Legal Ease by
Shane Givens
June 1, 2011
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Alabama's lemon laws At least a few times every month someone calls or comes into the office and tells me the used car they recently bought has turned out to be a piece of junk. “The lot owner will not give me my money back and I want to sue him,” they'll tell me. Fortunately, there are such things as “lemon laws” in Alabama. Unfortunately, most people have no idea when or how to apply them. Lemon laws protect buyers of vehicles when they purchase a car that turns out to be a piece of junk (like the Ford pickup driven by Editor Scott Wright). Most people don't know, however, that these laws only apply to new vehicles, not used vehicles. The laws don't cover motor homes or any vehicle with a gross vehicle weight rating of 10,000 lbs. or more, either. Coverage of the Alabama lemon law extends for a year after the date of delivery of the vehicle or 12,000 miles, whichever comes first. Before a claim can be made, the manufacturer must be given the opportunity to deal with the problem. In fact, at least three repair attempts must be made in 24 months, or the vehicle must have been out of service for a total of 30 calendar days before a suit can be filed against the dealer or manufacturer. If, after reasonable attempts, the manufacturer or the dealer is unable to repair the vehicle during the lemon law rights period, the manufacturer shall, at the option of the buyer, replace the vehicle with a comparable new one or shall accept return of the vehicle and refund the full contract price including charges for undercoating, dealer preparation and transportation charges, and installed options. The manufacturer must also refund all sales tax, license and registration fees, and similar government charges along with all finance charges incurred by the buyer after he first reported the problem to the manufacturer or dealer. If the manufacturer refuses, then the offended owner may sue. The buyer of a used vehicle is left to operate under the legal principle of “caveat emptor”, Latin for “let the buyer beware.” In other words, if the used vehicle seller does not offer you a warranty, or if the original warranty on the vehicle has expired, and the car is being sold “as is” (the case in most used car sales situations), then it is up to the buyer to make sure the vehicle is not a lemon. There are several ways for a used car buyer to protect himself pre-purchase, including taking the car for a test drive, or for a look by a trusted mechanic. Also, the car's VIN number can be searched online to see if it has been involved in any accidents. Warranties for used cars can also be purchased from independent companies. This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net. |