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.