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Car, motorcycle, RV, and boat companies know that many people with Lemon Law or breach of warranty matters do not have attorneys. They also know that consumers need legal knowledge to make statements and admissions that could hurt or cause their case to fail. Attorneys who specialize in Lemon Laws can help you avoid such mistakes. This article will explain how the process works and what you must do to qualify for a refund or replacement vehicle.
What Is a Lemon?
How does lemon law work? To qualify as a lemon under state laws, the car must have significant problems that substantially impair its use, value, or safety. This includes faulty transmissions, engine, and brake issues, acceleration defects, etc. The manufacturer must also be given a reasonable number of opportunities to repair the problem, and these repairs must occur within a specific timeframe. While the exact terms of state lemon laws vary, they all empower consumers to take legal action against manufacturers and dealerships for defective vehicles that cannot be resolved. By requiring detailed documentation of proof and allowing for an arbitration hearing, lemon law safeguards the interests of aggrieved buyers.
In most cases, submitting a lemon law claim involves going to an arbitrator, which may be a member of a public arbitration board or a private dispute resolution company. The arbitrator will review your documentation and evidence, including repair records, and determine whether to grant you a refund or a replacement vehicle. Your attorney can help you understand what you need to prove in your case. If your case is successful, your lawyer will work with the manufacturer or dealer to secure the necessary compensation. This could include a full purchase price refund or a new vehicle depending on your situation. The manufacturer or dealer must pay your attorney’s fees based on a percentage of your award.
How Does the Lemon Law Work?
The Lemon Law and the federal Magnuson-Moss Warranty Act compensate consumers for defective automobiles, trucks, motorcycles, boats, motor homes, and consumer products. To qualify for a refund, replacement, or cash compensation under these laws, the product must generally have been subject to multiple repair attempts following the manufacturer’s factory warranty. The law also prohibits manufacturers and dealers from attempting to waive or void the consumer’s rights. A lemon law attorney can help you navigate the process to receive the best possible results. To be a lemon, the problem must be severe enough to significantly impair the vehicle’s value, use, or safety. A reasonable lemon law attorney can review your case and help you gather the evidence necessary to prove your claim. In addition, any contract clause that seeks to limit a consumer’s rights is void under the law. A person may file a lemon law claim by filing an arbitration request form at the State Department of Law Lemon Law Arbitration Program website or by contacting one of the Attorney General’s regional offices. Once a request for arbitration is received, the attorney reviews it to determine whether or not it meets the requirements to be heard before an arbitrator. If the Attorney General’s office rejects the application, a reason will be provided to the consumer.
What Can I Do if I Have a Lemon?
Generally, to qualify for lemon law protection, you must have purchased the vehicle or product within your state’s warranty period and have been unable to get it repaired in a “reasonable number of attempts.” You must prove that the defects significantly reduce the vehicle’s use, value, or safety. Getting a professional inspection by a reputable mechanic is often helpful as well. If you suspect you have a lemon, the first thing to do is write a certified letter to the manufacturer and dealership manager outlining what issues you’ve been having since they started and the steps taken to fix them. Make sure you keep copies of all correspondence. Inform them that you intend to use your state’s lemon laws to seek a refund or replacement for the defective car. Most states have arbitration programs in place rather than going to court for lemon disputes. An experienced lemon law attorney can help you prepare your case for an arbitrator. With an attorney on your side, you’re more likely to receive the compensation you deserve. You must be patient if you decide to pursue a lemon law claim. Your case can take a lot of time to move through the arbitration process. However, the sooner you contact a lemon law lawyer, the better.
How Can I Get Help?
Many states and the federal government have laws, referred to as lemon laws, that provide a process for consumers to seek resolution for recurring problems with certain products. These products include vehicles, consumer goods such as appliances, and recreational items like boats and motorcycles. Usually, these laws require that the manufacturer attempt to repair the product a reasonable number of times before offering compensation to the consumer for a refund or replacement. While these laws are intended to protect consumers, pursuing a claim can still be complicated. For example, some states require that you first participate in a manufacturer-run arbitration program before suing the company for a refund or replacement.
Additionally, the law requires that you keep careful records and work with an experienced attorney to increase your chances of success. Lastly, if you have financed or leased your car, you must understand that your repurchase or replacement vehicle may be subject to your remaining auto loan terms. Fortunately, many of our clients can use their settlement funds from their lemon law claims to pay off the remainder of their auto loans, freeing them to pursue a new car without the persistent issues that plagued their previous vehicles. Would you try to handle your legal issue against a multi-billion dollar corporation that employs attorneys and is trained in Lemon Laws and breach of warranty matters?
