
When it comes to the typical lemon law claims process, the focus is on a vehicle having a substantial defect that affects use, safety or value. Working with a lemon law attorney can help people pursue their claims, including reviewing all documentation of repair attempts (usually three in most cases) and all communications with the dealer that show that the vehicle owner has attempted to get the manufacturer to repair the problem.
If the vehicle isn’t fixed by the manufacturer, then a lemon law claim can be pursued. That will depend on a variety of factors best reviewed and handled by an experienced, expert lemon law attorney. The attorney knows all the intricacies of state lemon laws. They also know how to deal with manufacturers, who may delay or try to avoid paying vehicle owners the compensation they deserve.
Often, vehicle owners will want to know how trade-ins and lemon law claims impact each other. Car loan questions also come up, and again, an attorney will be the best guide in these situations.
What About Trade-Ins and Lemon Law Claims?
In a standard lemon law claim scenario, people will work with an attorney to file a claim to get a manufacturer to replace the vehicle or provide a refund. But you sometimes need to do what best fits your situation. You might be in a bind to get a new vehicle and want to trade the problematic car in to get whatever you can for it. Maybe you are already pursuing a lemon law claim, or maybe you don’t know anything about your legal rights and are just fed up with your troublesome vehicle. You just want to get rid of it, so you decide to trade it in. Here are some scenarios that can occur should you decide to do that.
Vehicle Trade-in: How it Can Affect Lemon Law Claim Compensation
It can be the best financial outcome for you to not trade the vehicle in and instead get a refund or replacement from the manufacturer. Not everyone can or wants to wait to do that (the claim process can take up to four months, sometimes more), and if you’re up against it and cannot wait until your lemon law case is resolved, you can still try and trade in the vehicle.
For more information on arbitration and other frequently asked lemon law claim questions, click here.
Please note: By trading in a problematic car, you run the risk of getting a low price for it, giving you not enough to put towards the new vehicle you want to buy. It can also potentially weaken your lemon law claim (your attorney can advise you about that possibility).
We encourage you to seek legal representation and pursue a lemon law claim, and if you can wait for your settlement with the manufacturer, you have the best opportunity for a more positive financial outcome. Need an expert lemon law attorney to review your case? Call Allen Stewart, P.C. now: 866-440-2460.
Post Trade-in: What Rights Do You Have to Monetary Compensation?
If you went ahead with a trade-in, you may regret it later because you got little for the vehicle. Or maybe you didn’t know what to do at the time; you hadn’t consulted an attorney yet and later discovered that a lemon law claim might have been the best way to handle the situation. Since you don’t own the vehicle anymore, did you miss out? Is there anything you can do to get compensation after a trade in, or are you out of luck?
Fortunately, federal law can likely help you in this scenario. Your attorney can potentially pursue a lemon law claim for monetary damages post-trade-in, using the protections afforded by the Magnuson-Moss Warranty Act. You can seek monetary damages based on the overpayment you made for the vehicle due to its problems when you originally bought it, plus other compensation, including attorney fees, inconvenience-related costs, and related incidentals (such as towing, etc.), regardless of whether you still own the vehicle.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Everyone’s situation is different, but Allen Stewart, P.C. recommends that you contact our office (866-440-2460) before you trade your car in (if possible) so we can examine all the facts of your case. We can recommend the best course of action and pursue your claim to save you time, money, and trouble.
What About My Car Loan?
Some people think you can stop paying on your car loan while you’re pursuing a lemon law claim. That isn’t true. It’s important to keep up on your payments throughout the legal process. Neglecting your payments will jeopardize your claim because the vehicle can be repossessed. Also, your credit score can be negatively affected. It’s important to work with an experienced attorney on your case to give you the best opportunity for an accelerated resolution.
Why an Attorney’s Guidance is Essential
You may wonder how exactly a lemon law attorney can make a difference in your case’s outcome. Timing and building a strong case are two crucial elements where our attorneys can help you. Allen Stewart, P.C., will guide you as you gather all your documentation and service records for your claim. Then, as we build your case, you’ll benefit again as our attorneys expertly negotiate on your behalf with manufacturers for a refund or replacement vehicle. Should it be necessary, we will represent you in court to win your case, although many lemon law cases settle out of court. We are prepared to do whatever it takes to get you a positive resolution to your claim.
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Each lemon law case is unique, but the basic components of pursuing a claim will follow your state’s lemon laws and the federal protections provided by the Magnuson-Moss Warranty Act. Between the complexities involved with all of the documentation of repair attempts, timing of claims, and determinations of what kind of claim to pursue (refund or replacement), your best course of action is to have a lemon law attorney represent you to protect your rights. Add to these points a potential trade-in scenario (should you desire that), and the benefits of working with an attorney are significant.
As you can see, legal expertise in all of these matters can benefit you, but you may still have questions. If you need more information and still wonder if you need a lawyer, we encourage you to visit our Lemon Law FAQ page.
Trust Allen Stewart, P.C. for Experienced Lemon Law Representation
Allen Stewart, P.C. offers years of experience in all lemon law matters, including those involving trade-ins and financing. Our attorneys are effective and aggressive, ensuring you have the best opportunity to win compensation. We have won compensation as top lemon law attorneys in Texas and many other states. Should a trade-in scenario be involved, we will advise you so you have the best chance to also pursue monetary damages via a lemon law claim.
Lemon law cases can be more complex than they may seem at first. That’s why we encourage you to contact Allen Stewart, P.C., and have our attorneys review your claim. Don’t wait. Lemon law claims are time-sensitive and include rules that need to be followed exactly so you can get the compensation you are rightly owed.
Even a small error, like not being aware of various rules for filing your claim, can affect the outcome of your case. Don’t leave anything to chance. Call Allen Stewart, P.C. to schedule a consultation: 866-440-2460. You can also contact us online.