Lemon Law Lawyers

A car found by a recent purchaser to be of poor quality is popularly known as a “lemon.” A “lemon law” is a State law that compensates purchasers if it appears that the car in question was represented as being more roadworthy that it actually was.  A lemon law attorney should understand the law in question and the way automobile dealerships operate.

WHAT IS A LEMON LAW Attorney?

A lemon law lawyer handles legal cases that help prevent consumers from falling victim to defects in an automobile. Lemon law lawyers also know which vehicles are eligible and ineligible. Lemon law attorneys should be consulted if your vehicle is showing signs of being a lemon. Lemon law lawyers handle all aspects of automobiles which are still under manufacturers warranty when they are defective and for which you should be compensated for.

FACTS ABOUT LEMON LAW

Lemon law lawyers deal with the legal bureaucracy of lemon law regulations. Lemon law attorneys are needed for consumers who have purchased a defect or a “lemon” from an owner or dealership. A lemon law lawyer should be contacted as soon as you feel you are a victim of a so-called lemon. Though it might seem costly to hire a lemon law lawyer, for professional legal advice, it is a good idea to do so.

Choosing a Lemon Attorney

Are you in a legal jam-pack of a lemon vehicle? If yes, then, the best person you can have on your side is a qualified and professional lemon attorney. Lemon attorney will help you with the legalities and complexities of lemon law. Your lemon attorney will also do the work of a detective for you, as he will gather the history of your car from its manufacturing date till the time when the defect first arose.

You will know the importance of a lemon attorney by and by. As you will notice how vital a role your lemon attorney will play in winning or losing the case. Your choice of a lemon lawyer should be made keeping in mind his or her track record and experience. Whether you win or lose, you have to pay the fees of your lemon lawyer, so make sure you make a smart choice of your lemon lawyer.

You can only choose a lemon attorney who had completed his or her education from your state. As only such a lemon lawyer can represent you. Some other major things you must keep in mind when choosing a lemon attorney are:

Location

You must hire a lemon attorney, located in the state where you are filing your lemon law claim. S/he must be licensed to offer his/her services in that state. If an attorney is not located in the same state, then s/he will face difficulties in representing you. S/he cannot effectively work if s/he has to travel long distances to appear in the court.

Meeting

As the saying goes you should not hide anything from your doctor and lawyer. So your lawyer should be a person you can trust completely. Meet your lemon attorney personally before you hire him or her. Don’t hurry into choosing a lemon lawyer you are not comfortable dealing with. Be wary of the lemon law firms that do not allow their clients to meet their lemon attorneys who are going to represent them in the court.

Number of Attorneys

Another thing which you should take into account is the number of attorneys working with that company and their strengths. Don’t be too impressed by a huge team. Instead, ask how many of them can handle lemon law cases? If you think your case will have lengthy proceedings, you must make sure that there is another lemon attorney who can take over the proceedings in case the first one leaves the job or gets sick.

Experience

Experience, like every other field, is also important when it comes to choosing a lemon lawyer. For choosing an ideal lemon attorney, you must conduct thorough research and choose a lawyer with a number of years’ experience in this field. Your lawyer should also have command over that state’s lemon laws in which you are residing. Remember a lemon law case is very complex and a new lawyer can not handle it. Therefore always choose an experienced lemon attorney. Be aware of the terms “experts” or “specialists” because many new law firms use these terms to attract people.

Reputation

After the experience, the reputation of that lemon lawyer is the other most important thing which you should take in account before you hire him or her. You should ask around about the reputation of that lemon attorney. A lawyer’s track record will help you in determining the reputation and work quality of that lawyer. Another potent way of checking the reputation of the lemon attorney, you are going to hire, is by asking someone who had availed the services of that lawyer.

Cost

Search around and compare the fees of different lemon attorneys. Choose one that you can afford easily.

If you will keep the above-mentioned things in mind, you are sure to make a wise choice of a lemon attorney.

Dos and Don’ts of Filing a Lemon Law Claim

Buying a car is a painstaking process which involves huge investments and hard slog. More botheration add up if you end up buying a lemon car. Visualize that you have applied all the precautionary measures so as to avoid buying a lemon but you still feel that you are chiseled. What you can do to get out of this unpleasant situation is to file a lemon law claim. Listed below are some dos and don’ts that you should take into account before filing a complaint.

Lemon Law Claim – Dos

  • Write a letter to the manufacturer or dealer and ask for a refund or replacement of the vehicle. In case of a claim for a refund, you must write complete amount at which you have bought the car including sales tax, finance charge, repair costs, minus a reasonable amount for mileage. If you ask for a replacement, you have the right to ask for repair costs without paying anything for mileage.
  • Try to describe your problem as briefly as you can, so that the reader directly looks at your issue.
  • In case of ignorance at manufacturer’s side, use manufacturer’s complaint arbitration program in which the panel decides how to settle down your lemon issue. You can also consult a lemon attorney if you want. Some states do not bind the arbitrator’s decision and give the consumer a right to sue. If you win, then you could get double the vehicle’s price and repair costs plus other costs and attorney fees.
  • Do include facts about the problem chronically.
  • Attach copies of the repair receipts mentioning the problem, the date and the time it took.
  • If the dealer fixed your problem the way you desired, be civil and give him a warm note of thanks. This will help you in the future and you’ll be remembered by him the next time.

Lemon Law Claim – Don’ts

  • Don’t threaten the manufacturer or dealer of a lawsuit. This will result in less cooperation from the manufacturer’s side.
  • If you think something is going wrong or your problem is not being handled properly, do not give ultimatums. Instead, ask the dealer, he’ll pass the information along on your behalf.
  • Don’t compare your car with foreign cars because every country has its own laws. So this argument won’t work.
  • Don’t always think that the dealer is trying to cheat you. If the dealer is telling you the same things about a variety of cars, don’t think that he is portraying a false picture. Because most of the cars have the same characteristics.
  • In case the dealer is unable to understand the problem you are facing. Do not get harsh and impolite. Be patient and explain the problems and its exact circumstances in which it occurred.
  • Never go to private mechanics or sellers because they don’t feel comfortable taking on other dealers’ problems.

Lemon Law – Buyer’s Responsibilities

Under lemon law, if you are the owner of a brand new or used but under warranty vehicle and facing a malfunctioning of one or many parts of the vehicle; which is impairing the value or functioning of the vehicle, you are entitled to claim repair, replacement or refund from your dealer or manufacturer of the vehicle.

But as a buyer or owner of the vehicle, where you are entitled to many rights, you also have some responsibilities. You must claim the defect within the warranty period while also notifying the manufacturer if the dealer is unable to fix the problem.  Settle your problem with the help of informal dispute program of your manufacturer that is if he is offering one. You as a buyer also have some responsibilities so as to avoid buying a lemon in the first place, those are:

  • The very first thing you should do to avoid purchasing a lemon is, execute a thorough research on the vehicles, their prices, mileage and speed.
  • Dealers always try to hide the defects and never accept their mistakes, always keep your eyes open and be smart enough to look beyond the rosy picture your dealer or manufacturer is painting.
  • You must read and understand the terms and conditions clearly. In case of any confusion, discuss it with the dealer before buying a car.
  • It’s a buyer’s responsibility to inspect the car thoroughly. If while observing you find something fishy about the car, refuse to accept the car then and there. Be cautious of dialogues like “We’ll resolve these problems at the first service.”
  • Read the manuals and service terms and also clarify the warranty terms.
  • Give a dated written note clearly describing all the problems to your dealer or manufacturer.
  • When going for a repair, be prepared for a delay in time and work. So be patient.
  • If you have a lemon car and you want to claim it under the lemon law, you must send a notice within sixty days after the express warranty ends, or within sixty days after the one-year period ends whichever occurs first.
  • The notice must contain your name, date, problem or defect, its description, number of attempts of fixing that problem, VIN, serial number, manufacturer’s name, dealer’s name, and your address and phone number.
  • It is highly recommended to hire a lemon law attorney because these dealers create numerous obstacles which will be difficult for you to figure out and face on your own.
  • Don’t delay filing your complaint with the dealer or manufacturer. Do it right away as soon as the problem occurs the very first time and take your car to the workshop.
  • If you are claiming a replacement or refund, do attach the receipts of purchase, leasing, insurance and other expenses.

Lemon Law – Manufacturer’s Responsibilities

The lemon law in each state of the US is there to stop the dealers and manufactures from providing scrap cars and ignoring complaints of the affected buyer. Where lemon law defines the rights of a buyer, it also sets standards and responsibilities for a manufacturer.

Lemon law requires the manufacturers to repair or replace a vehicle if its defects are adversely affecting the use and market of the vehicle. The manufacturer or dealer will be held responsible only if the vehicle is under warranty or if the claim is filed within one year of the purchase.

In case the defect persists to bug the owner even after a number of repair attempts by the manufacturer or dealer, the owner is entitled to replacement or refund plus attorney’s fees and other collateral costs.

The manufacturer has following responsibilities under Lemon law:

  • The manufacturer must fix any and every malfunctioning or defect in the vehicle.
  • If the dealer fails to repair the defect, the manufacturer must give the buyer a new car or pay the money back.
  • It’s the manufacturer’s responsibility to pay back the whole cost of a car along with other charges.
  • If a dealer is out of stock, the manufacturer is liable to ship that specific part for its dealer or repairing agent by the fastest means available (generally air freight) with no additional charge.
  • The dealer has the right to attempt the repairs four times before he will be required to provide replacement or refund.
  • Manufacturer or dealer is not liable to hold the car in his or her workshop for more than 30 days for repairs. In such a case the buyer can claim a new car under lemon laws.
  • If the problem has occurred by abuse, neglect, or unauthorized alterations of the vehicle, the manufacturer or dealer won’t be responsible for its rectification.
  • The manufacturer is not liable to refund if the defect is not significantly impairing the value and use of the car.
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California Lemon Law Attorneys

Lemon laws in California are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. The Law Office of Michael S. Kelly...

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Florida Lemon Law Attorneys

Lemon laws in Florida are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Seipp & Flick LLP Seipp & Flick...

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Georgia Lemon Law Attorneys

Lemon laws in Georgia are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Pendergast & Jones, P.C. The law firm,...

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Lemon Law FAQ

Frequently Asked Questions about Lemon Law Always report defects directly to the manufacturer or the dealer as soon as you discover them. One of the best favors you can do for yourself is to keep good records of your interaction with the dealership or manufacturer and keep all of your receipts.— Always get a dated...

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Louisiana Lemon Law Attorneys

Lemon laws in Louisiana are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Dalton & Associates LLC Dalton & Associates...

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Mississippi Lemon Law Attorneys

Lemon laws in Mississippi are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Butler, Snow, O'Mara, Stevens & Cannada, PLLC...

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New York Lemon Law Attorneys

Lemon laws in New York are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Law Office of Alex T. Roshuk...

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North Carolina Lemon Law Attorneys

Lemon laws in North Carolina are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Herman L. Stephens The law firm...

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Ohio Lemon Law Attorneys

Lemon laws in Ohio are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Keis / George LLP Founded in 1988,...

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Pennsylvania Lemon Law Attorneys

Lemon laws in Pennsylvania are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Power & Associates, PC Power & Associates,...

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Tennessee Lemon Law Attorneys

Lemon laws in Tennessee are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Law Office of Robin S. Kuykendall The...

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Texas Lemon Law Attorneys

Lemon laws in Texas are laws that provide protection to consumers by bounding their vehicles to fall into certain limits according to the standards of quality and performance. These laws prevent them from violating such standards. Lemon laws are not necessarily applicable to the used or leased vehicles. Lorraine Irby, P.C. Lorraine Irby, P.C. is...

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Tips for Winning Lemon Law Cases

Buying or leasing a car can be a confusing and frustrating experience, especially if that vehicle turns out to be a lemon. A lemon, or defective vehicle, has problems that substantially affect its safety, use, or value. State laws, known as "lemon laws," help people get their vehicles repaired or receive a fair refund from...

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