You are protected!
Many people don't realize that they do not have to accept things the way they are, or chalk up their car troubles to "bad luck". Most people have heard of a "lemon". Since you're here, you or someone you know may have actually found one. Our goal is to educate the public to the laws that exist to protect consumers from these problems.
Just click on your state to the right, and you will be directed to state specific law and information to help you if you feel you have been the victim of a lemon.
So, what do you do if you feel you have a Lemon Law Claim?
First, check your vehicle’s warranty to determine the proper steps to take to guarantee legal recourse. Many times, you'll be able to resolve the problems with your automobile dealer. They will most likely want to remedy the situation to secure future car sales. It's normally not worth it for them to ignore a determined customer. However, if you are unable to resolve the problem with your automobile dealer, contact a lawyer for a free case evaluation. Law firms that specialize in the field of "Lemon Law" will generally take your case on at no charge to you. The legal costs will generally be paid by the manufacturer in the event of a suit or a settlement.
So What Exactly Makes a Vehicle a "Lemon?"
Most people recognize a lemon as a vehicle that is constantly in the shop for repairs, often for the same thing on more than one occasion. However, the actual Lemon Law attempts to define certain situations which entitle consumers to either their money back or to a new vehicle. Basically, any defect, or combination of defects, which is not repaired within a reasonable number of attempts or a reasonable amount of time, may entitle you to financial relief under the lemon law.
So When Can I Officially Consider My Car to be a "Lemon"?
The standards that are used by the lemon law to define defects, nonconformities, reasonable number of repair attempts etc., can be interpreted differently by different people. Laws vary from state to state, so for more information, click on your state to the right. There are also other laws which can be used to help you receive compensation in case you don't have a case for technical reasons under the Lemon Law. These include The Magnuson-Moss Warranty Act, as well as THE UNIFORM COMMERCIAL CODE
Should I Take My Car Back to the Shop Again?
That depends on the facts and circumstances of your case. The best thing to do is speak with a qualified attorney. Do not allow the condition of the vehicle to change by having any repair work done to it. If the vehicle is unsafe to drive, you may want to consider alternate modes of transportation. It's important to remember that if you want to get legal relief under the lemon law, most manufacturers will want to inspect your vehicle. You have a much better chance of winning your case if you can demonstrate the defect. If not, you may still be entitled to compensation, but your chances are reduced somewhat.
What if they Refuse to Repair?
If the dealer refuses to repair your vehicle, you may also have a claim. The manufacturers warranty requires the dealer to do repair work in most cases. If the dealer or manufacturer refuse to do the repair work, you may have a claim under the Lemon Law, Federal Warranty Law or other laws.
What Paperwork do I Need to Prove a Lemon Law Case?
The most important documents are the repair orders that you are given after your vehicle has been in for repairs. Any time you take your vehicle in to be repaired you should always make sure that all the information on these documents is correct. Make sure that all the complaints are written up exactly as you have stated them; that all of your complaints on that visit are included; that the dates are correct; that the mileage is correct; etc.
What Can I Get for Compensation in a Lemon Law Case?
Ideally, in a Lemon Law Case you would want your money back or a new car. When this happens, it is known as a “buy back” or a “repurchase.” When that occurs, the defective vehicle is returned to the manufacturer. Under a breach of warranty case, the consumer generally obtains compensation in the form of a partial refund and actually keeps the car. The vast majority of cases are settled under breach of warranty which enables the consumer to receive compensation with continued ownership of the car. In either case, all attorney fees and costs are paid by the vehicle manufacturer.
What is the Likelihood of Winning?
Over 98% of these cases are settled to the satisfaction of both parties. The manufacturer would generally rather pay a smaller amount now than risk paying a much larger amount to you later.
Do I Need a Lawyer?
Technically no, but it would be in your best interest. Being represented by the right law firm will lend credibility to your case. If you hire a lawyer that concentrates their practice around consumer law, there is a good chance that the manufacturer will already know of your law firm. If your law firm has successfully handled multiple lemon law claims, the manufacturer will know that you have someone on your side who knows what they are doing. Also, if the manufacturer knows that you have the ability to file a lawsuit, you will be treated with more respect.
What is Arbitration?
Most State's Lemon Law provides for manufacturers to set up an arbitration program. These programs receive consumer complaints and attempt to resolve legitimate ones prior to a lawsuit being filed. If the manufacturer has properly set up an arbitration program and it is certified by the Attorney General, then the consumer must go through the program before filing a complaint with the Court of Law. Not all the manufacturers have certified arbitration programs and many times the vehicle in question is not eligible for arbitration because of its age or mileage. In those cases, the consumer can file a complaint with a Court of Law without resorting to the arbitration procedure first. There is no requirement that you must go through arbitration before hiring a lawyer. Keep in mind that the consumer is not bound by the decision and can file a complaint in a court of law requesting a jury trial. This is usually your best chance for results and is certainly better handled by a lawyer. Most case are settled before the trial ever starts.