Americans buy thousands of new vehicles every year, but not all those purchases have a happy ending. Many vehicles sold in America every year contain problems that turn your dream car purchase into a nightmare. The National Highway Traffic Safety Administration (NHTSA) estimates American car consumers buy roughly 150,000 defective vehicles not realizing the problems lying in wait.
These “lemon” vehicles contain repeating, unrepairable problems that arose before the vehicle got to the dealership. These problems can range from major, even life-threatening problems like safety system malfunctions, transmission problems or engine failures to the seemingly minor, such as mismatched paint or an unexplainable odor. No matter the problem’s severity, the manufacturer has a responsibility to fix the problem and make the consumer whole once more. When they fail or refuse to do so, state and federal lemon laws provide consumers and their attorneys with the tools they need to seek compensation under the law.
Defects such as the Takata airbag recall, the Volkswagen “Dieselgate” scandal, and the Ford Pinto gas tank fires are major and tend to grab headlines. However, seemingly minor problems can still throw a car out of conformity with its warranty and merit lemon law support.
All state lemon laws, however, cover what they refer to as “nonconformities.” A nonconformity” is any defect or problem caused before the vehicle’s arrival to the consumer. Many things can cause defects, including substandard materials, human error during the manufacturing process, faulty components or any other reason. The cause is less important than the result: the problem throws the vehicle out of conformity with its written warranty, hence the term.
Minor defects such as air conditioning or heating problems, painting mistakes, or unexplainable noises can still be considered nonconformities because while they may not impact the vehicle’s use or safety, they can negatively affect the vehicle’s value – particularly its resale value. The Texas Lemon Law, for example, covers “serious defects” that “substantially impairs the use or market value of the vehicle.” Most people buy their vehicles assuming they will sell them or trade them in years later for their next vehicle, and these “minor” defects can make that process unduly difficult.
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A consumer experiencing a so-called “minor” issue should speak with an experienced, qualified lemon law attorney to confirm if their problem falls under lemon law protection. The defect must negatively affect the vehicle’s resale value to be covered. The law also does not cover, however, any problem caused by the consumer’s abuse, neglect or unauthorized modifications to the vehicle. If the problem you’re experiencing is caused by post-purchase damage or an unauthorized after-market modification, lemon laws cannot help you.
When you find a major or minor problem you believe is a factory defect, you should immediately contact your dealership and schedule an immediate repair. Statutes of limitations in each state mean you have a limited amount of time to file any potential lemon law claim. The Texas lemon law, for example, requires consumers to file a state lemon law complaint no later than 42 months from the date the warranty became active. However, if the consumer drives the vehicle 20,000 miles in the first year after the vehicle’s delivery, the consumer will need to file the Texas state lemon law complaint before the car traveled another 4,000 miles, even if that occurs before the expiration of the 42 months mentioned above. Importantly, a Texas consumer should seek the assistance of a lemon law attorney to determine the time remaining, if any, to file a Texas state lemon law claim, and whether they should still try to file a claim depending on their specific circumstances.
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Each state lemon law has certain tests a car must pass before it can be considered a lemon and its owner can pursue lemon law remedies. The Texas Lemon Law, for example, has the four times test, the serious safety hazard test, and the 30 day test. If the vehicle meets any of these criteria, it is considered a lemon. This is why it is so important to immediately notify your dealership and attempt repairs as soon as you notice any potential problem, regardless of severity.
A vehicle passes the four times test if it’s been taken to a dealership for repairs two times for the same problem or defect within the first year or 12,000 miles, whichever comes first, and twice more during the first 12 months or 12,000 miles following the first repair attempt without the problem being fixed.
A vehicle passes the serious safety hazard test if the vehicle owner submits the vehicle for repair of a serious safety hazard once during the first 12 months of ownership or 12,000 miles, whichever comes first, and then once more during the 12 months or 12,000 miles following the first repair attempts without the problem being fixed.
A vehicle passes the 30-day test if it has been out of service for repair because of problems covered by the original factory warranty for a total of 30 days or more during the first two years or 24,000 miles of ownership without a comparable loaner vehicle offered, and there were two repair attempts during the first year or 12,000 without any success.
Per the Magnuson-Moss Warranty Act of 1975, federal lemon law claims follow the statute of limitations from the state in which the warranty breach occurs. Texas is one of many states abiding by the Uniform Commercial Code’s four-year statute of limitations. Thus, federal Magnuson-Moss claims originating in Texas must observe a statute of limitations of four years.
Even if you think your car’s defect is minor, you should contact a lemon law lawyer. What you think might be “minor” may negatively affect its resale value when it’s time to get a new vehicle. The lemon law attorneys of Allen Stewart P.C. have decades of experience representing their clients against automotive corporations and a proven track record of getting positive results. The sooner you reach out, the better your chances of getting the best possible compensation for your lemon car. Don’t wait; contact Allen Stewart P.C. today and get back on the road.