In the US, lemon laws shield customers from faulty cars and require them to pay damages, and the Magnuson-Moss Warranty Act guarantees manufacturer recalls for major problems.
The lemon law in Alabama offers protection to consumers who fall into two groups: those who buy a new or previously untitled car that is used mostly for home or personal use, or anybody else who has the right to enforce the warranty on the car. For additional details, continue reading.
What Is a Lemon?
The term “lemon” refers to a consumer automobile that has a fault that doesn’t go away even after several attempts at repairs, and it may have originated from a Volkswagen commercial from the 1960s that referred to sour citrus fruits.
Alabama Lemon Law (Ala. Code 8-20A-1 to 8-20A-6) (Motor Vehicle Lemon Law Rights)
- Ala. Code 8-20A-1. Definitions
- Ala. Code 8-20A-2. Obligations of Manufacturer
- Ala. Code 8-20A-3. Cause of Action Against Manufacturer
- Ala. Code 8-20A-4. Resale of Returned Motor Vehicle
- Ala. Code 8-20A-5. No Dealership Liability
- Ala. Code 8-20A-6. Statute of Limitations
Alabama Lemon Law Statutes. Ala. Code 8-20A-1. Definitions
The following terminology shall have the following meanings as used in this chapter, as indicated:
#1. Consumer:
Any individual who buys a new or previously untitled car that is used primarily for personal, family, or home purposes and is not selling it, as well as anybody else who is permitted by the conditions of the warranty to enforce its responsibilities.
#2. The term
“motor vehicle” refers to any self-propelled vehicle that is primarily intended for use and operation on public highways; however, it does not include motor homes or any other type of vehicle with a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds or more.
#3. Manufacturer:
An individual, business, or organization that is involved in the production, importation, and/or distribution of automobiles for retail sale to auto dealers.
#4. A motor vehicle dealer, also known as an authorized dealer, is an individual, company, or corporation that regularly engages in the purchase, sale, or exchange of motor vehicles in this state and has a fixed place of business there. They operate under a dealer agreement from a manufacturer, importer, or distributor.
#5. Express warranty:
A written warranty, duly signed by the manufacturer of a new car, that includes any terms or conditions before the enforcement of the warranty’s responsibilities.
#6. Nonconforming condition:
Any state of a car that does not meet the requirements of any explicit warranty that the manufacturer offers to a customer, and that includes:
- seriously reduces the motor vehicle’s utility, worth, or safety and
- According to this claim, if a car is delivered by an authorized dealer, damage to it can only result from normal use and cannot be caused by misuse, neglect, abuse, alteration, or accidents.
#7. (7) Notice of a Nonconforming Condition:
This is a written notification that needs to be sent to the manufacturer. It should include information about the motor vehicle in question, the nonconforming condition, and a history of attempts to correct the nonconforming condition, including who, what company, and when they were made.
#8. Lemon law rights period:
The year that follows the date of a car’s initial delivery to a customer or the first 12,000 miles of use, whichever comes first.
Alabama Lemon Law Right. Ala. Code 8-20A-2. Obligations of Manufacturer
#1.
As long as notification was given during the lemon law rights period, the manufacturer is required to do any necessary repairs on a newly purchased car that does not meet the warranty.
#2.
If the vehicle’s manufacturer, agent, or authorized dealer is unable to make reasonable attempts to fix or correct a nonconforming condition that first appeared during the lemon law rights period, the manufacturer may, at the consumer’s option, replace the vehicle with a comparable new vehicle or accept the vehicle’s return and reimburse the consumer for the following:
- The entire contract price, which includes nonrefundable sections of extended warranties and service contracts along with undercoating, dealer preparation and transportation fees, and installation options;
- All ancillary payments, such as sales tax, license and registration costs, and other comparable government taxes, but not only;
- Any financing fees that the customer must pay after reporting the nonconformity to the manufacturer, its representative, or an authorized dealer; and
- It is necessary to counter the consumer’s monetary recovery by increasing the entire purchase price by the number of kilometers traveled to pay incidental losses, which include alternative transportation expenditures.
KENTUCKY LEMON LAW: FILING A CLAIM
#3.
Presumably, the customer has permitted reasonable efforts to remedy a nonconforming condition if, during 24 months of the vehicle’s delivery or 24,000 miles, whichever comes first, any of the following has happened:
- The manufacturer, its representatives, or its authorized dealers have made three or more attempts to repair the same nonconforming condition, at least one of which took place during the lemon law rights period, in addition to the manufacturer’s last attempt, and the nonconforming condition persists; or
- Unless it is unavoidable owing to circumstances beyond the manufacturer’s control, such as war or natural catastrophes, the vehicle is out of service due to repair attempts made during the Lemon Law rights period for thirty days.
Alabama New Car Lemon Law, Ala. Code 8-20A-3. Cause of Action Against Manufacturer
#1. Customers who wish to pursue a civil lawsuit against a manufacturer for losses resulting from nonconforming circumstances have the option to seek repair or rectification, as well as a 14-day deadline for the manufacturer to bring the vehicle into compliance with the express guarantee. For this chapter, the following will constitute an affirmative defense to any claims made against the manufacturer:
- A purportedly nonconforming condition does not considerably compromise the motor vehicle’s functionality, market value, or safety; or
- Abuse, neglect or any customer-performed modification or alteration of a motor vehicle without manufacturer authorization results in a nonconforming condition.
#2. In addition to the remedy granted under Section 8-20A-2 above, the consumer shall be entitled to receive an additional award for reasonable attorney costs if it is found that the manufacturer has violated the responsibilities imposed under this chapter.
Alabama Automobile Lemon Law. Ala. Code 8-20A-4. Resale of Returned Motor Vehicle
A vehicle that has been returned to the manufacturer by this chapter’s provisions or another state’s comparable statute, whether as the outcome of a formal lawsuit or an informal dispute resolution process, may not be resold in this state unless:
- The manufacturer notifies the subsequent buyer in writing of the motor vehicle’s return under the terms of this chapter and the type of non-conformity with the vehicle warranty.
- When a motor vehicle’s manufacturer returns its title to the Alabama Department of Revenue, the department applies for the title in the manufacturer’s name and marks the title with the phrase “Returned to Manufacturer Due to Warranty Issue.”
COVENANT OF SEISIN: MEANING IN LAW AND TYPES
Alabama Vehicle Lemon Law, Ala. Code 8-20A-5, No Dealership Liability
This chapter does not create a right of action for consumers or hold auto dealers accountable. The provision prohibits dealers from being defendants and manufacturers from demanding payment for expenses incurred under this legislation.
Alabama Used Car Lemon Law. Ala. Code 8-20A-6. Statute of Limitations
The manufacturer can initiate legal action within three years of the vehicle’s initial delivery to the customer under this chapter.
