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Repairs, Recalls, "Lemon" Laws and Secret Warranties

Sometimes a manufacturer makes a design or production mistake on a motor vehicle. A technical service bulletin notifies the dealer of the problem and how to resolve it. Because these free repairs are not publicized, they are called secret warranties.

If you have a problem with a vehicle that is a safety hazard, check whether the manufacturer has recalled your vehicle. Find information about recalls and other safety defects in the National Highway Traffic Safety Administration (NHTSA) database at http://www-odi.nhtsa.dot.gov/owners/SearchSafetyIssues, or call the Department of Transportation's (DOT's) Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153). You should report hazards that are not listed to your dealer, the manufacturer of the vehicle, and NHTSA at https://www-odi.nhtsa.dot.gov/VehicleComplaint/. If a safety-related defect exists, the maker must fix it at no cost to you — even if your warranty has expired.

"Lemon" Laws

If you have a vehicle with a unique problem that just never seems to get fixed, you may have a "lemon." If your car is declared a lemon, you will have the right to return the car for a refund. The lemon law requirements vary from state to state, but the criteria to qualify as a lemon often include these conditions:

  • The defects must occur early within the car's first year or within the first 12,000 to 15,000 miles.
  • The car must have a substantial defect on parts like the engine, transmission or steering controls.
  • You have to have given repair shops a reasonable number of attempts to fix the problem.
  • Your car must have been in a repair shop and you must have been unable to use it for a certain number of days within the year.

Contact your state or local consumer protection office to learn whether you have such protections and what steps you must take to get your problem solved. If you believe your car is a lemon, follow these steps:

  • Give the dealer a list of the problems every time you bring it in for repairs.
  • Get and keep copies of the repair orders listing the problems, the work done and the dates the car was in the shop.
  • Contact the manufacturer, as well as the dealer, to report the problem. Check your owner's manual or the directory of automotive manufacturers.

The Center for Auto Safety gathers information and complaints concerning safety defects, recalls, technical service bulletins and state lemon laws. For more information, visit http://www.autosafety.org/.

Vehicle Repairs

Follow these tips whenever you take a car to the repair shop:

  • Choose a reliable repair shop. Family, friends or an independent consumer-rating organization should be able to help you. Look for shops that display various certifications that are current. You should also check out the shop's record with your state or local consumer protection office or the Better Business Bureau (https://www.bbb.org/).
  • Describe the symptoms. Don't try to diagnose the problem.
  • Make it clear that work cannot begin until you have an estimate (in writing, preferably) and give your OK. Never sign a blank repair order. If the problem cannot be diagnosed on the spot, insist that the shop contact you for authorization once it has found the problem.
  • Ask the shop to return the old parts to you.
  • Follow the warranty instructions if a repair is covered under warranty.
  • Get all repair warranties in writing.
  • Keep copies of all paperwork.

Some states, cities and counties have special laws that deal with auto repairs. For information on the laws in your state, contact your state or local consumer protection office. View the FTC's consumer guide to auto repair at https://www.consumer.ftc.gov/articles/0211-auto-repair-basics for more information.

U.S. General Services Administration (GSA). (2016, January). Cars. In Consumer action handbook (pp. 11–12). Retrieved December 2, 2016, from https://www.usa.gov/

More about this Topics

  • Small Claims Court: Part 1

  • File a Consumer Complaint: Part 1

  • Small Claims Court: Part 2

  • Consumer Tips: After You Buy

  • Warranties

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