Tennessee’s Lemon Law: What You Need to Know
Buying a new car is a huge investment. Fortunately, the Lemon Law in TN exists to protect consumers who purchase or lease new vehicles only to discover they’re riddled with defects.
This law ensures that manufacturers are accountable for selling vehicles that don’t meet basic quality standards. But what exactly is a “lemon” under Tennessee law?
Generally, a “lemon” is a vehicle with a defect that significantly impacts its use, value, or safety. This impairment can stem from anything from safety concerns and unreliability to a drop in resale value. If you’ve bought a defective car, knowing your rights is the first step in taking action.
Navigating the legal complexities of the Lemon Law can be tricky, so seeking legal counsel is often a good idea. Let’s take a closer look at your rights as a consumer under Tennessee’s Lemon Law.
Key Provisions of the Tennessee Lemon Law
The Tennessee Lemon Law is designed to protect consumers who purchase or lease new vehicles that turn out to be lemons. Here’s a look at some of the law’s key provisions:
Eligibility Requirements
Not every vehicle qualifies under the Tennessee Lemon Law. Here are some of the requirements:
New Vehicle Requirement
The Lemon Law generally covers new vehicles that are purchased or leased with an express warranty. It generally doesn’t apply to used cars, although you may have some protection under federal warranty laws.
“Substantial Impairment” Requirement
To qualify under the Lemon Law, the defect has to “substantially impair” the use, value, or safety of the vehicle. That means the problem has to be significant enough to affect how the car functions or how much it’s worth if you tried to sell it.
Repair Attempt Requirements
The Lemon Law also lays out specific rules about how many times you have to try to get the vehicle repaired before you can make a claim.
Number of Repair Attempts
Typically, you have to take the vehicle to the repair shop at least three times for the same issue. Another way to qualify is if the vehicle is out of service for 30 days or more during the warranty period.
Notification to Manufacturer
You also have to notify the manufacturer in writing (certified mail is a good idea) about the defect and the repair attempts you’ve made. Once they receive this notice, the manufacturer has a limited amount of time (often 10 days) to make one last attempt to fix the problem.
The Lemon Law Claim Process in Tennessee
So, you think you’ve got a lemon? Here’s what the claim process looks like in Tennessee.
Initial Steps: Documentation and Notification
First things first, you’ll need to gather your documentation. Keep meticulous records of everything: repair orders, communications with the dealership or manufacturer, and any expenses you’ve incurred because of the vehicle’s defects. Think of it as building your case; the more evidence you have, the stronger your claim will be.
Next, send a formal written notification to the manufacturer. Do this via certified mail, return receipt requested, so you have proof they received it. In your notification, clearly state the nature of the defect, the repair history (referencing those detailed records you kept!), and what you want as a remedy: a replacement vehicle or a refund.
Manufacturer’s Response and Dispute Resolution
Once the manufacturer receives your notification, they typically get one last chance to fix the car. They’ll likely want to inspect it and attempt the repairs. If they fail to adequately repair the vehicle within a reasonable timeframe after this notification, you can move forward with your Lemon Law claim.
Some manufacturers offer an informal dispute settlement procedure. Keep in mind that you don’t have to accept the outcome of this procedure if it doesn’t resolve the issue to your satisfaction. It’s just one step in the process, and you can still pursue your claim further if needed.
Remedies Available Under the Tennessee Lemon Law
So, what happens if your car is a lemon? What recourse do you have?
If your vehicle meets the criteria, Tennessee law offers a couple of ways to make things right.
Vehicle Replacement
In some cases, the manufacturer may be required to take back the lemon and replace it with a comparable new car, truck, or SUV. Of course, that replacement vehicle has to be free from defects and in proper working order.
Refund of Purchase Price
As another option, the manufacturer may have to refund the full purchase price of the vehicle. That includes sales taxes, license and registration fees, and any other expenses you incurred when you bought the defective car. The idea is to put you back in the financial position you were in before you bought the lemon.
Incidental Expenses
The Lemon Law might also cover incidental expenses you had as a result of the defects. This can include towing charges, rental car fees, and other costs you had to pay because your vehicle wasn’t working properly.
How a Tennessee Lemon Law Attorney Can Help
Navigating the legal system can be confusing, especially when you’re dealing with a frustrating situation like a lemon car. A qualified Tennessee Lemon Law attorney can help you through the process and make sure your rights are protected.
Your attorney can:
- Explain the legal process and your rights.
- Help you gather evidence and prepare documents.
- Negotiate with the car manufacturer for a fair settlement.
- File a lawsuit and represent you in court, if necessary.
Also, the Magnuson-Moss Warranty Act may require the manufacturer to pay your legal fees if you win in court.
In Closing
If you think you’ve bought a lemon in Tennessee, it’s important to act quickly. Lemon Law claims have time limits, so contacting an attorney right away can help you make sure you don’t miss any deadlines and that your legal rights are protected.
If you think you have a lemon, document everything, notify the manufacturer in writing, and seek legal assistance.
The Tennessee Lemon Law offers important protections for consumers who buy or lease defective vehicles. By understanding your rights and taking action, you can protect your investment and get a fair resolution.