ArcaMax

It’s still ok to change your own oil and filter – or to do other service work – but for lemon law purposes, you must be able to produce proof that you did, in fact, change the oil and filter as per the factory time/mileage interval – and with the correct weight and American Petroleum Institute (API) service specification (e.g., API specification SE, CD; 5W-15) oil and an Original Equipment Manufacturer (OEM) or equivalent “approved” brand of oil filter – not a generic or unapproved “off-brand” part.

That means keeping receipts for everything you buy (with dates stamped on them) and a log book of the dates/mileage readings when you performed the work. If you can’t produce such records – or use generic brand parts not specifically approved by the manufacturer – you could be left holding the bag should a problem arise. The above is true as regards any home maintenance performed on the vehicle.

The moment you suspect you have a lemon on your hands – unusual, recurrent problems, peeling/fading paint, leaks, “unfixable” electrical problems, premature failure of major components; constantly having to bring the car back to the shop, etc. – it’s a good idea to consult with an attorney who specializes in this type of consumer law. Most will not charge you for an initial consultation to determine whether you, in fact, have a valid cause of action.

Don’t “learn to live with” a balky, unreliable car – or accept BS from the dealer that it’s “normal” (as an example) for a car to need a new transmission at 12,000 miles.

Remember: If there is in fact a defect with a component such as a transmission, it may (and probably will) recur – even if a “new” unit is installed. The design/materials of the part itself could be flawed – and the “new” transmission (or whatever) may not last much longer than the first one. And once the warranty period (or lemon law coverage “window”) has expired, you could be out of luck – even if you’re on your third transmission in less than 40,000 miles.

If you do have a solid case, you and your lawyer should be able to get the dealer/manufacturer to either buy back the lemon (less an “adjustment” for the mileage on it), or replace it with another vehicle of equivalent value – if that’s acceptable to you.

Sometimes, the dealer will offer “unlimited free service” for the life of the car – or something along those lines – instead of a buy-back or replacement offer.

But it’s up to you whether the “free” service will compensate you for the hassle of owning a car you can’t trust.

For a state by state listing of lemon laws and their provisions, see www.123car.com/lemon/lemonbystate.html or www.lemonlawamerica.com.

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www.ericpetersautos.com or EPeters952@aol.com for comments.