Frequently Asked Questions About Lemon Law

The Lemon law allows consumers to recover a refund, replacement vehicle or cash compensation for their defective vehicles and other products. The law covers new and used cars, trucks, motorcycles, and motorhomes’ chassis cabs and drivetrains. Your new or used car must have multiple problems and a reasonable number of repair attempts within 18,000 miles or two years (whichever occurs first). For more information on whether you’re eligible, visit our specific state page.

Do I Have to Hire an Attorney?

Many consumers have a lot of money invested in their new vehicles. As such, they deserve a car that will keep them safe and on the road for years. If a vehicle does not meet expectations, it may be time to contact a lemon law lawyer. Depending on the state, several factors determine whether an automobile is a lemon, but generally speaking, manufacturers must try a fair number of times to fix the problem. In addition, the deficiency must significantly impair the vehicle’s use or value. Some states have additional requirements, such as minimum days out of service or a minimum mileage threshold. No matter how a car is obtained, lemon rules apply to new and secondhand automobiles. In addition, leased vehicles are also covered under these statutes. However, in some cases, a lease agreement may specify that “excess wear and tear” is not eligible for the protection of the law. As a result, consumers need to review their contracts carefully.

What Are My Rights Under the Lemon Law?

A brand-new car is an investment, so finding out it has flaws might be disastrous. Thankfully, lemon law FAQ’s discussed how the state has lemon laws protecting consumers from these problems. These laws give car buyers the right to receive a full refund or a replacement car from the manufacturer if the vehicle cannot be fixed after a reasonable number of attempts. The law also requires that manufacturers compensate consumers who choose to have their car repurchased with a comparable new vehicle, including the down payment, net trade-in allowance and, if the vehicle was financed, the balance on any car loan. The manufacturer may offset this amount by the amount of time and mileage on the car and may withhold an amount for any damage not attributable to normal wear and tear. Keep thorough maintenance logs to file a lemon law claim. These details can help your lemon law attorney build a strong case on your behalf and increase the likelihood that your dispute will resolve in your favor.

What Are the Fees in a Lemon Law Claim?

New York lemon laws protect vehicle buyers from purchasing defective vehicles, known as “lemons.” The car must have a serious flaw or issue significantly reducing its value and usage to be eligible for a new lemon law claim. In addition, the defective vehicle must be reported to a dealership within the warranty period and require more than a reasonable number of repair attempts or days out of service. Consumers who pursue a lemon law case are entitled to a refund or replacement of their defective vehicle. Manufacturers must usually provide a comparable vehicle, including manufacturer-added options and service contracts.

A qualified lemon law attorney can help consumers protect their rights to a fair settlement. An experienced attorney can also protect consumers against inflated attorney fees. The hourly rate for a lemon law lawyer can range from $400 to $600 per hour. Some attorneys will ask for a small portion of the recovery they get from the auto manufacturer. When choosing a lemon law firm, avoid national firms that advertise themselves as lemon law mills, as they charge high fees and often have low client satisfaction.

What Are the Steps in a Lemon Law Claim?

Notifying the manufacturer or dealer of the issue is the first step in making a lemon law claim. Then, if the manufacturer has a certified dispute program, the consumer must participate in that procedure before suing. If the consumer successfully resolves a lemon law case, they may receive a refund, replacement vehicle or cash settlement. A lemon law attorney may guide clients through the procedure and defend their legal rights.

To initiate a lemon law arbitration proceeding, the consumer must apply. The Attorney General’s office will review the application, and an arbitrator will be appointed to hear the case. The consumer also has a right to an oral hearing before the arbitrator. Refrain from letting misinformation from your dealer or repair shop deter you from pursuing your legal rights under strong lemon laws and the Magnuson-Moss Warranty Act. You could recover the money you invested in your car or truck plus attorney fees if you successfully resolve your lemon law case. A lemon law attorney can review your documentation and advise you on a course that best suits your needs.