What Can A Lemon Law Attorney
Do To Help Me?
A Lemon Law Attorney in most states will consult with you at no charge and you can usually find an attorney who has experience handling Lemon Law Claims. If the Lemon Law Firm does proceed on your behalf, attorney’s fees will be paid for by the manufacturer, this is called “fee shifting”. If you pursue a claim on your own, you may spend additional time researching the Lemon Laws in your state and the Federal Lemon Law, whereas a qualified Lemon Law Lawyer already has familiarity with the Lemon Law Process and how it can work to in your favor; you could receive a cash settlement or in some cases, a new vehicle.
The manufacturer of your Lemon Car will not just roll over and give you what you want if you try to handle your Lemon Law Rights on your own, the help of a professional Lemon Law Lawyer in your state may give you the extra clout you need to fight your Lemon Situation.
In order to provide your Lemon Law Attorney with the proper documentation to ascertain the potential for a Lemon Law Claim, gather all records having to do with your automobile purchase/lease including the following:
- All Repair Orders
- Installment Contract
- Loan documents
- Technical Service Bulletins (TSB’s) you may have received by mail
- Any additional written correspondence you may have from the manufacturer or dealer.
If I Think I Have A Lemon, What Does It Take To Qualify For The Lemon Law?
Though the Lemon Laws differ slightly from state to state, the following information provides a general overview of common elements found in most State Lemon Laws.
a. Most states define a “lemon vehicle” as a vehicle that possesses or continues to possess a defect or operational condition that substantially impairs the vehicle’s use, value, or safety of the car after a reasonable number of attempts to repair the car have been made.
b. Most states require that the defect or condition is reported by the vehicle owner to the manufacturer or its authorized service representative within the first 12 - 24 months or within the first 12 - 24 thousand miles.
c. Most states use one or a combination of the following to determine when a manufacturer has had a sufficient number of attempts to repair, entitling the consumer to a refund, cash settlement or a replacement. If any of the following are met, the vehicle owner is permitted to have the manufacturer (not selling dealership) buy back or replace his or her vehicle:
- If the defect is a serious safety defect (i.e., brakes, steering, stalling engine, faulty air bags, high voltage condition resulting in vehicular fire, loss of head lights, turn signals and/or brake lights, faulty cruise control, etc.) the manufacturer is allowed one repair attempt.
- If the defect is a safety defect not involving a serious safety defect, the manufacturer is allowed 2 attempts to repair.
- For any other defect, the manufacturers are usually allowed three or four opportunities to repair.
- If the vehicle is in the repair shop for servicing for a total of 30 days in a one year period, at least one of those days occurring in the first 12 months or 12,000 miles.