Many consumers at their wit’s end ask us about breach of warranty, fraud, and deceptive advertising claims. While these claims can be helpful, lemon laws provide unique advantages.
Manufacturers often try to convince consumers to take their claims to arbitration. However, this is a ploy that will only benefit them.
Contact a Lemon Law Attorney
A lemon law attorney understands your state’s time limits and procedures and how to obtain the best possible result from the dealer/manufacturer – whether it is a refund, replacement, or cash settlement. Additionally, the right lemon lawyer will never charge any out-of-pocket fees – as they expect to get paid by the manufacturer once the case is settled.
Lemon law in Florida, protects consumers who purchase new cars or certain defective, used vehicles. To qualify as a lemon under your state’s lemon law, you must have a severe problem with the vehicle that affects safety, value, or drivability, and the manufacturer cannot reasonably repair it within a reasonable number of attempts. In some states, you can recover if your vehicle is a rental car or motorcycle.
Manufacturers have teams of attorneys whose sole job is to fight lemon law claims and lawsuits, and they will use every legal tactic in the book to prevent you from getting compensated for your lemon vehicle or computer. A skilled lemon law attorney will help you avoid these tactics and secure the maximum compensation you are entitled to under your state’s laws.
File a Claim
If you’re struggling with a vehicle with more problems than it should, you may be dealing with a lemon. State and federal lemon laws are designed to balance the scales of justice for consumers who have purchased or leased new vehicles with chronic problems that can’t be fixed after a reasonable number of attempts by the manufacturer.
Many consumers handle their lemon law claims themselves, but you should consult a lemon lawyer if you want the best chance at winning. Experienced lemon law attorneys are experts in this area of law and have a strong track record of obtaining successful buybacks and replacement vehicles for their clients. A trustworthy attorney will charge no out-of-pocket or retainer fees and only get paid once they’ve secured your buyback or resolution.
Misconceptions about lemon law are common and can lead to unnecessary frustration for consumers. For example, some people believe you cannot have a lemon law claim if your car has more than 18,000 miles on the odometer or it’s more than 18 months past the delivery date.
These misconceptions are wrong, as both the state and federal lemon laws have a broader scope of coverage than that. Both rules also include different monetary remedies for consumers who prevail in their cases. A victorious consumer can either have their defective vehicle repurchased or replaced with a similar motor vehicle in the same class, value, and mileage range as their original purchase/lease agreement.
Negotiate with the Dealer
Many clients at their wits’ end ask us whether they should pursue breach of warranty, fraud, and deceptive advertising claims against the car manufacturer. These are excellent options – but lemon laws were created to tip the scales of justice back in the consumer’s favor.
If you have a substantial defect and the manufacturer has made a reasonable number of attempts to repair it, you qualify for lemon law protection in most states. A reasonable attorney can help you negotiate a settlement that includes a refund or replacement vehicle.
Most states require you to go through arbitration before filing a lemon law lawsuit. This is often easier and less expensive than going to court. It is also better for consumers than having a judge decide the issue.
The dealer must tell you about damage to the vehicle’s body or frame before selling it. If they fail to do so, the dealership may be subject to civil penalties.
A common trick car manufacturers use is offering you a free warranty extension or a reimbursement of a month or two’s repair bills in exchange for releasing your lemon law rights. Don’t fall for this – it is typically buried in the fine print and can significantly reduce your refund or replacement vehicle compensation under the law.
File a Lawsuit
Many states have lemon laws that require manufacturers to repurchase or replace defective consumer products (usually vehicles) after a reasonable number of repair attempts. These laws ensure that manufacturers who offer a product warranty comply with the contract’s terms. Additionally, the laws protect consumers by allowing them to recover attorney’s fees paid during legal action.
Lemon law claims typically begin with arbitration, a non-judicial out-of-court process in which a single arbitrator or panel of arbitrators analyzes both sides of the dispute to decide on what remedy you should receive. Depending upon your state, you may choose to participate in the manufacturer’s arbitration program or select a program operated by a state consumer protection agency; many experts agree that the latter option is preferable as the arbitrator is less likely to be influenced by the auto manufacturer. Your lemon law attorney will help you present your case to the arbitration panel, and they will work to get you as much compensation as possible. However, don’t be surprised if the manufacturer plays hardball and resists your efforts to reach an agreement. This is because the manufacturer has access to some of the top legal teams in the country that have built careers around fighting these claims and avoiding liability for their corporate clients.
