U.S. Lemon Law News

December 2006

Court Of Appeals Upholds Changes In State's Lemon Law

North Country Gazette — Chestertown, NY, USA
2006-12-14

The state's Court of Appeals has upheld important consumer protections in the New Car Lemon Law.

In a decision issued Thursday, New York State's highest court rejected a challenge by automobile manufacturers DaimlerChrysler, General Motors and Saturn to a change in Lemon Law policy implemented by the Attorney General's office in 2003. The new policy allows arbitrators to rule in favor of the consumer if the consumer proves that a defect in a vehicle was not repaired after four attempts. Prior to this change, consumers were required to prove that the condition continued to exist at the time of the arbitration hearing.

The AG's decision to modify the Lemon Law program was based upon court rulings in New York and in other states with comparable Lemon Laws.

The decision upheld lower court decisions dismissing the manufacturers' challenge to the new procedures.

Advocates want beefier lemon law

Concord Monitor — Concord, NH, USA
2006-12-26

Some lawmakers and members of the retail automobile industry say the state's "lemon law" needs to be re-examined.

New Hampshire law considers a new motor vehicle a lemon if it has a mechanical or safety defect that cannot be repaired by manufacturer warranties. If a majority of the state Motor Vehicle Arbitration Board deems a vehicle a lemon, it orders the manufacturer to either buy it back or trade it for another vehicle of equal value.

But the law doesn't apply to any vehicle weighing more than 9,000 pounds. That's where Donald Harvard of Strafford ran into trouble.

Harvard bought a $26,000 Chevrolet 2500HD pickup truck in 2003 from a Concord-area dealership to use in his carpentry business. Since then, he has spent thousands of dollars to replace the front end twice, deal with malfunctioning gears and fix handling problems stemming from loose bolts on the transfer case, which distributes the vehicle's power.

"I don't make a lot of money. I'm just a carpenter. But the truck is my livelihood," Harvard said.

After calling the state Consumer Protection Bureau, he learned that his truck didn't fall under the lemon law because it is rated at 9,200 pounds.

Katie Daley, a spokeswoman with the state Department of Motor Vehicles in Concord, said people who own noncommercial vehicles rated for more than 9,000 pounds have some options, though limited, if they believe they bought a lemon.

"They either have to fight it out with the dealership or perhaps even file a civil claim depending on the defect," she said.

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