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Monday, October 09, 2006

Car Lemon Law 100125















The Lemon Law is a portion of the Song Beverly Consumer Warranty Act, that applies specifically to vehicles, including cars, trucks, boats, motorcycles, and motorhomes. It includes any vehicle purchased for personal, family, or household use, whether purchased or leased. Most new car warranties are for three years, or 36,000 miles, but they vary according to the manufacturer. Check your warranty book. Problems that arise within the warranty period fall within the Lemon Law.

Under the Used Car Lemon Law, a dealer is any person or business which sells or leases a used car after selling or leasing three or more used cars in the previous twelve month period. Banks or other financial institutions, except in the case of a lease, are not included. Others excluded are: a business selling a used car to its own employee; a regulated public utility which sells at public auction cars used in the ordinary course of its operations; a lessor selling a leased car to the lessee, a member of the lessee's family or the lessee's employee; and the state and local government or any of their agencies.

The Lemon Law gives consumers the chance to have their cases heard before an administrative law judge in the Office of Administrative Law. You have the right to hire an attorney. An attorney is not required for this hearing but it may be to your advantage to have one present. The Lemon Law Unit does not provide legal representation for the consumer. The manufacturer... will be represented by an attorney. If you are successful in proving your case, you will be reimbursed any reasonable attorney's fees incurred.

The Minnesota lemon law covers new motor vehicles purchased or leased in Minnesota. It ... covers used vehicles that are still under the original manufacturer's warranty. These cars must be used at least 40 percent of the time for personal, family or household purposes. (Leased vehicles are covered by the law if the lease term is longer than four months.)

The lemon law warranty may be included in the sales contract or lease or on a separate sheet of paper. If it is part of the sales contract or lease, it must be separated from the other contract provisions and headed by a conspicuous title.