Legal Matters

 by: Scott Hallman

Taking back your “LEMON” or compensating you for your inconvenience is the Legal obligation of the car company. Unfortunately, this costs them money and many will go to great lengths to keep you from taking advantage of your rights under the Lemon Laws.

Here are five (5) common "tricks" car companies use to avoid their Legal obligations to consumers:

• Dealer Trick #1 - Saying you do not have the right number of repair attempts.

The Law is very specific in regards to this matter. But dealers commonly mis-code the reason for the visit so it "appears" that you have not been there for the same reason.

• Dealer Trick #2 - Saying the defect never existed or it’s not the same defect.

This is one of our favorites - the old "Loophole." A bit insulting isn't it - as if you were imagining the car breaking down on Interstate 70.

• Dealer Trick #3 - Saying the defect is not "Substantial."

The fact is that the defect does not need to be substantial under the Federal Lemon Law. The defect must substantially impair the use, value or safety under the State Lemon Law only. And you do not want the dealer determining if it was "substantial" anyway!

• Dealer Trick #4 - Saying the consumer abused or neglected the vehicle.

This is the quick "responsibility shift"- your fault not ours. This is typically a bunch of baloney. For example, if the vehicle is advertised as an off road vehicle, it can be taken off road. If you have kept reasonable service records this "trick" is easily dealt with.

• Dealer Trick #5 - Saying "That's Normal" or "They All Do That."

Today's vehicles should be reliable and operate as advertised. Settling for defects you "can live with" was never part of the bargain when you bought your new vehicle.