Lemon Law: It’s All about the Defects

With a few rare exceptions, where there is fraud at the outset, Lemon Law cases hinge on the defects.

Ideally you’d like a nice long string of the same or similar substantial defects. Substantially, the definition of, is what makes Lemon Law cases. If the manufacturers had their way, substantial would only include vehicles that repeatedly explode spectacularly, while being driven on the freeway and the driver is a sweet little lady of 80 carrying four or five nuns as passengers.

It is a fact that many manufacturers will deny a case where there are four well-documented engine defects and the problem is still present. This could be a case that is well-qualified for almost any state’s Lemon Law.

On the owner’s side it is not unusual for a car owner to think that the faint squeak in the trunk is akin to a full symphony orchestra playing Bartok fortissimo and why the hell should he have to take it in more than twice before getting rid of his manifestly horrible car.

Somewhere between these two extremes is the area of reality. Common sense must apply. Sometimes it is our job to help the manufacturer and the car owner to understand when enough is enough.

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