So, you bought a lemon

By Judi Hasson

It's no secret that some new vehicles come off the assembly line with defects. Most are fixed quickly. Some aren't.

The word "lemon" probably will cross your lips long before the vehicle is actually a candidate for a manufacturer buyback, though. Strange rattles, a faulty interior light, a malfunctioning compact-disc player or a balky heater don't add up to a lemon.

But if the brakes don't work as they should, the car won't start when the temperature dips, the accelerator pedal repeatedly sticks, the reverse gear malfunctions or the car has no power to reach highway speeds, you may have a case if the problem can't be fixed.

An estimated 100,000 cars, trucks and SUVs eventually are bought back by manufacturers every year, but the process isn't quick or easy.

Every state and the District of Columbia have lemon laws that establish standards for when vehicles should be repurchased or replaced by the manufacturer. (You'll find a state-by-state list of lemon laws here.) The details vary, but there are some basic principles.

What makes a lemon?

• A persistent defect that substantially impairs a vehicle's use, value or safety.

• A substantial defect cannot be fixed in four attempts or in two tries for a safety defect during the warranty period.

• The car has been in the shop for 30 days or more, and the dealer cannot fix it.

Got that lemony feeling?

To have a chance at success, you must give the manufacturer or dealer a reasonable chance of repairing the vehicle. And it must still be under warranty. Even if you buy a car from a private party, it is covered by state lemon laws if it is still under warranty.

"The manufacturer is on the hook for the life of the warranty if it changes hands," says California lemon lawyer Mark Anderson. But you're on your own if you don't have a warranty, he says.

Be sure to check the details of your state's lemon law, since every state has different provisions, including how many times the same problem must be unsuccessfully repaired to qualify a car as a lemon.

Some companies make the process difficult, and others maintain they try to respond positively when they get a real lemon.

"I have not run into a case yet where someone had to go get a lawyer," says Ford Motor spokesman Dan Jarvis.

One of the reasons, he said, is that Ford wants the lemon owner to want another Ford vehicle next time. "I would like for them to remember this experience," Jarvis said.

• Video: Should you buy or lease a car?

Jarvis said that if a car has been in the shop for 30 days and the repairs are not successful, "we generally would think about replacing that vehicle," Jarvis says.

Hang on to all the paperwork

Experts advise you to send notice to the manufacturer by a certified, return-receipt letter. Make sure you document any problems and the attempts to get them fixed. Start taking notes as soon as you believe something is wrong, and hang on to the repair bills. Keep track of whom you talked to and the dates and times of those discussions. Put your complaints in writing and save copies of everything.

Continued: Should you get a lawyer?

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