If you’re stuck with a vehicle that just won’t run, or one of its safety features is severely compromised putting you in danger, or you’re dealing with other substantial defects, lemon laws can protect your rights. The issue with these is they vary by state and can be hard to understand. You probably have lots of questions. What exactly qualifies your vehicle as a lemon in your state? What’s the best way to expedite your case so you can get compensation?
In short, do you need a lawyer, and how can a lemon law attorney help you?
We’ll review how state lemon laws work, and even get into what federal protections can be used to get you the compensation you deserve. Allen Stewart, P.C. has won many lemon law cases in multiple states for our clients, and we invite you to get answers to your questions here and with our free consultation.
How Do State Lemon Laws Protect Consumers?
There are several common points most states include in their lemon laws. There are tests, or qualifiers, a vehicle has to measure up to, to be considered a lemon. The issues need to severely impact a vehicle’s use, safety or value. The problems usually need to occur during specific timeframes and mileage specifications. The manufacturer is allowed a certain number of repair attempts, with each state specifying how many and any other rules regarding the repairs.
Your lemon law attorney will review your claim versus your state’s lemon laws. To give you an idea how these laws can vary, we’ve included a few example states from around the country for your review.
New York
In New York, vehicle owners have more protections than in some other states. New York covers used vehicles, while many other states do not. You’ll note on our New York lemon law page that there are specific timeframes, mileage amounts, and repair attempt requirements that differ for new and used cars.
Please note: You’ll want your lemon law attorney to review your circumstances carefully, as New York does cover new, leased and used cars (again, have the attorney determine if your vehicle qualifies as a lemon). Used cars must be purchased from a dealer and cost at least $1,500 to be covered by the state’s lemon law.
Contact Allen Stewart, P.C. (866-440-2460) for a free consultation for your New York lemon law claim.
For more information on arbitration and other frequently asked lemon law questions, click here.
Ohio
In Ohio, the lemon law applies to passenger cars, noncommercial motor vehicles, and parts of motor homes that are not part of permanently installed facilities for cold storage, eating, and sleeping. Ohio has a specific definition for passenger cars as any motor vehicle designed and used for carrying no more than 15 people. According to the Ohio Attorney General, the law does not cover pickup trucks used solely for business purposes.
You will want your lemon law attorney to carefully review your claim versus Ohio’s laws and determine if your vehicle can qualify as a lemon. Check out our Ohio lemon law page and contact Allen Stewart, P.C. (866-440-2460) for a free consultation.
Texas
Texas provides broader coverage than in many other states. Texas Lemon Law covers new cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, TRVs and neighborhood electric vehicles. The law does cover leased vehicles, but used vehicles are not covered.
With the complexities and requirements under the Texas lemon law, it can literally pay to have Allen Stewart, P.C. review your case with our free consultation. If we find that your vehicle qualifies as a lemon, and you wish to move forward, we can pursue your claim for you so you receive the compensation you deserve. Learn more about Texas lemon laws on our dedicated Texas lemon law page.
Contact Allen Stewart, P.C. (866-440-2460) for a free consultation.
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California
California’s lemon law is considered one of the strongest in the nation. California’s Song-Beverly Consumer Warranty Act says that every sale of retail consumer goods in California must be accompanied by both an implied warranty of merchantability and an implied warranty of fitness. Manufacturers with express warranties for California-sold goods are also required to keep adequate in-state service and repair facilities or authorize third-party repair and service facilities to carry out warranty fulfillment, according to the law.
It’s important to have an experienced California lemon law attorney, such as Allen Stewart, P.C., on your side when making your lemon law claim. We have won many lemon law cases in California, and encourage you to contact us (866-440-2460) for a free consultation.
If you would like to review lemon laws in other states, please visit our lemon laws by state page.
Federal Lemon Law Protections
In each of the above states and other states, your lemon law attorney can also bring the federal Magnuson-Moss Warranty Act to bear, which provides these protections:
- The Act’s intent was to ensure consumers could get clear and complete warranty information up front before purchase, allowing them the freedom to shop for warranty coverage and make informed financial decisions.
- As the Act also says, companies that offer written warranties on goods can’t get rid of or change implied warranties. This means that customers always have the basic protection of the “implied warranty of merchantability,” which says that a good sold will do what it’s supposed to do. When you buy a car, for instance, it should operate in a safe and reliable manner.
- Companies must designate any warranties they offer as either “full” or “limited” and specify exactly what the warranty covers in a single, clear, and easy-to-read document. Businesses must ensure warranties are available where the covered products are sold so customers can read them before buying.
Please note: State lemon laws vary across the country as to whether or not a successful claimant can recover their attorney’s fees from the manufacturer. The Magnuson-Moss Warranty Act obligates manufacturers to pay the claimant’s attorney’s fees if the claimant prevails against the manufacturer.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
Why You Need a Lemon Law Attorney
With all the variables involved in understanding lemon laws for your state and reviewing your case to ensure your vehicle is a lemon, attorneys may be the best route to a refund or replacement vehicle. What’s more, your lemon law attorney has successfully navigated this process many times before. The average person may encounter it maybe once or twice in a lifetime. There’s no room for error. You need an experienced lemon law attorney to handle the intricacies of arbitration, negotiating a settlement, or perhaps going to court, should that become necessary.
It’s true that manufacturers have plenty of legal resources to rely on to push back when you make a lemon law claim. To protect your rights, you need an attorney who knows the strategies manufacturers will use to deny or evade your claim. Allen Stewart, P.C. encourages you to consider this when making your decision on working with a lemon law attorney.
Allen Stewart, P.C.’s Lemon Law Experience Gives You a Positive Path to Victory
You went into your vehicle purchase with good intentions, and unfortunately it went wrong. If you think you might have a lemon car, take advantage of Allen Stewart, P.C.’s free consultation. We’ll evaluate your situation, and if your claim is valid, we can (if you wish) pursue your claim for you. We will protect your rights and fight for you whether it’s for a settlement, in arbitration, or even in court, if necessary.
As top Texas, New York, and California lemon law attorneys, we provide you with the best opportunity to win compensation. We’ve also won lemon law cases for our clients in many other states. Our extensive experience gives you the advantage you need to go up against manufacturers who are not motivated to offer you maximum compensation.
Perhaps you are hesitating to contact an attorney due to cost concerns. You can feel at ease working with our lemon law attorneys because you won’t pay anything up front. We have helped hundreds of clients successfully pursue claims against auto manufacturers to get the justice they deserve. Thanks to federal law, our clients pay nothing out of pocket, so contact us now for a free consultation.
Please be aware that lemon laws are constantly evolving. We encourage you to call us at 866-440-2460 today or contact us online.