Before lemon laws were enacted, car dealers could pretty much decide which problems they would fix and which ones were just the buyer’s bad luck and his or her problem. That pitiful situation has been remedied. Now, lemon laws do vary from state to state, but basically they all do the same things. Lemon laws provide:
* Protection for the consumer
* A requirement that manufacturers remedy problems under warranty
* Details for the procedures for resolving disputes between consumers and manufacturers
* A refund or replacement requirement when a vehicle is not fixed
The burden of proof that a vehicle is, in fact, a lemon and that the buyer is protected under the lemon laws of his or her state lies with the buyer and not with the seller of the vehicle. The only way that a buyer can meet this burden of proof is by keeping accurate and detailed records. Sorry, but there just isn’t any other way to gain the protection you deserve under the lemon laws. You must detail each and every problem, the steps done to fix the problem, and any expenses that you may have incurred because of the problem.
When you qualify for protection under the lemon laws of your state, the seller of the car can offer you a full refund for or replacement of the vehicle. Remember that it is your choice whether you want the refund or the replacement. In addition to the sales price of the vehicle, you are entitled to recover sales tax, license and registration fees, finance charges, attorney and other legal fees, and the Lemon Law filing fee.
Remember this: while the lemon law is for your protection, auto manufacturers are extremely motivated and know the law better than you do. The lemon law provides you with certain rights, but it also spells out your responsibilities in pursuing those rights.