility
Just because you’ve got a real stinker of a car doesn’t mean an auto exec will show up at your door with a big, fat check. It doesn’t work like that. While you have a right to reimbursement for a vehicle you bought in good faith on the presumption it would work, you also have responsibilities. When we drive that new car out of the dealer’s lot, we’re not anticipating lemon issues. The first four “things you need to do” are not so much indications of total mistrust in the auto industry or neurotic pessimism, they are simply things you should do with any new vehicle.
Before Your Car Turns into a Lemon
- Even before you choose your new car do your homework. Check car reviews from sources not funded by new car advertising. A good car review includes reliability reports on the model as well as results of safety testing. Unless the car is new from bumper to bumper, check on Technical Service Bulletins on the drivetrain and other major components of the model you’ve selected.
- Read and understand your warranty. One of the primary purposes of the Magnuson-Moss Act was to compel manufacturers to issue warranties written in plain English. So, you have no excuse. If you have any questions, ask the dealer.
- Follow all the instructions in the warranty. Auto makers provide maintenance schedules; follow them. If you’re thinking about tricking out your truck or sport compact, make sure modifications do not void the warranty. And, even if your brother-in-law is the family mechanic, if he doesn’t work for a shop authorized to do warranty work on your vehicle, he’s out of luck.
- File all vehicle documents. If six months into the life of your new car, it shows signs of lemon-ness, you don’t want to have to scrounge through your glove compartment and under the seats to retrieve the repair orders. You can start your car file with the purchase agreement and add to it any piece of paper that tracks maintenance and repairs.
When You Think You’ve Got a Lemon
- And more documentation. At the first indication your new car has a serious defect, follow the tips provided on the Documentation and Auto Repair Log pages on this site. If the vehicle turns into a full blown lemon, the documentation, notes, work and repair orders are all evidence. It’s your responsibility to make sure your description of the car’s defect is accurate.
- Read your state’s lemon laws. The cynical advice would be to check your state’s lemon laws if you have to bring your car back to the dealer with a serious problem while it is still under warranty. It’s not uncommon for new vehicles to have 50,000 to 100,000 mile drivetrain warranties; however most states restrict lemon resolution to as little as 12,000 miles. You’re safe as long as that first repair attempt is within the time limitations of your state’s law.
- All states require a formal letter of notification as the first step toward resolution. Some states require the car owner submit to an Informal Dispute Resolution process. Suck it up and follow the rules. The dispute resolution is not binding on the owner of the vehicle. It may take up a lot of your time, but in some states it’s not an option and you won’t be able to file a civil lawsuit unless you’ve taken that step.
If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.
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