Let’s say you just bought a lemon. Not the sweet and sour fruit kind of lemon, but the defective car kind of lemon. You saved your money for a long time, shopped around and did your due diligence before putting pen to paper and getting the keys to your new ride. Unfortunately, days or weeks later, you start noticing problems. Maybe it’s something relatively innocuous, like a weird smell or strange rattling sound. Maybe it’s something worse, like the car not starting in the mornings.
Maybe it’s something dangerous, such as a safety system malfunction or engine failure. No matter the severity of the problem, these issues have one thing in common: they are all defects. If the problem hasn’t been caused by anything you did to the vehicle, it’s the manufacturer’s responsibility to make it up to you. When they fail to do so, lemon laws on the books in every American state can help you and your lemon law attorney get you the compensation you deserve.
One of the first things to come to mind may be “how do I get rid of this thing?” Luckily, you have options. Following the conclusion of a successful lemon law claim, consumers typically have one or two options through their state’s lemon law: repurchase or replacement.
Repurchase is exactly what it sounds like: the manufacturer buys the vehicle back from you and cuts you a check for its value, with a portion withheld depending on how many miles you drove the vehicle before reporting the problem. Most state laws also require the manufacturer reimburse you for incidental costs you encountered because of the vehicle’s defects, including rental car fees, towing costs, phone or mail communications made when contacting the dealership or manufacturer, personal property damage, attorney’s fees if the consumer hires an attorney after learning the manufacturer has also hired an attorney, and even room and board if the vehicle fails while on an out-of-town trip.
For more information on arbitration and other frequently asked lemon law questions, click here.
Replacement is when the manufacturer provides a vehicle as close to the original as possible, usually of the same make and model – through hopefully lacking the problems that made the original vehicle a lemon in the first place. Just like with a repurchase, the manufacturer can withhold a certain amount depending on how much the original vehicle was driven before the consumer reported the defect.
Depending on the type and severity of the defect that made the car a lemon in the first place, it may end up for sale once again. These vehicles make their way to use car lots with “branded” titles, marking them as a lemon and notifying potential buyers upfront that they could run into trouble with that vehicle. That way, consumers looking to save money on a used car know what they could be getting into buying a known lemon. This is similar to how totaled vehicles that are repaired must be branded with a “salvage title,” informing consumers that while the vehicle may be drivable and appear fine, it was once considered a complete write-off by the company insuring it.
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If you choose to resell the vehicle yourself, you are free to do so. “As-is” vehicle sales are quite the opposite from buying a brand-new vehicle from the manufacturer. Buying “as-is” means you know all about the condition of the vehicle and are buying the vehicle anyway. However, “as-is” is not a complete shield against fraud accusations, however. They do not protect a seller who deliberately deceive or otherwise fail to disclose problems with the vehicle. Simply put: if you try to sell your lemon privately, be up front about problems with the vehicle.
Some dealerships will offer a “minimum trade-in value” for any vehicle you bring in to trade as part of a new vehicle purchase. Be wary of using this to get rid of your lemon car: some dealerships have offered a minimum trade-in value for a car, but offset that by marking up the new vehicle’s cost. Dealerships are more likely to do this when they realize you are trading in a lemon vehicle.
If the defect is too severe to repair or otherwise deal with, the best option may be scrapping the vehicle altogether. Contact local scrapyards and check what they are offering for scrap by weight. Many factors affect how much you’ll get for scrapping the vehicle: the cost of the recoverable parts, demand for metals, etc. Then again if you are scrapping the vehicle, getting something is better than nothing.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Another option for getting rid of your lemon vehicle is donating it to a non-profit organization. Many charities and other organizations will accept your vehicle and sell (or scrap) it for you. They keep the proceeds while you get rid of a burdensome lemon, and a nice tax benefit on top of it.
Your best option when discovering your vehicle is a lemon is contacting the experienced, qualified lemon law attorneys at Allen Stewart P.C. When you reach out, one of our staff members will ask you questions about your vehicle; it’s year, make and model, the problems you’ve been having with it, where and when you bought it and more. Once our attorneys determine they can help you, they will ask you more detailed questions and request your purchase documents; every scrap of paper and digital document related to your sale. They will ask for all records of repair attempts made on the car, and what the manufacturer has done to try and fix the problem. They will explain to you all of your options and update you every step of the way.
The lemon law attorneys of Allen Stewart P.C. have helped hundreds of clients whose lemon cars left them stuck on the road. They have the knowledge and tools to take the fight to automotive manufacturers who fail to stand behind their written warranties. The sooner you reach out, the better your chances of getting the best resolution possible for your lemon law claim. Don’t delay: contact Allen Stewart P.C. today.