Know the Reasonable Number of Repair Attempts Under the "Lemon Law"

By Seomul Evans


In the proper understanding of the 'Lemon Law', it is important that the reasonable number of repair attempts should be clearly clarified. This is just a phrase, but in the overall scheme of the law understanding this section can help you maximize what the law can offer you.

For many, a the reasonable number of repairs will refer to the number of allowable times that the car can be repaired before the consumer can say enough is enough and this is the time to take the lemon issue to the courts. Though partly correct, it is still important to go deep in the proper understanding of the phrase in the context of lemons of the industry. So are there specific numbers of repairs before the consumer can select the other course of options?

Under this federal law, the allowable and reasonable number of repair tries will depend on the situation and the seriousness of the trouble on the vehicle as reported by the consumer. Take for example one of the most common issues reported on the road, brake issues. For many, the reasonable number of repair attempts may be two or three. A careful reading of the law reveals that the true test of the right number of allowable repairs can be checked during the first 18 months of use after the vehicle has been delivered to the consumer. Or in some cases, during the first 18,000 miles after the vehicle has been delivered.

Using the rules of the Lemon Law, it presumes that the vehicle manufacturer had reasonable number of attempts to repair the vehicle during this time frame for three counts. One, if the recurring problem will result in a situation that will cause serious injuries or even death to the driver when the vehicle is driven. And given the fact that the situation has been repaired and it still recurs, and that the consumer has informed the manufacturer as indicated in the warranty. Two, if the same problem has been the subject of repair for at least four times by the manufacturer or its representatives, and the consumer has alerted the manufacturer on the need for repair as provided in the warranty book. And three, if the vehicle has been out of service for more than 30 days since its delivery because of repair efforts made by the manufacturer or the agent of the manufacturer. The 30-day rule can be extended provided there are some conditions that beyond the control of the manufacturer. If these three counts are satisfied and realized, then it's a validation that the vehicle manufacturer has been given 'ample time 'to repair the vehicle of the complaining consumer.

Of course this kind of ruling is not absolute and that during arbitration or hearings, the manufacturer can still argue that it should be given more chance to make additional repairs. Because of this, it is recommended that as a consumer you have to make sure that you inform the manufacturer at the onset of the problem. Document all request for repairs and you can send your request for repair and attention to the address indicated on the warranty manual. You can ask for a return receipt as proof that the mail has been served. You can only contact the manufacturer if the manufacturer has disclosed clearly to the consumer through the warranty the provisions of the law and the direct notice requirement.




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