Lemon Law and Used Cars: Do You Have Any Legal Recourse?

So, you made a good deal on a used car. Great, you saved money; and the vehicle seemed to run well at first. Then the problems started. Pretty soon, it was in the shop more than it was in your driveway. Things went downhill from there. The thing is, you’ve heard that lemon laws protect new vehicle owners. But what about people who own used cars? What recourse is there if you own a used car that qualifies as a lemon?

You’ve heard that lemon law cases can be hard to win on your own. But then again, if you have a lemon law attorney, you could have a better chance to get the compensation you deserve. You may have seen that a lemon law attorney could pursue your claim without you paying them upfront… Is all of this true, and if so, what should you do about your used lemon vehicle?

It’s a lot to unpack, and Allen Stewart, P.C. knows this can be a trying time, wading through state laws, and wondering if federal laws help at all with used lemon cars. We will give you the information you need to find answers and perhaps have us pursue your claim (if you wish), should your case warrant such action.

Lemon Laws Vary by State

The protection available for used car purchases differs depending on your state. Some states extend their new car lemon laws to used vehicles, while others have specific used car lemon laws, or don’t cover used cars. The differences can be substantial—from the length of coverage to what constitutes a “lemon” under state law. Your lemon law attorney will examine your case and review all applicable state laws to first determine if you have a viable claim and then, if so, structure it to maximize your opportunity for compensation.

In addition to state laws, warranty considerations, and how they work with federal laws, can play a big part in how your case is pursued and the outcome.

What About Warranties?

What type of warranty did you get when you bought your used car?

Your attorney will go over its provisions with you. Some, like the manufacturer’s warranty, may still be valid on newer used cars. You can also get extended warranties that cover additional damage, and in many states, implied warranties, like merchantability and fitness for intended purpose, apply automatically.

For used-car buyers, the federal Magnuson-Moss Warranty Act can be the centerpiece of your attorney’s pursuit of your claim. That’s because it forbids misleading warranty practices and gives you legal recourse when state lemon laws fail to adequately protect you. It creates a federal framework that preserves state-level implied warranty protections when written warranties are offered.

But what exactly does the Magnuson-Moss Warranty Act provide, and can it really help you in your used car lemon claim?

 

The Magnuson-Moss Warranty Act’s Protections

The Magnuson-Moss Warranty Act stands as a cornerstone of consumer protection in America, especially for vehicle owners facing warranty disputes. Enacted in 1975, this federal legislation created a framework that balances power between consumers and manufacturers, ensuring fairness in warranty transactions.

Key Protections

• No Vague Language: Warrantors cannot use ambiguous terminology to escape their warranty obligations.
• The Act safeguards used car purchasers by requiring sellers to honor written warranties and preventing them from disclaiming implied warranties.
• Attorney Fees Recovery: Consumers who successfully pursue warranty claims can recover legal fees, making it financially feasible to fight for their rights.
• Meaningful Remedies: Beyond attorney fees, the Act ensures consumers have access to substantive remedies when dealing with defective vehicles.

The Magnuson-Moss Warranty Act transformed how warranty disputes are resolved in America. It prevents manufacturers from using technical language or legal maneuvers to avoid responsibility for their products.

If You Think You Have a Lemon Car

Your attorney will help by examining your claim versus state and federal laws to determine if your car is a lemon. These are some of the points you likely will work on together with your attorney as you navigate your claim.

• Research Applicable Laws: Review of your state’s specific lemon laws and relevant federal protections to understand all available options.
• Provide Written Notification: Formally inform the seller or manufacturer in writing about persistent issues to create an official record of your complaint.
• Documentation: Review of repair records, including exact dates, detailed problem descriptions, and copies of all work orders and invoices.
• Track All Communications: Maintain and review records of all conversations, including names, dates, and summaries of what was discussed with dealers and manufacturers.
• Analyze Warranty Coverage: Review the details of any warranties—both written and implied—that may apply to your specific situation.
• Consider Alternative Dispute Resolution: Explore manufacturer-sponsored or third-party dispute resolution programs that might resolve issues without the need for litigation.
• Potentially Go to Court if Necessary. Most cases settle out of court, but your attorney will give you the benefit of their experience should litigation be required.

Don’t worry if you aren’t clear on what some of these steps require. Your lemon law attorney will guide you through the process.

Worried that your car or truck is a lemon? Not sure what to do because it’s a used car? Call Allen Stewart, P.C. at 866-440-2460 or contact us online.

Negotiating with Manufacturers

Your lemon law attorney can help you immensely with negotiations. Many manufacturers take an attorney seriously, which can speed up your chance at a settlement. You may have tried to work things out yourself, including:

• Bringing your vehicle in multiple times to be repaired, with the same problem not getting fixed;
• Pointing out to the dealer that they have to honor the warranty, and receiving evasive answers or denials;
• Getting in touch with consumer groups attempting to get their attention to make the manufacturer honor the warranty.

These are but a few of the frustrations you’ve likely gone through. Thankfully, a lemon law attorney knows well all of these tactics that can block you from getting compensation. There’s no need to go through these hassles on your own, and Allen Stewart, P.C.’s excellent record winning lemon law cases can be your best path forward to resolving your claim.

 

Allen Stewart, P.C.: Your Best Opportunity to Win Your Lemon Law Case

So, while lemon laws usually apply to new cars, we’ve seen there are ways to pursue a claim for a used car, too. Allen Stewart, P.C., offers years of experience as leading lemon law attorneys, and we’ve won lemon law cases involving used cars in multiple states. We are successful at such cases because we not only can use your state’s lemon laws to pursue your claim, but also the federal Magnuson-Moss Warranty Act.

With all the legal backing vehicle manufacturers will bring to the table to protect their interests, it’s important you have experienced representation, too. We don’t back down from a fight, and we know the tactics manufacturers often use to deny or try to evade your claim. Our attorneys fight aggressively to ensure you have the best opportunity to win the compensation you deserve.

We can also help with electric or hybrid vehicle issues. With our free consultation, we can determine if these or any other faulty vehicles you own qualify as a lemon, then we’ll pursue your claim vigorously using state and federal law protections.

Don’t wait to contact our office. Timing and organization are vital in lemon law cases. Take advantage of our free consultation and have us examine your claim. Even if you think you don’t have a case, our consultation is free. Have us determine if your claim has merit, and if so, and you wish to move forward, we will represent you to get the compensation you are due. Don’t worry about costs, as our clients don’t pay upfront for our services, making our expertise affordable. Call Allen Stewart, P.C. today at 866-440-2460 or contact us online.