Lemon Law

You never thought it would happen to you. And for good reason. Buying a lemon is a rare occurrence, and nothing short of a headache. Yet it occurs often enough that the state has created a Lemon Law to protect consumers against the burden of purchasing a new vehicle that is so flawed that neither the manufacturer nor its agents and authorized dealers can repair it after a reasonable number of attempts.

Plainly stated, if the defective vehicle bears enough flaws affecting its market value or its performance, according to this law, its manufacturer must either replace the new vehicle or refund your money.

The specifics of the Lemon Law are designed to keep the consumer's best interest in mind. Although the trouble you have already endured may have cost you valuable time, you should not lose any money on the deal.

For example, you do not have to accept a replacement vehicle if you'd rather just start from scratch. The dealer should refund your money (and that of the lienholder) in full, including any dollars associated with a trade-in, but not to exceed 105% of the manufacturer's suggested retail price.

This covers any after-market options or modifications that were added or arranged by the agent of the manufacturer or its authorized dealer within 30 days of the date you drove the vehicle off the lot.

Furthermore, the law requires the manufacturer to reimburse you for all other expenses incurred such as sales or excise tax, license fees, registration fees, towing and rental costs due to you being out of a vehicle while it was in for repair under warranty.

The manufacturer must also provide an itemized statement that details each and every cost being refunded. Should the manufacturer not separate out and refund the sales or excise tax, or should it neglect to apply for a tax refund within one year of the vehicle's return, the state tax commission may refund the tax.

To learn more about the specifics of the Lemon Law online, read Title 48 Monopolies and Trade Practices, Chapter 9. This Idaho Statute covers what the state describes as "new motor vehicle warranties and the manufacturer's duty to repair, replace, or refund." The legal-speak clearly spells out your rights as a consumer and the responsibility of the manufacturer in resolving "lemony" matters.

The Idaho Attorney General's office also offers a 15-page pamphlet online that discusses your rights under the Lemon Law.

If you feel it's necessary to file a complaint, call the Better Business Bureau's (BBB) Auto Line at (800) 955-5100. You may also consider hiring an attorney to represent your interests.