Lemon law is a legal system that requires automobile manufacturers to repurchase or replace a new vehicle with a defect after a “reasonable number of repair attempts” have been made. The criteria for a valid lemon law claim vary by state and are modeled after the federal Magnuson-Moss Warranty Act, which provides consumer protections.
A vehicle is deemed a lemon if it has one or more major flaws that the manufacturer cannot repair or replace under the conditions of the warranty. The type of defect the manufacturer cannot correct can vary widely, but it must “substantially impair” the vehicle’s reliability, value, or safety.
Many consumers need clarification about what a lemon is and how to file a claim. This article will answer some of the common lemon law FAQs.
Lemon laws are state-level consumer protection laws that give car buyers rights when their new vehicle has a defect the manufacturer cannot fix. These laws can help you get a refund or a replacement vehicle.
How can I tell if I have a lemon?
Lemons aren’t always easy to spot, but there are some common signs that you may have bought a lemon.
When buying a used car, checking the vehicle history report using a service is essential. These reports can provide information about recalls, structural damage, past repairs, and other issues.
How long do I have to file a lemon law claim?
The essential step in making a lemon law claim is to keep detailed records of all notices, repairs, and communications with the dealership or manufacturer. These records will help you prove the nature of your problem, how often the dealer or manufacturer tried to fix it, as well as the length of time the vehicle was out of service for repairs.
The time required to file a lemon law claim depends on your state.
Your car must have a substantial defect that you’ve tried to fix multiple times and hasn’t been fixed to be a lemon under state law. It must also have been out of service for at least 30 days because of those defects.
How can I find out if I qualify for a lemon law refund?
Every state has a lemon law to protect consumers from getting stuck with faulty cars. These laws mandate that manufacturers make reasonable attempts to fix the vehicle within a specific time frame.
If they don’t, the law requires them to refund your money or provide you with a comparable replacement vehicle. However, the process is different in each state.
Speaking with an attorney before filing a claim yourself is a good idea. Big nationwide lemon law firms may encourage you to take a cash settlement – usually much less than you deserve.
If your car meets the requirements of lemon law, you are entitled to a complete buyback or replacement. If you choose the “comparable replacement vehicle” option, your vehicle must be of the same year and model as your defective one. It must also have about the same number of miles on it.
How do I know if I’m qualified for a lemon law settlement?
Every state has a lemon law, a particular consumer protection law that helps you get a refund or a replacement vehicle if your new car has problems and can’t be fixed after a reasonable number of repair attempts.
Getting a lemon law settlement can be difficult, especially if you don’t have the help of an attorney. However, manufacturers are skilled in using every legal tool to fight lemon law claims and deter consumers from acting against them.
However, even when manufacturers try to take your case to arbitration, you can still go to court and have a judge decide what you should be repaid. A lawyer who has handled similar cases will know how to present your case so that you can win the full amount you are entitled.
How do I know if I’m qualified for a lemon law attorney’s fee?
Suppose you’ve encountered a severe problem with your vehicle that the dealer or manufacturer has been unable to resolve after a reasonable number of repair attempts. In that case, lemon law is a great way to get compensation. Both federal and state lemon laws allow you to receive a refund, settlement, or vehicle replacement.
However, many consumers are intimidated by the legal fees involved in lemon law cases and try to go through the process alone instead of hiring a lawyer. The problem is that this can derail your claim and prevent you from getting the compensation you deserve.
That’s why hiring a qualified lemon law attorney is essential. These lawyers know how to navigate the lemon law system and won’t take your case unless they believe they have a good chance of winning. In addition, it helps ensure you receive a fair settlement or return on your investment.