how do find a lawyer for a lemon car

by Orland Osinski 5 min read

You can do this by searching your car’s vehicle identification number online using the Carfax Vehicle Recall Check page and the website for the National Highway Traffic Safety Administration (NHTSA). The info you get can be important when you’re trying to prove your car or truck is a lemon. Follow the Rules and Hire an Attorney

Full Answer

Do I need a lemon lawyer for my car?

If you recently purchased a new car, truck, RV, or boat and found that it has a serious defect or mechanical problem, a lemon law lawyer can help. Lemon law lawyers assist with all aspects of a vehicle purchase -- from car buyer protection plans to extended car warranties -- and can identify your options.

Where to file a complaint if your car is a lemon?

Most often, this will be in the county and state where your vehicle was purchased or where you are licensed to drive. The complaint is a formal legal document that states your claims (i.e., that your car is a lemon) and specifies the remedy you are seeking.

Where can I find the lemon law checker?

The Lemon Law Checker is brought to you by the Lemon Law Firm of Kimmel & Silverman. Grab This Widget For Your Site! Want to add the Lemon Checker to your website?

How do you write a lemon letter for a car?

In your letter, you should begin by clearly stating that you believe your car falls under the lemon law of your state. For example, your letter may begin, “Dear Sir or Madam, I am writing to notify you that the car I recently purchased from your dealership falls under the state lemon law because of the need for repetitive repairs.”

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How does the lemon law work in California?

The California Lemon Law (Civ. Code, § 1793.2 et seq.) protects you when your vehicle is defective and cannot be repaired after a “reasonable” number of attempts. The Lemon Law applies to most new vehicles purchased or leased in California that are still under a manufacturer's new-vehicle warranty.

How does the lemon law work in Wisconsin?

Wisconsin Lemon Law Under Wisconsin's lemon law, a manufacturer must replace a purchased “lemon” with a “comparable new motor vehicle” or provide a full refund to the consumer. For leased vehicles, consumers can get full refunds for amounts paid under the written lease.

How do I file a lemon law in California?

What are the steps to file a lemon law case in California?Take the vehicle to the dealer for repair. ... Get repair orders from the dealership. ... Give dealership a reasonable number of attempts for repair. ... Gather all relevant documents. ... Hire an attorney.

What is the lemon law in South Carolina?

South Carolina has a lemon law that applies only to new vehicles. This law protects consumers who purchase or lease a new car, if the new car turns out to be defective. New means: (1) the vehicle was sold to a dealer by the manufacturer, (2) it was only used for test drives and (3) title has not been issued.

How long do you have to return a used car in Wisconsin?

If a dealer is selling you a used vehicle away from the dealership, you have a 3-day cooling-off period in which you can return the purchased vehicle. But if you buy a pre-owned car at the dealership, you sign a contract under which you may have to pay a penalty of up to 5% if you want to return the used vehicle.

Is there a used car Lemon Law in Wisconsin?

The Wisconsin Lemon Law covers new cars, trucks, motorcycles, and RVs with a defect that the manufacturer fails to fix. The defect must substantially impair the use, value, or safety of the vehicle and occur within the first year of ownership and while the warranty is active.

How do I file a Lemon Law complaint?

If you have a “Lemon Law” complaint, call the Office of the NY State Attorney General at 1-800-771-7755 (1-800-788-9898 for the hearing impaired). You can find information and complaint forms at the website of the Attorney General.

How do you write a Lemon Law letter to a manufacturer?

Dear Manufacturer: I believe that my vehicle is a “lemon” under [state name]'s lemon law. I am hereby making a written demand for a [refund/replacement] because the vehicle does not conform to the warranty. I purchased a [make, model, year of vehicle] on [date] from [name of dealership] in [city, state].

How long do you have to return a car in California?

within two business daysIf you decide to return the used car, you must return it to the dealer within two business days by closing time (unless the contract gives you more time). You must return the car under these conditions: With no miles in excess of what the contract allows.

Can you return a car to a dealership in Wisconsin?

Motor Vehicle Purchase Contract is binding The purchase contract is binding when you and the dealership have signed it. You cannot cancel the contract without paying a penalty. There is no 3-day right to cancel a contract signed at a dealership.

How does a manufacturer buyback work?

When a manufacturer “buys back” a vehicle because it had a problem, they typically make repairs and put the car back on the market to resell to another consumer. However, this doesn't always mean that the defect has been fully repaired.

What is the Lemon Law Himym?

Actual answer: Conceived by Barney, it's a rule introduced to avoid spending too long on a date that is going nowhere. The Lemon Law entitles either party on a date to call off the date within the first five minutes with no repercussions or hard feelings. Just cite Lemon Law and you're out.

What car mods are illegal in Wisconsin?

All vehicles must have mufflers that are designed to prevent unreasonably loud or excessive noise. Cutouts, bypasses, and similar devices are not permitted. Modifications that create flame inside or outside the exhaust system are prohibited.

What is the lemon law?

“Lemon Law” is the popular name for the Magnuson-Moss Warranty Act, a federal law protecting buyers who purchase any product that has a warrantee and cost $25 or more. The act, although it is warrantee legislation, is most commonly applied to purchases of new and sometimes used cars that have warranties.#N#Under the act, a product or component is allowed to be repaired a reasonable number of times before the product can be replaced with an entire new one. Most states have lemon laws and these laws may vary somewhat from the federal law.

What to do if a manufacturer is not responsive?

If the dealer or manufacturer of the product is not responsive, your attorney will file a complaint in civil law court and represent you throughout the legal process. Depending upon the strength of your case and with your permission, your attorney can negotiate a settlement of your case.

Can lemon law be applied to used cars?

Federal law and the law in some states allow the Lemon Law to be applied to used cars that come with warranties.

How to find a lawyer for lemon law?

To find an attorney or law firm to help you with your lemon law or auto dealer fraud issue, go to the "Find a Lawyer" box near the upper left corner of this page. You can also search for an experienced Lemon Law or Auto Dealer Fraud attorney near you by using the FindLaw Lawyer Directory.

What to do if you have a lemon car?

If you recently purchased a vehicle, and you believe that the vehicle may be a "lemon" or that you were victimized by auto dealer fraud during the buying process, one of the first steps you should take is to contact an experienced Lemon Law or Auto Dealer Fraud attorney near you. Automobile buyers are entitled to a number of legal protections -- pertaining to the condition of the vehicle itself, and to tactics used during the purchase process -- so having an experienced attorney on your side can help ensure that your rights are protected to the fullest extent possible.

What to expect from a lemon law case?

At your first meeting, your attorney will gather facts and information from you, evaluate all aspects of your vehicle purchase, identify your options, and explain what you can expect. If you and your attorney decide to pursue a lawsuit based on a lemon law violation or auto dealer fraud, at every stage of your case your attorney will represent you zealously -- by gathering evidence related to your vehicle purchase, researching all legal issues, interviewing witnesses, and negotiating with car dealerships and opposing counsel -- all with the goal of protecting your legal rights and ensuring the most favorable outcome for your situation.

What are the rights of an automobile buyer?

Automobile buyers are entitled to a number of legal protections -- pertaining to the condition of the vehicle itself, and to tactics used during the purchase process -- so having an experienced attorney on your side can help ensure that your rights are protected to the fullest extent possible.

What Are Lemon Laws?

Lemon laws passed at the state and federal level protect consumers that have bought or leased a defective product. The guiding principle of lemon laws is if a manufacturer cannot repair a car or another type of consumer good, the manufacturer either has to replace the defective product or provide the consumer with a full refund.

What Is the Federal Lemon Law?

Reacting to growing anger from consumers, the United States Congress passed the Magnuson-Moss Warranty Act in 1975. The federal lemon law set the legal standard for warranty coverage.

What Are State Lemon Laws?

Since the Magnuson-Moss Warranty Act established the legal standards for addressing defective products, it is up to the states to fill in the blanks by passing legislation that protects consumers. Some states have enacted lemon laws that are favorable to manufacturers, while other states have passed lemon laws that fully protect consumers.

What Is a Substantive Defect?

You might find a few legal terms to be confusing when researching state and federal lemon laws. One term that can be confusing is called “substantive defect.” The short answer to the question, “What is a substantive defect” is it is an issue that a warranty covers.

What Are the Consumer Remedies?

What can you do to address a defective product? If the product that you have purchased fulfills your state’s definition of a lemon, you have the legal right to ask for a refund or a replacement product.

How Do I Find the Best Lemon Lawyers Near Me?

Because lemon laws vary among the states, the first criterion for answering the question, “How do I find the best lemon lawyers near me” involves choosing a lawyer who practices lemon law in the state where you live. This is especially true for consumers that live in cities that border a different state.

Understand State Law

You do not have to become as knowledgeable as a lemon lawyer, but you need to put in the time required to understand the basic legal principles that your state applies to lemon laws. The first thing to discover is how your state defines a defective product.

What does a lemon law attorney do?

When you are connected with a lemon law attorney in your state, he or she will need every piece of this official documentation to verify attempts to reconcile the situation with the dealer and the current state of the vehicle. They will also share more information about what steps are necessary and how they can fight for your rights.

What is a lemon car?

Cars with frequent problems are often called “lemons.” If your vehicle is constantly at the dealership for repairs, and the same problem seems to occur and defy repairs, you may benefit from the services of an experienced lemon law attorney in your area. They know the specifics about what is covered under your state’s lemon laws. These laws exist to protect consumers from vehicles that fail to operate properly or have repeated problems.

Why do lemon laws exist?

These laws exist to protect consumers from vehicles that fail to operate properly or have repeated problems. Lemon law attorneys can help you negotiate with the vehicle manufacturer to get the repairs you need, or possibly even replace your faulty vehicle with a new one.

How many attempts to make things right with a car?

This number varies from state to state, between two and five attempts.

How long does a vehicle have to be leased to be a defect?

Under most state laws, the defect must have taken place within a specific period of time or a certain number of miles after the vehicle was purchased or leased.

Does Lemon Law work for free?

Your lemon law attorney isn't working for free. They get paid by the vehicle manufacturer when the case settles. They get nothing if they don't win your case. That's how you know they'll work hard for you!

Can you file a lemon law claim?

Most consumers don’t realize how simple and easy it is to file a Lemon Law claim. Your state laws provide you with 100% cost-free legal representation with defective vehicles. Most of the time it’s going after the manufacturer when warrantied repairs cannot be made within a reasonable number of attempts or a reasonable period of time. The result could include 1) a complete repurchase of the vehicle you purchased; 2) a brand new replacement vehicle; or 3) significant monetary compensation, even if the problem is fixed, and continued ownership of the vehicle.

What is considered a lemon in a car?

Generally, a car will be considered a lemon if the car: 1. Has a "substantial defect" (covered by warranty) that occurs within a specific period of time after the purchase, and. 2.

What is lemon law?

Lemon laws deal with the problem of irreversibly malfunctioning new cars. These types of laws provide consumer protection to those who have purchased a lemon. However, just because you think your car is a lemon doesn't mean it qualifies as a lemon under the law.

Why is it important to educate yourself on car financing?

For this reason, it's important to educate yourself on car financing and selling tactics. Being well informed can save you money and stress in the long run.

Can you get a refund for a lemon car?

In the event that your car meets the qualifications for being a lemon, then you fall under the protection of lemon laws and can either get a refund or a replacement car. The first thing you must do under a lemon law is contact the manufacturer, who should already have notice because of the attempted repairs.

Can you file a claim under the Lemon Law?

Many people do not realize how easy it is to file a claim under the Lemon Law or Federal Warranty Statutes. These laws provide 100% cost-free legal representation to consumers with defective vehicles, going after the manufacturer when warrantied repairs cannot be made within a reasonable number of attempts or a reasonable period of time.

Is the Magnuson Moss warranty free?

Even if you fall outside your state's Lemon Law parameters, you still may be entitled to significant compensation under federal law and like the Lemon Law, the legal help is 100% cost-free. The Magnuson Moss Warranty Act is a United States Federal Law aimed at protecting consumers with defective products, including automobiles, that cannot be fixed efficiently or effectively despite being warrantied by the manufacturer. For more information, visit our blog post on the Magnuson–Moss Warranty Act.

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