Car: Lemon Report

When buying a used car it is a wise idea to get a vehicle history report to make sure you are not buying a vehicle that has been in an accident or had substantial work done to it, also called a car lemon report.

What is the Lemon Laws?

The Lemon Laws are a powerful set of state and federal laws which can be used to help you get rid of your lemon car, truck, rv or boat in possibly less than 30 days and get your money back and avoid spending a dime out-of-pocket on legal fees or costs.

Run VIN lookup to get a car lemon report

VIN is all you need to get a get a car lemon report. To find the vehicle identification number look on the inside of the driver’s door or look on the dashboard. Usually finding the VIN on the dashboard requires looking through the windshield in front of the steering wheel down in the corner where the dashboard and windshield meet. If you already own the car, the VIN number can also be found on your auto insurance papers, as well as on the title.

Where to get a car lemon report?

You can run VIN lookup through an online database containing information about used vehicles. All you need is the VIN (vehicle identification number) of the vehicle you’re thinking about buying.  This way you can have a detailed report about that used car. If anything happened to the car in its past, CARFAX will report it.

How does the NY Lemon Law work?

The New York Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 24 months or 18,000 miles, whichever comes first, that can’t be repaired after repeated attempts (normally 3-4) by the manufacturers authorized dealership. These cars can be purchased, leased, registered or transferred to New York.

Is My Car a Lemon under the New York Lemon Law?
If you have had repeated repairs to your vehicle or it has been out of service for several days, it may be a lemon and you may be entitled to a cash settlement, refund or a new car. Even if your vehicle does not meet the lemon law requirements, you may still be entitled to a cash settlement, refund or new car under federal law. These laws can apply to used cars too.

New York Lemon Law Criteria

Not all pre-owned vehicles qualify for protection. The car must satisfy all of the following criteria:

• The New York Lemon Law does not apply to vehicles purchased for business use; therefore the vehicle’s primary use must be personal.
• The pre-owned vehicles must have been purchased or leased from a New York dealer
• The vehicle must cost in excess of $1,500
• The used car must have been sold or leased after the vehicle has reached 18,000 miles or two years of age (which ever comes first). Age of the vehicle is counted from the original date of delivery.
• The odometer reading at the time of purchase or lease must be less than 100,000

What am I entitled to if my car does fall under a Lemon Law?

Depending upon the facts of your case, you could be entitled to a cash settlement, a partial or total refund of the purchase price, or a new or replacement vehicle also known as a “buy back” or a “repurchase.” As each vehicle or product’s repair history is so different, it is best to have a qualified lemon law attorney review all the repair orders and receipts to determine the best way to proceed. Our goal is to get you the most favorable resolution possible for your lemon law claim.

What types of vehicles does New York ‘s Lemon Law protect?
New York ‘s Lemon Law protects buyers and lessees of cars and trucks purchased, leased, or transferred in New York and used primarily for personal use. Motorcycles and motor homes are also covered under the law, but there are limitations on the coverage.
Your vehicle is covered by Lemon Law during the first two years of ownership or 18,000 miles of use, whichever comes first.

Do I have rights if my vehicle has gone past the Lemon Law period?
Absolutely. Even if your vehicle has gone past 2 years or 18,000 miles , there are still Federal and State warranty laws that may protect you.

The lemon laws in California exist to protect consumers and they require the car manufacturer to take responsibility and make it right for the buyer.

Do I have to notify the manufacturer prior to pursuing a Lemon Law claim?
California law has no “notification” requirement, despite what your owner’s manual may say. In fact, there is law that says that the manufacturer has a duty to monitor your warranty history and offer a buy back even without a buy back demand. The law only requires you give the manufacturer a “reasonable number of opportunities to repair” warranty related problems. If you’ve given the manufacturer that opportunity, no further “notice” regarding the problem(s) is required.

How many times must I bring my vehicle back to the dealership for repairs?

If a vehicle is brought in for the same repair 4 or more times, or has been out of service for more than 30 days during the manufacturer’s warranty period (typically 36 months or 36,000 miles, whichever occurs first), your car may qualify under the California Lemon Law.

What is Considered A Major Defect?
“Major Safety Defect” has yet to be decided by the Courts. However, it must be a life threatening potential problem with a vehicle, or the vehicle’s failure forces the owner into a dangerous situation. This would include, for example, stalling, failures to start, overheating, significant braking issues, fuel issues, air bag and seat belt issues, transmission failure, instrumentation failures, and the like.

Does the lemon law apply to used vehicles?
Yes. California’s lemon law applies to used vehicles as well. As long as the used vehicle was still covered under warranty at the time of purchase/lease, you are protected under California’s lemon law.

Does the Lemon Law apply to repairs covered by an extended warranty?

No. The extended warranty is essentially a service contract that covers repairs on vehicles after the manufacturer’s warranty has expired. Although an extended warranty may appear to be similar to a manufacturer’s warranty, it is not the same. The California Lemon Law requires that a defective vehicle be repaired under the manufacturer’s original warranty in order for a consumer to be entitled to a refund or new replacement vehicle.

Lemon Law in California for Leased Cars
If you are a resident of California and you lease a car or truck, you enjoy the identical rights of someone who purchased a car. Thus, leasing does not limit your rights to consumer protection.

Do I have to initiate the claim within 18 months or 18,000 miles of ownership?
No. Under California’s lemon law, there is no such time limit or mileage restriction with respect to the Lemon Law qualifications as long as your problems started while your car was under warranty, you can initiate your claim.

The used car lemon law has been enacted to protect consumers from being saddled with persistently defective cars. Different states will have different used car lemon laws – so there would be a Florida Lemon Law, a Texas Lemon Law, a New York State Lemon Law, an Ohio Lemon Law, a Califonia Lemon Law, a Georgia Lemon Law, and so on. Even if you do not meet the lemon law requirements under state law, Federal regulations may apply to some used vehicles. Federal regulations apply during manufacturer’s warranty periods which last between two to five years depending on the manufacturer, but can continue in some circumstances several years after the warranty expires. Buying a manufacturer certified used car which comes with a limited warranty or the extended manufacturer’s warranty if it is available may entitle you to the protection of the used vehicle Lemon Laws.

The Used Car Lemon Law provides a legal remedy for buyers or lessees of used cars that turn out to be lemons. The law requires dealers to give you a written warranty. Under this warranty, a dealer must repair, free of charge, any defects in covered parts or, at the dealer’s option, reimburse you for the reasonable costs of such repairs. If the dealer is unable to repair the car after a reasonable number of attempts, you are entitled to a full refund of the purchase price. No used car covered by this law can be sold by a dealer “as is.”

The Used Car Lemon Law covers non-commercial motor vehicles except for motorcycles, certain motor vehicle homes, and off-road vehicles. The law applies only to purchasers of used vehicles which:

1. Cost $1,500 or more and have 100,000 miles or less at the time of sale;
2. Were bought from someone who sold or attempted to sell three or more vehicles in the previous 12 months.

Lemon Law and Auto Warranties

Auto warranties should be bought by anyone who buys a car. But used car buyers should take auto warranties more seriously because of the higher chances for fraud. The right auto warranty covers a used car buyer in case of repairs or when the car needs maintenance.
The warranties that are given by the sellers are sometimes fraudulent. Therefore, buying a used car should always be checked before investing on it. The warranties on such cars have to be dealt seriously. That is why the customers are protected from such frauds with the help of the used car warranty law.

The rankings for top lemon cars are based of the number of complaints filed with the National Highway for Traffic Safety Administration compared with the number vehicles sold in that specific make and model. The vehicles with the poorest ratios make our dubious top 10 lemon cars list. Use this list to whittle away at what makes and models are possible purchases for you. Then when you have a specific vehicle in mind you can get a free lemon car report so you can confirm any doubts.

According to carfinderservice.com rankngs, the following are the top lemon vehicles you will most probably want to eliminate.

Top 10 Lemon Cars List
1. Mazda MPV
2. Kia Sportage
3. Ford Excursion
4. Ford Windstar
5. Mercury Cougar
6. Honda Passport
7. Honda S2000
8. Mitsubishi Eclipse
9. Isuzu Rodeo
10. Ford Explorer

What is a lemon car?

A “lemon” is a slang term for a car which is defective or often in need of repair. This is further defined by federal and state lemon laws but a car that continues to have problems or defects which interfere with its use, value, or safety could be considered a lemon.

Lemon car status is only one important hidden problem that the history report will reveal. It could uncover many other serious issues such as collision damage, hail or fire damage, odometer tampering and much more.

What is the lemon law?

The Lemon Law generally refers to your state law which defines when a manufacturer has breached its written warranty and what you are entitled to for such a breach of warranty. Additionally, there are various other warranty laws (or lemon laws) in most states and a federal law which can be used to recover money for consumers who do not meet the strict definitions contained in their state’s Lemon Law. The term “Lemon law” is not the actual or real name of this law but, is a nickname and may differ in each state according to its law.

If your vehicle or product is a lemon, in most of the states you may be sanctioned to your money back or a cash settlement. The replacement for a defective new vehicle is effective if the defect is not removed in four attempts, a safety defect within two attempts or if the vehicle was found out of service for 30 days within the first 12,000 to 18,000 miles or 12 to 24 months.

Is my car a lemon?

The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.

You would have already figured out that a lemon car is a car that has some kind of manufacturing defects. A lemon used car is a car that continues to have a problem; thereby it is weighed less when it comes to value, safety, and use. Generally if a car has been repaired few times for the same defect and if it is not sorted out, then the car is a lemon. The amount of times the manufacturer has to rectify any problem varies on both the severity of the problem and the state in which the vehicle was purchased in. For example: if Consumer A has had eight different completely different and unrelated problems with their recently purchased used car, it doesn’t necessarily make the car a lemon. So long as the manufacturer fixed each problem within the legally prescribed number of visits, the car is simply unreliable but not necessarily a lemon.  The number of opportunities the manufacturer and/or warrantor has to repair the defect depends on the severity of the problem. There may be more opportunities afforded to manufacturers if the defect is not life threatening, such as the air conditioner, than if the problem is related to something safety related such as the safety belts.

If your car won’t start, has brake problems, accelerates unexpectedly, won’t shift out of second gear, or the doors open by themselves, then you may have a lemon. If the paint is peeling off of the coating had a defect, it’s not a lemon.

Can used cars be covered by the lemon law?

Yes, the the vehcile is sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.  If you are buying a used car a reliable online VIN lookup tool will tell you if the car is a lemon. A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer’s use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer’s use before the discovery of the defect, and the Lemon Law presumption does not apply. Read more in used car lemon law section.