No one wants to get stuck with a lemon car, but it does happen. The important thing to remember is that you have rights in this situation. You do not have to sit back and accept that you were taken advantage of by the seller and sold a lemon. You have the option of either getting your money back or returning the car. But first, you have to learn the procedure for your particular state.
Visit the Lemon Law America website and choose your state from the drop-down menu in the bottom left-hand corner of the screen.
Read through the information carefully. The best tactic for getting rid of your lemon car is to arm yourself with information. All state laws are different, so be sure to read the laws for your particular state.
Organize all of your records for the lemon car. Odds are, you discovered that your car was a lemon after many repairs. You need to have all of those repair records organized in chronological order. If you purchased your car from a dealership, request a Vehicle Warranty Repair History, which will list all of the repairs the vehicle has ever needed.
Figure out your goal for getting rid of your lemon car. You will be attempting to return it to the manufacturer, which is responsible for producing the lemon. You can generally get a replacement car, or the manufacturer can buy back the lemon from you. Some people are open to either option as long as they are able to get rid of the lemon car.
Write a letter to the manufacturer explaining your case and what you want from them. Mention that you are entitled to your request under your state’s lemon law, and briefly explain why you believe your car is defective, citing specific repairs. Include a deadline for the manufacturer to respond so that your request is expedited. A letter is the best way to document your lemon law case legally.
Wait for a response. It will probably take at least 30 days to get a response from the manufacturer or longer. Once they respond, the negotiation will begin. It could take two or three counteroffers before the dispute is settled and they take back your lemon car.
Argue for your rights. This is where knowing your state’s lemon law is most important. Some manufacturers will try to make you pay for a difference in sticker price of your new vehicle and for mileage or usage on the lemon car. With a buyback, the manufacturer may also try to make you pay for mileage. Many state lemon laws specifically say that you’re not responsible for any of these costs. You may also be entitled to receive all of your loan payments, the total value of your trade-in and your down payment from the manufacturer, as well as having your loan paid off. You have rights under your state’s lemon law and the manufacturer has the right to negotiate. Keep arguing until you get what you want.
Hire a lawyer to help you when all negotiations fail. Lemon law lawyers know your state’s laws in depth and can negotiate with the manufacturer more effectively on your behalf. A lawyer, however, should be your last resort.
