What Exactly Is The Lemon Law?

What exactly is the Lemon Law? The Lemon Law is a law that was designed to help people who experience repeated issues with a vehicle you just bought. There are of course different parameters or ways in which the law applies from state to state, but the main tenets of the law remain the same across the board: which is to serve as some sort of remedial law to protect consumers from vehicle manufacturers and sellers.

In order for you to avail yourself of the protections of the Lemon Law, any car defects must be reported to the dealer or manufacturer within the first two years of purchase, or before a certain distance has been traveled with the car, usually within 12,000 to 18,000 miles, or whichever of the two options come first. Additionally, the vehicle must also be exclusively be for personal use.

Vehicles that are usually covered by this law will usually be brand new vehicles, while certain stated allow for used and leased cars to be covered. In some states like California, this law also applies to motorcycles, motor-homes and boats.

There are certain due processes that must be followed before anyone can seek the protection of this law. The very first of which is to notify the manufacturer or dealer of this fault and give them enough time to fix this fault.

The law requires that sufficient notice is given to the manufacturer to address any reported issue which often will mean sending the multiple notices to them when necessary, with records kept of these notices. If however, after giving the sufficient notices and time to fix any defect, and they do not fix these faults, then you will have the full protection of the Law.

One of the protections this law affords you is the right to a refund. If after receipt of your written notice to them, the manufacturer fails to take any remedial action within 10 days of this receipt, you would be entitled to a full refund.

On the off-chance that the manufacturer or dealer refuses your request for a refund, then the Lemon law will fully kick in and it will be time to start a dispute resolution process through the Division of Consumer Affairs, and ultimate via the courts failing that.

If the process does get to either dispute resolution or to the courts, then the very first thing you will need to begin doing, as part of the process, or in preparation to begin the process, is to gather all necessary documents, prepare all relevant questions and arrange to take down the testimony of as many witnesses as possible.

When looking for a lawyer, be sure that this lawyer has specialty in this type of legal matters. Oftentimes, the very first consultation you get will be free. The good thing about this is that if you do indeed proceed with legal action and win, the manufacturer will have to pay the legal fees you have incurred in the process. The final point to make about the above is that while the process can very easily go either way, the good thing is that if judgement goes against you for whatever reason, you always have the right of appeal.

At the end of the remedial or legal process, in the event that judgement goes your way, you will have the option of getting a complete refund or getting a replacement vehicle, and the good thing is that the choice is yours, not theirs.

In closing, we should mention that the Lemon Law still remains valid even if you signed a waiver when you purchased the vehicle. You just need to be familiar with the version of the law that is practiced in your state so that you know your rights as a buyer.

The Law And What It Means To You!

Although most people have a basic understanding of the law and some of its tenets and why it is important that every society should have its own laws to help regulate and conduct the affairs of society, very few people for the most part see or think of what the law means within the context of everyday events.

So what does the law mean to the everyday Jack or Jill on the street? Hoe exactly does the law affect their lives from day to day? Do they even understand these laws that affect their lives in no small way? Or is the law just some concept that they are aware of its existence, but for the most part try their best not to cross its path? And while there are often lawyers such as this one who will be willing to come to your aid whenever you need one, you should preferably try not to find yourself in that situation.

It is safe to say that a lot of people probably feel that the law is there for the most part to protect their interests, and that they usually will need not interact with it. There is however the belief, and quite rightly so, that if indeed that day does come when the individual in question does something that runs afoul of the law, then the law will step in to try  and remedy the situation, or ensure that a deterrent is put in place to make sure that that misstep does not happen again.

This is quite a rather naïve interpretation of the law, or the function of the law and how it operates. To give you some overview or context, at the very top of the “law ladder” lies the constitution, which sets the tone for pretty much everything that happens in any society, from the way the government is run, to how the citizens should conduct themselves and much more and pretty much everything else.

It is worthy to note that the law does not only come into effect in matters of criminality or other wrong-doing, nor is it confined strictly to constitutional matters. The law is a very sophisticated tool that that plays no small role in the day-to-day running of any civilized society, through the regulation of personal, business, institutional and organizational functions.

For example, the task of getting on a train, which the ordinary individual would think should be a simple task for which, as long as no laws have been broken, should in no way bring the law into the scheme of things.

But consider that (a) it is the constitution that grants us the right board a public transportation system and go anywhere we want (the right of freedom of movement,) (b) it is the same constitution that allows us the right to interact with people while on board the train without fear of favour of anything or anyone (the right of association.) (c) That same constitution allows us to enter into various forms of contracts with another party. E.g. the train service provide when we buy their ticket.

And (d) the law of contract and tort grants us the right to board that train without fear of injury, and in the event of that happening, that we be granted remedy. And thankfully there are always those lawyers, like these ones we can run to whenever we are in need of that remedy

Finally, it is also the constitution that that grants to us the right of ownership of currency or other property, the same currency which we have a right to hand over to the provider of the train service I exchange for carrying us to our desired destination.

The one message to take away from all the above, is that directly or indirectly, the law regulates just about everything we do, from our personal lives to our business affairs, and it is a critically important element of any society to ensuring that ensures the smooth running of that society.

We hope it is clear to you that the law is not some abstract notion that we only interact with when we break the law, but rather is an integral part of any democratic society and that which conducts and regulates our ever act, and in cases where it fails to do so, such laws ultimately gets changed.

The law has been an integral part of any society since the dawn of civilization, and more so one with social and legal boundaries which were not to be crossed by anyone. In the modern age we live in now, the law is more of a sophisticated network of rules and regulations which are adapted to shape the way we live our lives from day to day.