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Lemon Law Lawyer

Buying a new car is an exciting process. But there are lots of processes involved in buying the perfect vehicle. Finalizing the type, brand, model, and then ascertaining the payment type are some of the processes involved in buying a car. However, the confusion does not end there. There are chances your new buy may have flaws. Most cars are covered under manufacturer warranty and can be taken back to the dealerships for repair. But what if both the dealer and manufacturer fail to fix the problem? Or the problems keep reappearing from time to time? In such a case, you may have purchased a lemon car. Thankfully, there are state laws in place that protect consumers from bearing the burden of defective cars. These laws are known as lemon laws. Lemon laws are enacted both at federal and state levels. To benefit from these laws, you should know what defect or problem qualifies for the law to be enforced in your state. Hiring a lemon law attorney can help you get through the process and aid you in getting a replacement or refund for your car.

What Is a Lemon Car?

Lemon laws vary from state to state. However, for a car to legally qualify as a lemon under the majority of the state laws, it should meet the following parameters:

The car should have a substantial defect that is covered under warranty:

Legally, a substantial defect is defined as a flaw that impairs the vehicle’s value, usage, or safety and is covered under a manufacturer’s warranty. For instance, faulty breaks or steering are considered to be substantial defects as they compromise the safety of the driver and deem the vehicle useless. Faults such as loose handles or radio door knobs do not qualify as substantial defects. With that being said, there are exceptional situations where some not-so-obvious problems have been treated as substantial defects. Horrendous smells and defective paint jobs are some of the cases that have been classified as substantial defects.

For a flaw to be considered as a substantial defect it should occur within a certain period after you have bought the vehicle or within a certain number of miles. Further, defects caused by abuse are not considered to be substantial defects.

Reasonable attempts to repair the car show no result:

Before considering your car a lemon, you should allow dealers and manufacturers to make a reasonable number of attempts to repair the vehicle. Typically, your car should meet one of the following standards to be legally considered a lemon:

  • If a serious defect that compromises safety such as defective brakes or steering persists after one repair attempt
  • Defects other than serious safety defects should remain unfixed after three to four attempts. The limit to the repair attempts varies from state to state.
  • If you have been unable to use your car due to repairs for 30 non-consecutive days in a year, it is considered to be a lemon

What Are Lemon Laws?

There is a range of laws that enable consumers to demand compensation from manufacturers. State lemon laws, however, offer the most effective way to obtain compensation for defective vehicles. Lemon laws lay down the statutes that specify when a manufacturer breaches the written warranty they offer. These statutes also comprise the provision of offering compensation for the lawyer fees if the consumers seek legal support. Lemon laws equip the customer to demand and obtain a refund or replacement of a lemon car.

Lemon Law Procedures

If your car meets your state’s lemon law requirements, you can demand a refund or replacement for your vehicle from the manufacturer. The process for demanding and obtaining relief varies from state to state. However, notifying the manufacturer about the defect is mandatory before beginning proceedings in every state. The next step in the procedure is to go through arbitration. When signing the contract with the manufacturer for buying the vehicle, you agree to mandatorily go through arbitration.

Lemon Law Arbitration

Manufacturers use several different arbitration procedures. In most cases, the manufacturer decides on the arbitration procedure. If given a choice, you should opt for a state consumer protection arbitration program over private or manufacturer’s in-house arbitration programs.

BBB Auto Line Lemon Arbitration

Some states mandate consumers to go through the BBB Auto Line dispute resolution. Run by the Better Business Bureau (BBB), is a free dispute resolution program aimed to resolve lemon law disputes. The program works with your best interests in mind and will guide you at each step of the process. It will guide you in the document collection, negotiating settlements, and navigating through the arbitration process.

Going into the process with substantial evidence and documentation is a must. Some documents that can help strengthen your claim are:

  • Vehicle brochures or advertisements. Manufacturers should live up to the claims they make in advertisements to sell the vehicle
  • Car service or repair records to show how often you had to park your car in the shop
  • Any and all documents showing that the dealer was given a reasonable time and attempts to fix the defect

Why Hire a Lemon Law Attorney?

Hiring a lemon law attorney can help you in the following ways:

  • A lemon law attorney knows and understands the nuances and differences in state laws. With a lemon law attorney at your side, you can analyze whether your vehicle is a lemon and build up a strong case
  • A lemon law attorney will help you in identifying and obtaining the evidence required to build a strong case.
  • With a lemon law attorney at your behest, you will not be bullied into settling for less than you deserve
  • Hiring a lemon law attorney is virtually free. It is the manufacturer who is liable to pay the attorney’s fees if you win.

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