Alabama Lemon Laws Details Are you familiar with the Alabama state statue Section 8-20A-2?
That is where you will find all you need to know about the Alabama Lemon
Laws. Of course this is all written in the legalese that lawyers like
to bandy about and they get paid big bucks for. One benefit of all of
this legalese is that they really do not leave anything to chance. For
instance they have a specific definition for the "consumer." This would
be "the purchaser, other than for purposes of resale, of a new or
previously untitled motor vehicle used in substantial part for
personal, family, or household purposes, and any other person entitled
by the terms of such warranty to enforce the obligations of the
warranty." Translation: the person who bought the car.
Then there is the definition of "manufacturer." This is "the person,
firm, or corporation engaged in the business of manufacturing,
importing and/or distributing motor vehicles to be made available to a
motor vehicle dealer for retail sale." Translation: the company that
made the car. Armed with those two definitions, you should have no
trouble moving forward towards making a Lemon Law claim in Alabama.
Alabama Lemon Law Qualifications In Alabama, only a car weighing in under 10,000 pounds can be
sanctioned to qualify for a refund or replacement. This means motor
homes and motorcycle are off the list. The time frame to activate the
Lemon Law is one year you took deliver on the car or the first 12,000
miles. If you discover a "nonconforming condition" then you might have
a lemon on your hands. This condition has to be proven to be the fault
of the manufacturer and not because of your own use.
Upon discovery of such a condition, you will have to officially notify
the car maker. This puts them on notice and that starts the clock
ticking for the repairs to get done. After the notice is given the
manufacturer is allowed to make reasonable attempts to fix the
solution. In Alabama, the lawyers have decreed that "reasonable
attempts" mean at least four tries. If the car still is not fixed after
that then the manufacturer is obligated to remedy the situation.
If for some reason these attempts drag on, you will have 24 months or
the first 24,000 miles to make sure it's taken care of.
Alabama Lemon Law Remedies According to the law, the car maker will have to refund you the
full contract price of what you paid for the car including any "bells
and whistles" you added onto the auto. They also have to fork over any
sales tax, registration fees, or any other charges. You also have the
option to get a replacement vehicle of the same make and model. Keep in
mind that you will be reimbursed for your out of pocket expenses while
your auto finance company will be getting back the amount of the loan.
It will be a clean slate all around.
The dealer has the right to finally fix the car and resell it but it
will have to notify any future buyer that the car was bought back under
the conditions of the lemon law.