Area of Law:
All states, including Tennessee, have enacted lemon laws to protect consumers from purchasing a new car that does not perform according to reasonable standards of performance and quality. Therefore, if you have a lemon for a car and you live in Memphis your rights may be protected under the lemon laws of Memphis. In addition to the state of Tennessee, the federal government has enacted lemon laws as well, referred to as the Magnuson-Moss Warranty Act. This Act protects individuals of all states, and can be invoked in certain instances where the state’s laws do not adequately protect the consumer.
If you purchase a new vehicle in Memphis, the vehicle will likely come with a warranty expressing the manufacturer’s promise that the car will operate without a problem, and if an issue arises the manufacturer promises to cover the cost of the repairs. In Memphis, the lemon law Memphis protects you from defects or conditions that substantially impair the use, value, or safety of a new car. According to Tennessee law, substantially impair includes reducing the vehicle’s resale value or to render the vehicle unsafe. You are protected under the Memphis lemon law from one year from the date you received the vehicle, or the term of the manufacturer’s warranty, whichever occurs first.
Under the lemon law Memphis, if your vehicle has an issue that substantially impairs its use, you have a duty to allow the manufacturer a reasonable opportunity to repair your vehicle. Under Tennessee law, you must notify the manufacturer in writing, through certified mail. However, if the vehicle cannot be repaired after three attempts or if you have been unable to use the vehicle for 30 days total because of repairs, you can seek protection under the lemon law Memphis. Under the lemon law statute, the manufacturer must either refund the purchase price of the vehicle to you minus reasonable expenses for your use of the vehicle, or must replace the vehicle.
Depending on the terms of the manufacturer’s warranty, you may need to first submit to arbitration to resolve the dispute. Arbitration offers an alternative dispute resolution procedure and is favored by large companies because it is quicker and more affordable than traditional legal methods. However, you are not bound by the arbitrator’s decision, and you can seek traditional legal remedies if you are unhappy with the arbitrator’s recommendation. If you decide to file a lawsuit against the manufacturer and you are successful, you may be able to collect attorney fees and court costs as well.
It can be very confusing to try and decipher the terms of your car’s warranty including what repairs are covered. Therefore, consider hiring a Memphis attorney experienced in lemon law Memphis to assist you with any legal action you choose to take against the car’s manufacturer. For example, if you need help finding an attorney in Memphis, contact the Memphis Bar Association http://www.memphisbar.org/. Also, you can find additional information about the lemon law Memphis by contacting the Tennessee Department of Commerce and Insurance, Consumer Affairs Division http://tn.gov/consumer/lemon.shtml.