"Ask a Lawyer" - Lemon Law

I recently bought a truck and it has been back to the shop four times for transmission failure, and it still isn’t fixed.  Do I have a claim under the lemon law? – Mario, Jasper

Mario, the answer depends upon whether you bought the truck new or used.  If used, the Alabama Lemon Law does not apply and you probably don’t have any recourse because most used cars and trucks are sold “as is,” meaning that if the car or truck has problems, they become your problems and your responsibility when you sign the sales paperwork. Some used cars are sold with a dealer’s limited warranty such as a thirty day warranty, in which case you might have a claim under state warranty law if problems were occurring and reported during the warranty period are not fixed.

If you bought the truck brand new, and the problems occurred within 12 months or 12,000 miles, you may be able to use the Alabama Lemon Law to obtain a refund or replacement of the truck. First, if the manufacturer’s authorized dealer has been unable to repair the problem, you must report the problem in writing to the manufacturer before the expiration of a year after purchase or 12,000 miles, whichever occurs sooner, telling the manufacturer about the problem(s) and demanding that the manufacturer schedule a “final repair attempt” for a last chance to fix the problem. Send a certified letter to the warranty compliance office and enclose a copy of your service receipts with a description of the problems and the number of times the truck has been in the shop.  If the same problem has been subject to repair attempts three or more times, and the problem significantly impairs the use, safety or value of the vehicle, then you have a viable lemon law claim.  The manufacturer can be required to refund your money or replace the vehicle.

If problems occurred within the manufacturer’s warranty period but after the expiration of the first 12 months or 12,000 miles, you may not qualify for relief under the lemon law but you may still be able to seek relief under other laws that protect consumers when there has been a breach of an automotive warranty. Also, if you purchased a pre-owned but “pre-certified” truck there may be relief available under consumer protection laws other than the Lemon Law, but the manufacturer will not be required to repurchase or replace the truck.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

If you have any questions about any other legal issue, give us a call (387-7777) at Nelson, Bryan and Jones for a free consultation.