
Is the Lemon Law Only for Major Defects? What About Minor Vehicle Issues?
Usually, when we think about a vehicle that qualifies as a lemon under the law, it has some type of substantial defect. Maybe the engine or a vital safety system repeatedly breaks down and is unfixable. But what happens if your vehicle has a more minor problem that persists over time? It isn’t a huge issue that necessarily keeps it from running, but it seriously devalues what you thought you bought. That’s the key right there—value, especially where your ability to sell the vehicle is seriously diminished due to problems that might not be extreme but persistent and interfering with the overall vehicle value. Here’s a gray area in lemon law that we will discuss so you can see what some possible situations could be and why hiring a lemon law lawyer is the best way to protect your rights.
What Kind of Minor Defects Could Reduce Vehicle Resale Value?
These could be problems that range from a recurring noise that can’t be fixed to a component on the car that works but isn’t functioning properly all the time, like a sunroof that sticks and can’t be closed. The navigation system could be faulty, so the ability to trust it 100% of the time would be impossible. Some vehicles vibrate at high speeds and put off buyers, who may think that there are transmission issues with the car.
All of these types of problems don’t keep the vehicle from running, and you may get used to them over time. When it comes time to sell your vehicle, buyers can just as easily go buy another car or truck that doesn’t present these problems. Then you get stuck not being able to sell the vehicle at all, or for substantially less than you could have, if those problems weren’t present.
You’ll find as we delve deeper into this topic, perception often overrules the facts; in other words, even if you can prove, for example, that your car was never in an accident, odd noises and imperfections can send up red flags with buyers.
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It’s important to remember if the vehicle has been modified or subject to the owner’s abuse or neglect, then the nonconformity or minor defect definition does not apply. That is, the flaw has to be caused by a mistake in the manufacturing process and not by the vehicle’s owner.
There are many types of nonconformities and seemingly minor usability-related vehicle issues, and perception by the buyer can greatly affect your vehicle’s resale value. Here are a few examples:
Persistent Dashboard Rattle
You purchased a new luxury sedan, and from day one, there’s been a strange dashboard rattle that happens when the car travels at 45-55 mph. The dealership has attempted repairs three times, replacing various components, but the sound doesn’t go away. While this doesn’t affect the vehicle’s performance or safety, it’s documented in your service history. When potential buyers go for a test drive, they immediately notice this noise. Despite the vehicle’s otherwise pristine condition and low mileage, you’re receiving offers significantly below market value. Buyers express concern that the rattle indicates some sort of structural problem, even though it’s just cosmetic. This factory defect, while minor in terms of function, has effectively diminished your vehicle’s market appeal and resale value by creating doubt in buyers’ minds about the car’s overall quality.
Paint Mismatch
Your new SUV came from the factory with a slight color difference between the rear quarter panel and the rest of the body. It’s subtle but noticeable in direct sunlight; the panel has a bit different metallic flake pattern than the surrounding areas. The manufacturer says that this was a production issue affecting a small batch of vehicles. Despite multiple attempts to color-match and repaint the panel, the difference is still visible. When selling, buyers notice this discrepancy, assuming the vehicle has been in an accident and repaired. Even with documentation proving it’s a factory issue, buyers hesitate because they think the car will be difficult for them to resell. This perception has reduced offers far below comparable vehicles.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Climate Control Flaw
Your new pickup truck has a very odd climate control issue where the system automatically switches to defrost mode for about 30 seconds every hour of operation. The manufacturer confirms this is a programming quirk in certain units. It doesn’t affect the system’s ability to heat or cool the cabin. However, the unexpected mode changes are documented in your service history after multiple unsuccessful repair attempts. When you try to sell the vehicle, this documented defect raises red flags with potential buyers. They worry about the climate control system failing completely. Despite the issue being more annoying than a real problem, buyers are offering well below market value, citing concerns about future repairs and the hassle of dealing with an imperfect system.
These are but a few of the gray areas that may be challenging to navigate on your own. State lemon laws differ across the country, so it can be difficult to know what your state may cover. Then there’s also the federal lemon law, the Magnuson-Moss Warranty Act, under which you may be able to gain compensation. All of these complexities and rules call for an expert lemon law attorney to protect your rights.
Don’t wait to contact a lemon law attorney. What you may consider not that significant could actually affect your vehicle’s resale value. Get additional details about minor issues and lemon laws and contact Allen Stewart, P.C.
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As we’ve seen, minor defects can impinge on your right to gain maximum value when you resell your vehicle. In some cases, you may be unable to sell it. Working with expert lemon law attorneys to pursue your claim is recommended. Allen Stewart, P.C. offers the experience you require in these complicated cases. Our expert knowledge of lemon laws gives you an advantage versus trying to parse what these laws entail in regards to ‘nonconformities’ or minor defects.
You might be wondering if federal laws can help you with these minor defect claims. Earlier, we mentioned the “federal lemon law,” known as the Magnuson-Moss Warranty Act. Allen Stewart, P.C.’s attorneys offer expert understanding of this law and can often use it to help you get the compensation you deserve.
Don’t wait to pursue your minor defect claim. Lemon laws have definite timelines, so it’s important to be proactive to have the best opportunity to win compensation. Contact Allen Stewart, P.C. today to have us review your case. Call us now at 866-440-2460 or contact us online.