A Lemon is the last thing a person wants to get when buying a new vehicle of any kind. Ever wonder what a Lemon vehicle is and what it takes to prove it and how to prove it in a court of law
Buying a new vehicle, be it a car, truck, motorcycle or boat and many others things listed but not mentioned here is what no person want’s.
1) First what makes my vehicle a lemon according to the law?
A) Any repair that can’t be fixed in a reasonable number of attempts and is still causing the same problem such as A/C Foul Odors, transmission whining noise or jerking, engine noise, emission leaks and the list goes on and on.
2) How many repair attempts is considered reasonable attempts for a repair? Three repair attempts is considered reasonable
3) How many days in a repair shop is considered a lemon?
30 Days or more in the shop is considered a lemon.
4) How can this A/C foul odor be considered a lemon?
The dealership has attempted to fix the foul odor under the Factory Warranty that covers defect.
5) What should I do if the dealership says the problem I have is normal?
Get a non-biased opinion, most concerns are not normal.
6) Why is a repair done under the factory warranty?
The part was defective and the factory Warranty only covered defects.
7) Can the foul odors be fixed once and for all without covering the smell with fresheners that can be harmful to your health?
Yes it is a repairable problems, it takes several hours to do to proper repair. Most people believe the foul odor is normal and don’t ask for help anymore.
8) How can I prove my vehicle has a defect and it is still not repaired?
First have three repair attempts under the factory warranty. If they say they cannot duplicate the problem make an appointment and be sure you can prove the problem and be sure to write down any comments the Technician spoke when road testing and witnessing the complaint.
See the repair report before signing and taking car. If the Technician told you he witnessed the concerns but the repair order report states no problem found, call the manager and get the Technician there and make him say to the manager what he told you and make sure it is in writing before you sign it.
If they refuse to write it down call the Bureau of Automotive Repair in your area and they will help you. Everyone is entitled to a full written report of what is said and done about their vehicle.
9) How do I prove it in a court of law?
First you have your repair orders proving the A/C Foul Odor was attempted to be repair and has failed.
A) The repair attempts were done under the factory warranty and have failed.
B) The foul odor was witnessed by a Technician.
C) The complaint was witnessed by several repair technicians and temporary cleaned not repaired and the odor returns.
10) Can the foul odors be a heath concern?
I have heard many people and myself have had health problem caused by foul odor A/C everything from headaches to burning eyes and burning dry throat, other people have told me the same things such as.
The Foul Odors cause their eyes to burn (some people)
The Foul odor causes their throat to get raw (some people)
The foul odor cause them to have headaches (some people)
The found odors cause some people with asthma to have related asthma attacks. (some people)
11) Can the cause of the foul odors be fixed?
Yes, the cause of the foul odor can be fixed if the Technician will get the authorization to do the proper repairs.
12) What do I do now that I know I have a possible lemon?
- Call a lemon law attorney
- Get a clear copy of all of your document including the Contract or Lease, all repair orders, all notes, all phone conversation, and all things said to you by the dealership employees about your vehicle.
- Be ready to fax or e-mail all your information
- Do not send SS Numbers to anyone.
- Be sure when you settle the attorney’s fees will be paid by the other side and not out of your settlement.
- Let him do his job and you will come out ahead with possible a new replacement car, all you money back including the down payment and or part money back and you keep the vehicle.
- Remember when working with an attorney, he or she will not call you unless they have something they need to discus with you so be patient with them.
Good luck and tell a friend.
Jackie