When you consider the number of cars, light truck, vans, etc that are produced every year in the United States it should come as no surprise that some of them will be plagued by a defect that simply cannot be fixed, this vehicle is known as a lemon. This is something that is always in the back of a car buyers mind; is my car a lemon, one that I have to spend good money and time on trying to fix something that simply does not want to be fixed? Although the state lemon laws in some states cover both new and used cars, unfortunately for a used car buyer in Alabama the Alabama lemon law does not apply.
Knowing in advance that the law does not apply to used cars, it makes good sense for the buyer to take matters into his own hands, get an independent examination of the car from a reliable mechanic and ask the dealer for the vehicles history.
Let’s look at the qualifications and remedies offered under Alabama law:
In Alabama, a defect is a condition of the car that does not conform to the warranty that the manufacturer issues with the new vehicle; the defect must have a significant detrimental impact on the value, use or safety when used in the normal, accepted manner. It is not a defect if the problem is caused by vehicle neglect, abuse or alteration. It is not a defect if the problem is the result of an accident that occurred after the car was turned over to the buyer.
If the car does have a defect as defined by the Alabama lemon law and the buyer returns the car while under warranty the manufacturer or the manufacturer’s agent, normally the dealer, there is an obligation on their part to repair the vehicle. This is true as long as the owner gave notice to the dealer or manufacturer that there is a possible defect within the first 12 months after the car was delivered or 12 thousand miles. If this happens the repairs can take place anytime within the first two years or 24 thousand miles.
If the car has been in for the same repair three or more times, one of which was while the warranty was still in force or the car has been out of service for 30 total days it can reasonably be considered a lemon. The manufacturer can either replace the car or buy it back at the price first paid.
If the manufacturer attempts to dodge responsibility under the terms of the Alabama lemon law you have recourse. You are invited to contact Krohn & Moss Consumer Law Center and ask for a free review of your case.
