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Lemon Law Information
What is the ‘Lemon Law’?
Lemon Laws are consumer protection
statutes. These laws are enacted by the states to give legal
recourse to purchasers of defective automobiles. Typically,
within a short period of time after purchasing or leasing a new
automobile, if a consumer has had their vehicle repaired a
certain number of times, or if the vehicle has been out of
service for repair for a certain amount of time, then the
consumer is entitled to have the vehicle repurchased by the
manufacturer.
What do I stand to gain by asserting a claim
under the Lemon Law?
Depending upon how many repairs you have,
or how many days out of service the vehicle has been out for
repair, you may possibly be entitled to a repurchase of your
vehicle, a brand new replacement vehicle, or monetary
compensation. In those cases where you keep the vehicle and are
compensated monetarily, we can often negotiate an extended
warranty as well.
How many repairs or days out of service do I
need to establish a viable Lemon Law case?
Each state Lemon Law has different
requirements for the number of repairs or days out of service
necessary to establish a claim.
Who is the Defendant in a
Lemon Law Case?
Although you have had your vehicle repaired
at the dealership, it is actually the manufacturer of your
vehicle who is responsible under the various state Lemon Laws.
In some states which have used car lemon laws, the dealership is
the responsible party.
What is the process for asserting a Lemon Law
Claim?
The first step is to determine whether or
not you have a viable claim under your state’s Lemon Law. You
can click on the Free Case Evaluation at the bottom of this
page, or call us toll-free at 1 (877) 50-LEMON so that we can
evaluate your case.
If you have a viable case and you agree to
allow us to represent you, then our first step is to issue a
demand letter to your vehicle’s manufacturer. Most of our cases
are resolved by directly negotiating a settlement in this
manner.
If we are unable to negotiate a settlement
of your matter, then the next step may be a lawsuit or
arbitration. We will discuss these options with you, detailing
their pros and cons.
What other laws protect my rights?
Beside the various state Lemon Laws, there
is another important law that protects the rights of automobile
owners. The Magnusson Moss Warranty Act is a Federal Law that
applies broadly to most consumer goods that come with an express
warranty. This law takes into account repairs that occur
throughout the entire period of the manufacturer’s warranty.
The various state Lemon Laws, by way of comparison, often take
into account repairs that occur within the first 10,000 to
18,000 miles. In many instances where a state lemon law will
not apply because of the mileage on the vehicle when the repairs
occurred, the Magnusson Moss Warranty Act can be utilized to
obtain recourse against the manufacturer.
Additionally, there may be other state
specific laws that can be utilized under some circumstances.
Are there any time limits for bringing a
Lemon Law case?
The time limit for bringing a case under
the Lemon Law, known as the ‘statute of limitation’ varies by
state. Usually the time limit begins running on the date that
you purchase or leased your vehicle, although that can vary. As
a practical matter, it is always best to address legal issues
sooner rather than later, as evidence can be lost or grow
‘stale’ over time, and moreover, a claim brought late can give
rise to an inference that the problems with your vehicle did not
cause undue hardship at the time they were occurring.
What if my state’s
Lemon Law requires 4 repairs within the first 18,000 miles, and
I have only had 3 repairs?
You
should not assume that you do not have recourse if you are
unable to show enough repairs under your reading of the law.
First, there are other laws besides the state Lemon Laws that we
rely upon to obtain compensation for you. Second, we find that
people often misread the requirements of their state laws, or
can even be looking at an outdated statute which has been
amended. Finally, as a practical matter, even if you do not
have sufficient repairs to have your vehicle repurchased, often
times you can obtain a monetary settlement from your vehicle’s
manufacturer.
Who pays your attorney fee?
The various state Lemon Laws and other
consumer protection statutes that we utilize generally contain
‘fee-shifting provisions’ that allow us to collect an attorney
fee directly from the defendant automobile manufacturer. Thus,
we are happy to state that if you have a lemon law case, you will never be under any
obligation to pay us a dime of attorney fees out of pocket.
How do I get started?
If you believe you may have a case, and you
live within one of the states we service, we would be happy to
evaluate your case for free, with absolutely no obligation. You
can either call us toll-free at 1 (877) 50-LEMON, or you can
provide us information by clicking the “Free Case Evaluation”
button below.
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