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Q- What is the Lemon Law?
A- "Lemon Laws" are consumer protection laws created by the 51 state legislatures designed to give consumers remedies against manufacturers for breach
of warranties on automobiles (and other types of vehicles)
Q- How do I know if my car qualifies as a "lemon"?
A- Most states have laws that provide consumers protection
against automobile manufacturers in car purchases. These laws vary from state to
state but generally provide a specific or "reasonable" number of repair attempts
(usually 4) or days that the vehicle was out of service (usually 30 days) for defects that
substantially impair the safety, value or use of an automobile. Some state laws have special
provisions for dangerous defects. There is a common misconception that all repair attempts
and or days out of service must occur within the specified period by law or service days must
be consecutive days rather than cumulative. It is best to consult with an experienced lemon law attorney
in this highly specialized area of law who is licensed in your particular state
and who can explain what impairments qualify and how many visits or days are required under your state law(s).
Choose your state for Lemon Law attorney list and state law:
Federal Laws
• Magnuson-Moss Warranty Act
• Uniform Commercial Code
Q- Do Lemon Laws cover used or leased automobiles?
A- Depending on state law, Lemon Laws may provide protection
for purchasers of used vehicles (when covered by an original factory warranty) or leased vehicles.
Consumers may have other legal rights under service contracts but should consult with an
experienced lemon law attorney for more information.
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Q- Do Lemon Laws apply to other types of vehicles?
A- Not always. Depending on the state, Lemon Laws may also
apply to Sport Utility Vehicles (SUV’s), Recreational Vehicles (RV’s), vans, trucks, motorcycles
and a variety of consumer goods that include a manufacture’s warranty. Generally, laws can
restrict this type of protection to those goods used primarily for personal, family or household use.
Q- Are there other laws that protect consumers?
A- Many states provide consumer protection laws covering
odometer fraud, dealers, manufacturers misrepresentations, or breech of warranty claims.
In addition to state laws, federal laws like the Magnusson-Moss Act
and Uniform Commercial Code may grant protection. It is best to consult
with an experienced lemon law attorney to see how state and federal laws
interact and if they apply to the facts of a particular situation.
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Q- What do I do if I think that I have a lemon?
A- It is always a good idea to consult with an
attorney
who has expertise in the practice of Consumer Law applying
to automobiles. Lemon Law Office’s click-able map of the U.S. links to attorneys who have been
carefully selected to provide expertise in highly specialized area of consumer law, specifically breach of warranty claims.
Q- How do I know what my automobile warranty covers?
A- Most automobile manufacturers publish their warranties
in the back of their owner’s manuals. Consult your manual for details. There may be an
extended warranty purchased at time of sale providing additional protection. (See Tips
on Extended
Warranties)
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Q- How can I get completely free legal representation?
A- Most state consumer protection statutes provide for
the recovery of reasonable attorney’s fees directly from losing defendants when consumers
prevail. Federal Warranty Law can similarly provide for attorney’s fees for successful
consumers. Winning results mean that consumers pay nothing and can locate competent attorneys
who believe their case has merit(s).
Large retainer fees in advance are uncommon. However, some attorneys charge clients the
up-front costs associated with litigation. These costs can include the cost of filing
court documents and other costs related to the process of litigation like investigations
and expert fees. It is best to ask an attorney about his/her policies
before hiring.
Q- What information will I need if I hire an attorney?
A- It is a good idea to gather all records having to do with
your automobile purchase/lease including the following:
- Retail Sales Installment Contact (RSIC)
- Loan documentation
- All repair invoices
- Technical Service Bulletins (TSB’s) you may have received by mail
- Written correspondence sent/received to/from manufacturer or dealer
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Q- If my car turns out to be a lemon, what can I expect to recover?
A- Depending on state law consumers can recover a full refund
of their money (sometimes less a mileage deduction) or a replacement vehicle of equal value.
In some states the law provides for the consumer’s choice between the two but it is best to consult
with an experienced lemon law attorney as to potential remedies under state and federal law.
Q- How long can it take to recover?
A- This depends on whether an attorney can settle the case
without going to court, which may be as little as 60 days. If a case goes to court, it can take
an extended period of time to receive a date from the court, depending on their backlog in your jurisdiction. An experienced lemon law attorney may be able to provide
an estimate of the time it takes to recover.
Many consumers become frustrated with the process by trading in their vehicles early, which may
result in forfeiting their rights. It is best to consult an experienced lemon law attorney
before making decisions which may impact the outcome of a case or impair legal rights.
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Q- What can I do to help my "dilemon"?
- It is important for consumers to insist on receiving a repair ticket for each service trip and
stay organized! Keep this information in a file that can be easily located. Attorneys often use
this information to prove vehicle defects, repair visits to dealer and other important information.
If a dealership refuses to give consumers repair invoices, attorneys can subpoena them under court
order. Some state Lemon Laws require dealers to provide repair invoices for each service.
- Your attorney may ask that you not discuss your case with anyone outside his/her office. This is good advice, since you could say something to someone else that could adversely effect your best interests.
- Consult with an experienced lemon law attorney before trading in a vehicle
or speaking with a manufacturer to settle a claim.
- Consult with an experienced lemon law attorney before having an outside repair shop perform repairs that
may be covered under warranty. Sometimes automobile manufacturers may claim repairs were inadequately
performed, thereby voiding warranty coverage.
- Take your vehicle to the dealership every time it needs service! Although inconvenient and
often a source of consumer frustration attorneys use this information to build a record, especially
when a minimum amount of visits or days out of service may be required under law.
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