 | rad Train is the General Manager overseeing day-to-day operations of Saturn West & Saturn East for the owner Scott Davies. He joined the Wichita Saturn team in 1994 as a Sales Consultant, after 3 years he entered the Saturn Management Team. Brad is a graduate of Southeast High and Butler Community College. He and his wife Michelle have 3 children; Shelby, Andrew and Jacob. You can contact Brad at (316)219-5500, or by e-mail at bradtrain@saturnwichita.com |
Cars, Trucks, Vans & Automotive
2004-09-01 12:34:00
What is the ‘Auto Lemon’ law’?
ANSWER: The "Lemon Law" is a state law in which a manufacturer has breached its written warranty. Unfortunately, lemons do happen; you spend your hard earned dollars on a vehicle, and then find out its just one problem after another. You're in and out of the dealership and the repair shop with a vehicle that's not performing to your expectations. The American Heritage Dictionary defines a lemon as: "One that is or proves to be unsatisfactory…" However, to further define such a broad term, the Lemon Law outlines certain situations which entitle consumers to their money back or a new vehicle. Any defect or nonconformity, or combination of defects, which are not repaired within a reasonable number of attempts or a reasonable amount of time, may entitle you to Lemon Law relief. Your vehicle does not have to be breaking down to be considered a lemon, and almost any motor vehicle is covered by the Lemon Law; cars, trucks, motorcycles, ATVs, vans, RVs, and many other types of motor vehicles.Often, there is a misconception that you must present your "lemon" case within the first year of ownership because the Lemon Law has what are called "presumptions", which go into effect during the first year of ownership. The Lemon law states that, under certain circumstances, if a defect is not cured within a reasonable number of repair attempts, your vehicle is a "lemon." The question remains, "What is a reasonable number of repair attempts?" The law lists four examples of when it may be "presumed" that a reasonable number of attempts were made. The most common is that a defect has been subject to three unsuccessful repair attempts within the first year or eighteen thousand miles, whichever comes first. This is where the misconception comes from. If the dealer refuses to repair your vehicle, the manufacturer has given a warranty, which in most cases, requires the dealer to do repair work. If the dealer and/or the manufacturer then refuse to do the repair work, you may have a claim under the Lemon Law.The most important documentation that you should maintain, are the repair orders that you are given after your vehicle has been in for repair. Each time you take your vehicle in for repair you should make sure that all the information contained on these documents is correct. Make sure that all the complaints are written up exactly as you have stated them; that all of your complaints on that visit are included; that the "dates in"-"dates out" are correct; and that the mileage is correct. Also, keep a calendar of all appointments which shows when you took the vehicle in to the dealer; this can be helpful in lieu of or in addition to the repair orders. The Lemon Law covers a wide range of defects including but not limited to:• Engine• Transmission• Brakes• Steering• Water leaks• Paint Defects• Vibrations• Rattles• Electrical Problems• Pulling problems• Bad Smells• Many other defectsThe ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a "buy back" or a "repurchase." When that occurs, the defective vehicle is returned to the manufacturer. This is usually done by returning it locally to one of their authorized dealers. Remember, the best protection you can have against becoming involved in a Lemon Law Case, is to buy from a reputable dealer who is willing to listen to your concerns from the start and help you in any way they can. If you're still not satisfied with the dealer's communication and service efforts, and if you think you have a lemon car, your state's lemon laws and other consumer protection laws can help you.
