If you check out our blog, you’ll note that many of the posts are about lemon law issues that fall under the category of a “substantial defect.” That’s because lemon laws were created to protect consumers from serious defects affecting a vehicle’s use, value, or safety.
But what about cosmetic issues? Can those ever be significant enough to be considered for a lemon law claim?
Cosmetic defects usually relate to appearance rather than functionality. So, overall, a small ding, scratch, or smudge isn’t going to hold water for a lemon law claim. But in instances where a problem’s severity or persistence interferes with the vehicle’s use, value, or safety, you could have a valid case.
We’ll review a few examples of severe cosmetic defects. Not all will qualify as lemon law claims (many factors are taken into account for each claim). It’s important to consult a lemon law attorney to have your particular claim evaluated against state and federal laws.
Typical Lemon Law Case Conditions
Typically, a lemon law claim involves major problems with a vehicle (including but not limited to: engine; brakes or steering; electrical system defects). A lemon law attorney will examine evidence, your warranty, and state and federal laws to create a strategy for pursuing your claim. You will provide documentation to back up your claim. The lawyer negotiates a settlement, represents you in arbitration, or in court to get you just compensation.
What Do You Do If Your Car Has a Cosmetic Defect?
It’s important to present your claim to a lemon law attorney, even if you think it might be too minor of an issue. Depending on the severity of the problem, an attorney could prove that these cosmetic issues present threats to safety, the usability of the car, or its value.
Allen Stewart, P.C. can determine if your vehicle’s cosmetic problem could be covered under state lemon law or federal law. Call us now (866-440-2460), or contact us online.
Which Cosmetic Defects Could Trigger a Lemon Law Claim?
Your average bump or scratch likely isn’t going to be severe enough to count as a lemon law worthy defect. Every case is different. The scenarios we present below may not always be classified as lemon law claims in all states. It’s always best to defer to legal expertise from your lemon law lawyer, as there can be fine lines of distinction on some of these cosmetic defect points.
Let’s review a few examples to illustrate the kinds of cosmetic problems that could potentially lead to a lemon law claim.
Persistent Window Tinting Problems
You buy a new car, and within a few weeks, you notice the window tinting bubbling or peeling across multiple windows. You bring the car to the dealer for repairs, but despite several repair attempts, the problem reappears each time. The car’s appearance is so marred that it looks far older than it is, and you’re upset that the resale value could be reduced by this defect.
This unfixable defect may qualify for a lemon law claim, as the persistent nature may impact the vehicle’s value beyond a minor flaw.
Strong Interior Odor
Shortly after purchasing your new car, you smell a strong, unpleasant odor inside. It’s coming from the interior somewhere; perhaps from the upholstery or carpets. You try airing it out and cleaning it. The dealer attempts fixes like deodorizing or replacing materials, but the smell still exists after multiple visits. It’s so bad you dread driving the car.
Though this is a cosmetic issue tied to aesthetics and comfort, its persistence affects your use and enjoyment of the vehicle. If the dealer can’t resolve it, it might qualify for a lemon law claim, since it diminishes the car’s value and usability.
Recurrent Dashboard Issue
You’re driving your new car one day and notice a crack and warping in the dashboard. It wasn’t there when you first got the car. You take the car to the dealer, who appears to successfully replace the dash. But, within weeks, you hear a rattle and the warping starts again. It’s an eyesore every time you get in the car. Wear and tear is one thing, but the car is new. You worry that this defect will detract from the car’s resale value.
This cosmetic defect could hint at broader quality problems. There may even be safety issues that could crop up due to the rattling noise. If the problem remains unresolved, it might meet the criteria for a lemon law claim.
Image Source: Unsplash
Incurable Paint Chipping
You need a lemon law attorney who not only is skilled at protecting your rights via state lemon laws, but who also can pursue compensation using the federal Magnuson-Moss Warranty Act. Here’s a good example: You buy a new car and soon notice the paint chipping extensively across the body. You take it to the dealer for a warranty repair, but they refuse, insisting it’s normal wear and tear. The excessive chipping makes the car look old and poorly maintained.
Your lemon law attorney may be able to use the Magnuson-Moss Warranty Act to enforce the warranty, compelling the dealer to fix the paint or provide remedies like a refund or replacement vehicle. If the defect persists or the dealer’s refusal continues, it could also bolster a lemon law claim, since the issue affects the vehicle’s value.
Allen Stewart, P.C. has won many cases for clients using the federal Magnuson-Moss Warranty Act. Contact us now: Call 866-440-2460 or contact us online.
Whether your attorney uses state law or federal law (or both) to pursue your claim, you can help by keeping careful records of every defect. Note all repair attempts, and any communications with the dealer and manufacturer
How a Lemon Law Attorney Can Help You Win Your Case
As we’ve seen, lemon law claims involving cosmetic defects can get complicated. To have the best opportunity to pursue compensation, it’s recommended that you consult a lemon law attorney. Especially in these types of cases, the attorney will have the deep understanding to determine if your claim can be pursued. Plus, a good lemon law lawyer will aggressively protect your rights and ensure that manufacturers’ evasion tactics are met with a strong response. Securing maximum compensation is the specialty of a lemon law attorney. Ultimately, you may be able to recover not only a refund or a replacement vehicle, but also damages and related costs (such as legal fees and rental car fees you incurred while your vehicle was in the shop for repairs).
Allen Stewart, P.C. Offers Skilled Representation for All Lemon Law Claims
Buying a new car is exciting, but when things go wrong, you can feel frustrated and unsure of what to do next. Allen Stewart, P.C. has won many lemon law cases for clients in Texas, New York, California and across the country. We specialize in complicated cases, and encourage you to contact us with your cosmetic defect claim.
Some people wonder if they need a lawyer for their lemon law case. Be assured that the manufacturer will bring its legal team to bear to try and minimize or evade your claim. Allen Stewart, P.C. anticipates these tactics and fights for your rights. You also don’t have to worry about cost. Thanks to federal law, our clients pay nothing out of pocket, so call us now (866-440-2460) for a free consultation or contact us online.