It is a dud, and you want some relief. How do you have your car declared a lemon under the Alabama Lemon Law?
It is harder than you may expect to have your car declared a lemon. First of all, it has to be a relatively new car. You have to report the defect either within one year or 24-thousand miles on the car, whichever is less. So you have to notice the defect and report it to the manufacturer as soon as possible.
In Alabama, your car may qualify as a lemon if:
- The vehicle has been out of service for at least 30 days and in the possession of the manufacturer or authorized dealer,
- There have been 3 or more unsuccessful attempts by the manufacturer to repair the vehicle, and
- The vehicle is 2-years old or less, or has less than 24-thousand miles on it.
This is the remedy for a non-conforming vehicle, which means the vehicle is not living up to the express warranties that the manufacturers have given. If you tried to get the car repaired three times and it has been out of service for 30 days or more, then it is presumed to be non-conforming,
What this means is that if you can show it is presumed to be non-conforming, then the manufacturer is required to give you a car comparable to the one you have, or they have to pay you back the contract price that you paid for the vehicle, plus other incidental expense, such as title and registration fees. It is your choice as to whether you want another car or you want the money.
Proving your car to be a lemon is tougher than you may think. Manufacturers will use such defenses as to say the defect is due to your own negligence, or due to your failure to maintain the car properly. They may also acknowledge the defect, but assert that it does not impair the safety or the value of the vehicle.
Lemon laws were created to offer buyers a way to obtain a refund or replacement for a defective vehicle. If you think you have a lemon, and you aren’t getting any satisfaction, you can find a local attorney in our Legal Directory to help you with your case.