Lemon law dealer excuses explained

Dealers and manufacturers are often reluctant to pay on a lemon law claim, even if it is justified. Here are some common explanations that dealers and manufacturers offer for why they refuse to either replace your defective vehicle or refund your purchase price.

More below.

Lemon law lawyer could help thwart dealer excuses

Lemon laws were introduced to simplify the process of a consumer getting relief after he or she buys a habitually defective vehicle from an auto manufacturer. Prior to the passage of such laws, consumers were essentially at the mercy of the manufacturers, who simply do not want to refund money or offer replacement vehicles for those that are defective.

The lemon laws in all 50 states make it clear that the consumer has the right to request a refund or a replacement vehicle should their auto qualify as defective under their state’s lemon law statute. And yet, time and again, manufacturers and dealers offer excuses and explanations as to why they cannot or will not offer relief.

Here are some of the most common reasons offered to consumers as to why a refund or replacement cannot be offered:

• The defect is not significant - The defect need only “substantially affect” the value, use or safety of the vehicle. It need not be a “significant’ defect; even something small can affect one of those three things. Whether or not a defect affects safety, value or use isn’t really a dealer call, anyway. These things are best determined by either arbitration boards or judges. 
• Abuse or neglect - As far as we know, all 50 states have clauses in their lemon laws that void the law if the vehicle has been subject to abuse, neglect or unauthorized modification by the owner. Again, that shouldn’t really be a judgment call by the dealer, although abuse and neglect are pretty easy to prove. Still, this accusation probably works a good portion of the time. Don’t fall for it. If you haven’t abused or neglected the vehicle, you have a valid claim.

• Incorrect number of repair attempts - The laws on the number of repair attempts or the number of days out of service that are necessary to qualify as a lemon vary widely from state to state. Some states require as little as two weeks; Louisiana requires a full three months. Check your states regulations carefully; you will know if you qualify. And be sure to document all repair attempts, as it may be necessary to prove that you met the requirement should you have to go through arbitration or a lawsuit.
• Claiming that a defect isn’t a defect - This one’s sneaky. The dealer simply claims that the problem is common to all units of that particular make and model. If they’re all like that, it can’t be a defect, can it? Yes, it can. If the brakes don’t work, the vehicle is defective even if the brakes don’t work on every single one the manufacturer made.

These excuses are common and are just one more reason why it may be in your best interests to hire an experienced lemon law lawyer to help you with your case. While it isn’t absolutely necessary, having an attorney could speed up the process dramatically. Why waste more time on your defective car than you have to?

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