The Lemon Law Presumption Explained
Automobile lemon laws are enacted to protect consumers from the costs and dangers associated with defective vehicles.
In most states, there is a lemon law presumption written into the law. A legal presumption exists when a particular conclusion will be made when certain facts exist. In the case of automobile lemon laws, a vehicle is presumed to be a lemon if it meets certain standards.
These standards vary from state to state. In New Jersey a vehicle is presumed to be a lemon if the vehicle has either been in the shop for inspection or repair three (3) or more times (for the same problem) or has been out of service for twenty (20) days or more (for any and all warranty problems), with the first instance occurring within two (2) years or 24,000 miles of the vehicle being received by the original consumer. These laws apply to automobiles and motorcycles purchased, leased or registered in New Jersey.
In Pennsylvania, a similar presumption exists applicable to vehicles purchased, leased or registered in the state. These vehicles are presumed to be lemons if they are brought in for three (3) or more repairs (for the same problem) or are out of service for thirty (30) days (for any and all warranty problems), with the first occurrence within 1 year or 12,000 miles, whichever comes first. The Pennsylvania Lemon Law does not apply to motorcycles or motor homes.
If the vehicle you purchased, leased or registered in either state meets the requirements to qualify for the presumption, you will be entitled to have the manufacturer repurchase or replace the vehicle.
Be aware, it is a common misconception that the lemon law presumption is the only way to recover for a defective vehicle under the law. If your vehicle does not meet the requirements to qualify for the presumption, you may still be eligible for compensation. Even if you are outside the time and mileage requirements, you may still be entitled to repurchase or replacement by the manufacturer. Unfortunately, it is very difficult to achieve these results on your own. It is in your best interest to retain an experienced lemon law attorney to evaluate your case and deal with the manufacturer.
If you believe your vehicle is defective, contact an experienced Lemon Law attorney for a consultation today.