So Your Car’s A Lemon… What Can You Do?

This won’t be easy.

In the first place, it takes a lot for a car to be officially acknowledged as a “lemon” insofar as the law is concerned. You usually have to wrangle extensively with the dealer who sold it to you – and after that, the manufacturer who built it – before you can get out from under. The process can take a year or longer – and repeated service calls, breakdowns and pains in the rear in the meanwhile.

The ugly truth is that once they’ve got your money, it’s very hard to get it back. 

So, what can you do?

The first thing to know is exactly how your particular state defines a “lemon.” Laws vary, but most have a few general provisions in common:

One, the problem(s) must be objective – for example, a prematurely (and maybe repeatedly) failing head gasket vs. you don’t like the way the car feels.

Two, it must be an item initially covered by the manufacturer’s original new car warranty. For example, if your six-month-old car suffers a transmission failure (or has a sunroof that leaks) that would be an objective, warranty-covered repair.

The third lemon qualifier is recurrence of the same problem. If, despite repeated attempts (typically no more than three or four)  the dealer has been unable to fix whatever the issue is  – or the car has been “out of service” for a given period of time,  typically, more than 30 days during the first year of ownership – your car meets the criteria. 

In a nutshell: You’ve taken it back for the same thing several times, but the roof still leaks or the transmission still isn’t working properly. They can’t seem to fix it. The car’s in the shop more than it’s in your driveway, etc.

But there are several catches to be aware of.

The first of these is that many state lemon laws have a so-called “presumptive period” – for example, 18 months or 18,000 miles, whichever comes first, as in California  – during which there must be tangible evidence of an abnormal, recurrent problem(s) in order for the full force of a lemon law’s protections to be available after the manufacturer’s new car warranty has run out.

This is why it is critical to bring any problems that crop up to the attention of the dealer as soon as they are discovered – and to document them. Keep records of every service visit – and make sure the work order/receipt clearly lists the reason why the car was brought in, as well as the date and the odometer reading at the time of service.

The longer you wait – and the shorter the paper trail – the more the odds are stacked against you.

The second catch is that the dealer/manufacturer may acuse you of having “abused” the vehicle. Most state lemon laws do not apply if the problem is deemed to be the result of “abuse” – and the legal definition of “abuse” includes such things as failure to maintain and service the vehicle according to the factory recommendations, including the use of only factory-approved oil/filters.  

It’s still ok to change your own oil and filter – or to do other service work – but for lemon law purposes, you must be able to produce proof that you did, in fact, change the oil and filter as per the factory time/mileage interval – and with the correct weight and American Petroleum Institute (API) service specification (e.g., API specification SE, CD; 5W-15) oil and an Original Equipment Manufacturer (OEM) or equivalent “approved” brand of oil filter – not a generic or unapproved “off-brand” part. That means keeping receipts for everything you buy (with dates stamped on them) and a log book of the dates/mileage readings when you performed the work. If you can’t produce such records – or use generic brand parts not specifically approved by the manufacturer – you could be left holding the bag should a problem arise. The above is true as regards any home maintenance performed on the vehicle.

The moment you suspect you have a lemon on your hands – unusual, recurrent problems, peeling/fading paint, leaks, “unfixable” electrical problems, premature failure of major components; constantly having to bring the car back to the shop, etc. – it’s a good idea to consult with an attorney who specializes in this type of consumer law. Most will not charge you for an initial consultation to determine whether you, in fact, have a valid cause of action.

Don’t “learn to live with” a balky, unreliable car – or accept BS from the dealer that it’s “normal” (as an example) for a car to need a new transmission at 12,000 miles.  Remember: If there is in fact a defect with a component such as a transmission, it may (and probably will) recur – even if a “new” unit is installed. The design/materials of the part itself could be flawed – and the “new” transmission (or whatever) may not last much longer than the first one. And once the warranty period (or lemon law coverage “window”) has expired, you could be out of luck – even if you’re on your third transmission in less than 40,000 miles.

If you do have a solid case, you and your lawyer should be able to get the dealer/manufacturer to either buy back the lemon (less an “adjustment” for the mileage on it), or replace it with another vehicle of equivalent value – if that’s acceptable to you.  Sometimes, the dealer will offer “unlimited free service” for the life of the car – or something along those lines – instead of a buy-back or replacement offer.

But it’s up to you whether the “free” service will compensate you for the hassle of owning a car you  can’t trust.

For a state by state listing of lemon laws and their provisions, see www.123car.com/lemon/lemonbystate.html or www.lemonlawamerica.com.