Most people have purchased goods with warranties. That secure feeling you get when you read a warranty is what reassures you that you have made a wise purchase (or so you hope). On the face of things, the manufacturer is bound to hold up its end of the bargain: it is supposed to provide the remedy stated in the warranty if things go wrong; i.e., your product fails to perform under the stated terms in the printed warranty you receive.
Small items often aren’t worth going through a hassle with the company to get restitution. There are many companies, however, who want to ensure customer satisfaction and will ‘make things right’ with few or no questions asked. That’s a great experience. With many defective items, usually you contact the company, and often you can handle things through customer service, get a replacement or refund on your own and move on. There can be exceptions; if it’s an expensive item or a complicated situation, you may get a consumer protection lawyer to represent you.
Lemon Law: A Subsection of Warranty Law
When it comes to buying a vehicle and dealing with its issues if it starts exhibiting problems, there’s a special type of law that applies, called lemon law. Each state has its own lemon laws, and these come complete with their own sets of rules, deadlines, and potential remedies you can receive should you win your case. The complexities involved could cause you to miss out on opportunities for maximum compensation, should you navigate these on your own.
For more information on arbitration and other frequently asked lemon law questions, click here.
In these instances, bringing in an expert lemon law attorney to protect your rights is vital. So, while the basics of warranties are easy to understand, the intricacies of lemon laws can be confusing. Lemon law attorneys help people follow the process to receive compensation for their lemon vehicles, starting with determining if the vehicle qualifies as a lemon per your state’s laws.
How Does a Vehicle Qualify as a Lemon?
Each state has within its lemon laws specific criteria that have to be satisfied to qualify a vehicle as a lemon. While there are various state-specific rules, overall there is a main qualifier. That is, that the defect that the vehicle exhibits must be substantial, and the defect must greatly impact the vehicle’s use, value or safety. Sometimes this can be a fine line, and that’s why consulting a lemon law attorney is important. A seasoned lemon law attorney’s experience and expertise will help you navigate this first step in the process, and if your vehicle qualifies as a lemon, the lawyer can represent you in your claim against the manufacturer.
Please note: Allen Stewart, P.C. provides a free consultation. Don’t wait or worry about whether your vehicle qualifies as a lemon. Schedule your case evaluation today and speak to our expert lemon law attorneys. Call 866-440-2460 or contact us online.
The Lemon Law Process
If your vehicle is determined to be a lemon, you then have various options before you. Your lemon law attorney will explain them and point out the pros and cons of each, and protect your rights throughout the process.
In addition to a substantial defect that affects the vehicle’s use, value, or safety, these are some additional criteria that state lemon laws require:
- How many times the vehicle has been repaired without success or has been out of service
- Timeframes within the manufacturer’s written warranty
- Additional time and mileage considerations
Organizing Proof of Your Claim
Before pursuing your claim, your attorney will advise and work with you to organize all the documentation and records you need to prove your case, such as repair records and even expert testimony that shows that your claim is valid, and you deserve compensation for the malfunctioning vehicle.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Resolutions Your Attorney Can Help You Pursue
One resolution that your attorney can help achieve is a settlement. Most cases don’t go to court because the manufacturer doesn’t want to spend the time or have bad publicity. Another method of resolution could be arbitration. This is more informal than a court case. You and your attorney present the facts of the case and the arbitrator makes a decision that is binding on the manufacturer, but not on you, the consumer. If you don’t like this decision, you can pursue other legal means, including a lawsuit and go to court.
Within all of these steps, your attorney protects your rights and is ready should the manufacturer try to minimize or dismiss your claim. The goal is to prove that your vehicle is a lemon and that the manufacturer must fulfill its obligation and provide the remedy you demand; either a replacement vehicle or refund.
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How a Lemon Law Attorney Can Help You
Through the process we’ve outlined, we have already seen how a lemon law attorney can protect your rights and get you the compensation you are entitled to. In addition to navigating your state’s lemon laws, there is a federal law that your attorney can bring to bear. It’s called the Magnuson-Moss Warranty Act. This is not a federal lemon law, but it is a law that covers all consumer products. It was written to ensure that warranties are easy to understand and that manufacturers and sellers honor the warranties they provide.
Another aspect of the Magnuson-Moss Warranty Act is what’s called the “implied warranty of merchantability.” In the case of a motor vehicle, you would expect that it would operate as it should, overall.
Think you have a lemon, click here to fill out a 30 second form.
Two other key aspects to Magnuson-Moss are that it applies across the nation, and that it requires the manufacturer to pay the claimants’ attorneys fees. In short, the Magnuson-Moss Warranty Act is an important safeguard that your attorney can use to help protect your rights.
How this can benefit you: Allen Stewart, P.C. offers years of experience employing the Magnuson-Moss Warranty Act to help our clients receive the compensation they deserve for their lemon law claims. Schedule your case evaluation today. Call 866-440-2460 or contact us online.
Trust Allen Stewart, P.C. For Expert Lemon Law Representation
It’s often easier to understand the way warranties work with many consumer products. With vehicles that exhibit substantial defects, the lemon law process provides a specific set of steps to follow to prove your claim and gain compensation. Complexities can develop within these steps, and a skilled lemon law attorney will ensure that your rights are protected. That includes understanding how a vehicle qualifies as a lemon, claim filing requirements and deadlines, ability to understand warranty provisions, and the dozens of other intricacies that could prevent you from receiving compensation.
Some people wonder if a lemon law attorney is necessary. The manufacturer absolutely will have its legal team ready to evade, minimize or dismiss your claim. Allen Stewart, P.C.’s lemon law attorneys anticipate these strategies and aggressively protect your rights. We have won hundreds of lemon law cases in Texas, California, New York and across the country.
Don’t wait. Being proactive is important in a lemon law claim. You do not have to worry about upfront costs. Thanks to federal law, our clients pay nothing out of pocket, so contact us now for a free consultation.
Schedule your case evaluation today. Call 866-440-2460 or contact us online.