So, what happens to lemon law buyback vehicles—the ones that are fixable, that is? A key insight in this discussion is that manufacturers who buy back lemon law vehicles aren’t required to destroy them. After some repairs, many can be resold, and rental car companies are sometimes the buyers, since these cars are usually available 20-30% below market value. When you rent a car, it’s often possible to find out if it is a former lemon vehicle. You can also explore the car’s history and what to do should you have problems with your lemon law vehicle rental. One way to help ensure your rights are protected is to contact a lemon law attorney if you run into issues with your car rental.
What Makes a Car a “Lemon”?
What is a lemon car? They typically begin their lemon story as newer vehicles owned by individuals (usually under warranty when problems occur) that can’t be fixed after a reasonable number of repair attempts (usually 3-4 tries). These defects must substantially impair the vehicle’s use, value, or safety. Each state has its own lemon laws, but most require the issues to surface within a certain timeframe or mileage limit.
From Lemon to Rental: Legal Requirements and Disclosure
Disclosure requirements of a vehicle’s lemon history vary by state; some states mandate clear disclosure; others have less strict rules. Sometimes there are differences in title branding, such as instead of being referred to as a “lemon law buyback,” a car might be labeled as a “manufacturer buyback.” Some dealers, when selling former lemon cars, can be deceitful and “wash” a lemon law title, where they don’t fix the car or don’t disclose that it is a former lemon. This practice could cause a rental car company to not know that they purchased former lemon vehicles, further complicating matters for renters. You could then potentially rent a car without being able to find out about its troubled past, which becomes a gray area that could cause issues during your rental period.
Plan Ahead Before Renting a Car
If you allow a few minutes of extra time at the rental counter, it can help you avoid potential issues with former lemon cars. Ask the rental company what their policy is on lemon law vehicles. They might not have that information at hand or otherwise want to disclose it, but your inquiry allows you to document your concern.
For more information on arbitration and other frequently asked lemon law claim questions, click here.
It only takes a moment to do some checking on your rental’s status. Document the vehicle’s condition; take photos and even short videos. Get the vehicle’s VIN (Vehicle Identification Number). It’s often found on the driver’s side dashboard/windshield area or on a sticker on the driver’s side door. The rental documents should also have the VIN listed. With that, you can research the car’s history online on various sites and databases, including the National Motor Vehicle Titles Information System (NMVTIS). Note that some states don’t participate in the NMVTIS, and others may not check it before issuing new titles.
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What If You Suspect That Your Rental Is a Lemon?
Most people don’t think about whether their rental car could be a former lemon vehicle. If it is a former lemon, you could end up dealing with several risks:
- A higher chance of breakdown or malfunction, leaving you potentially stranded
- Potential accident or other safety concerns, especially if the original lemon law claim involved safety-related defects
- Wasted time, which can disrupt your travel plans
If you think you might have rented a former lemon law vehicle, or if your rental exhibits significant problems, you can take several actions. It’s important to keep track of all incidents. Write down all your interactions with the rental company and any expenses you have related to the problem. Contact the rental company’s customer service immediately and request a different vehicle if you have concerns.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
What rights do you have when you rent a car? You should be provided with a safe vehicle that operates without major issues during the time you use it. If this turns out to not be the case when you rent, you can consult a lemon law attorney.
If you rented a vehicle that broke down, would you have a case against the rental agency? You can benefit from an attorney’s understanding of how lemon laws relate to car rentals in your state and in your particular situation. In some states, such as California, you may have a case under state lemon law against the vehicle manufacturer. Contact Allen Stewart, P.C. for a free consultation. We will examine the facts of your claim versus applicable lemon laws. Call us now to schedule your consultation: 866-440-2460.
It is possible that lemon law cars can be purchased by car rental companies. That’s why it’s a good idea to stay informed and vigilant when renting cars. It only takes a few minutes to check a car’s history online, and today’s easy-to-use online tools can potentially save you from renting a problematic vehicle.
The good news is that consumer advocacy groups are pushing for stricter regulations regarding the disclosure of lemon law histories in rental vehicles. Some rental companies don’t purchase lemon law vehicles, though this isn’t yet an industry-wide standard.
When you’re aware that former lemon law vehicles can end up in rental fleets, you can take appropriate precautions. Your best defense is knowledge. Don’t hesitate to ask questions about the vehicle’s history and trust your instincts if something seems off about the car you’re offered.
It can be difficult to understand your rights when each state has different lemon laws. Plus, there can be differing protections (if any) for lessees or renters. Allen Stewart, P.C., is a top Texas lemon law firm and has also won compensation for hundreds of clients in many other states. When Allen Stewart, P.C. represents you, you’ll also benefit from our extensive knowledge of federal lemon laws, specifically the Magnuson-Moss Warranty Act, to give you the best chance of winning compensation.
Timing is critical in lemon law cases. Don’t wait to contact us; lemon law claims require a proactive approach. Get in touch with our office now to schedule your free consultation. Regardless of your situation or potential case, don’t hesitate to call us at 866-440-2460 or contact us online.