what is a lemon law lawyer

by Abbigail Gottlieb 3 min read

A lemon law

Lemon law

Lemon laws are American state laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance. Although there may be defective products of all sorts ranging from small electrical appliances to huge pieces of machinery, the term "lemon" is most often used to describe defective motor vehi…

lawyer addresses legal matters that protect consumers’ rights and provides legal advice regarding vehicle defects. They have a strong understanding of which vehicles are eligible for these claims. Consumers should consult with a lemon law lawyer if new or used cars show signs of being a “lemon.”

A lemon law lawyer addresses legal matters that protect consumers' rights and provides legal advice regarding vehicle defects. They have a strong understanding of which vehicles are eligible for these claims.Feb 12, 2021

Full Answer

Should you hire a lemon law attorney?

Taking your claim to a qualified lemon law attorney promptly is the best decision you can make when considering taking legal action against your vehicle’s manufacturer. Lemon law lawyers know the ins and outs of the legal system on a far more intimate level than a layperson.

What to look for in a lemon law attorney?

What to Consider When Looking for a Family Lawyer

  • Check Reviews and Get Recommendations. One of the best ways to find the right family lawyer for you is by asking people that you trust for recommendations.
  • Ask Detailed Questions. ...
  • Get to Know Them. ...
  • Provide All Accurate Information. ...

Why to use a lemon law lawyer?

  • Comply with all warranty requirements, which include any repairs be performed by a dealer authorized by the manufacturer
  • Preserve any correspondence regarding the defect and repair issues involving the dealer or manufacturer
  • Save copies of work orders covering repairs which includes documentation of the dates of repair and mileage on the date of work

How much does a lemon law attorney cost?

Ten million dollars is a lot of money. But attorney Warren Ellis, who represented the Dominguez and Felix families, warns against a knee-jerk reaction: “I always say the worst thing that can happen to a person or to a family is to receive a large liability settlement, because it means something very, very bad has happened to them.

image

What is a lemon law suit?

Lemon laws are laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance.

Why do they call it the lemon law?

The kinds of goods lemon laws cover and how far consumers are protected depends on the jurisdiction of the law, but the term "lemon law" originally referred to defective automobiles that were called lemons. Lemon laws are generally used to legally hold manufacturers to reasonable implementation of their warranties.

What is the Texas Lemon Law?

The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles that helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer's original warranty.

What cars are considered lemons?

A “lemon” of a car, or a vehicle covered by the act, is a vehicle that's been:Out of service for 30 days or more for warranty issues.Repaired by the manufacturer for general warranty issues at least four times or twice for problems that could lead to death or severe injury.

Are cut and shut cars illegal?

This may come about when cars that have been through front end or rear end accidents have not been taken off the road properly and are instead used to produce one superficially, at least, undamaged car. The practice is illegal and brings with it a number of hazards to buyers.

How do I file a complaint against a car dealership in Texas?

Complaints Against Vehicle Dealers You can file a complaint whether you are a consumer or a vehicle dealer. For additional information or assistance with enforcement actions, call us at (888) 368-4689 or (512) 465-4204.

Can I return a used car to a dealership in Texas?

Under Texas Law, you do not have 3 days to cancel the purchase like you may with some transactions the dealer is required to register and title the vehicle in your name within 30 days, regardless of if you owe money on the vehicle to the dealer or another financier.

Can you return a used car if it has problems?

There has to be a proven defect. If you can prove that the vehicle you were sold was not fit for the purpose when you bought it, you have a leg to stand on – but you as the buyer has to provide the evidence. This puts you in a position to demand a repair, replacement, or refund.

What is lemon law?

Lemon law allows consumers to get a refund or replacement of a car that was purchased with a major mechanical defect. Generally, a major mechanical defect is one that one that is covered by warranty, and that cannot be repaired even after a "reasonable number" of repair attempts. Consumers can often use lemon laws to obtain a replacement vehicle ...

Is a lemon a state specific law?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Lemon laws are highly state specific. States set the definition of "major defect" and what constitutes a "reasonable number of repair attempts," so a car may be a lemon in one state but not in another.

Can a dealership decide if a car is a lemon?

In most states, dealerships are initially responsible for reviewing lemon law cases and deciding whether a car is a lemon. These are not legal organizations, and many car dealers are eager to find a quick resolution with minimal legal involvement. Some organized car owners, who have kept detailed and complete records of their vehicle's use and repair history, find that they able to get a replacement vehicle under lemon laws without hiring an attorney. However, no dealership wants to admit that they sold a defective car. If your dealership is difficult to deal with, or refuses to decide that a defective car is a lemon, an experienced lemon law attorney is necessary to ensure that your rights are protected.

Can you get a replacement car under lemon laws?

Some organized car owners, who have kept detailed and complete records of their vehicle's use and repair history, find that they able to get a replacement vehicle under lemon laws without hiring an attorney. However, no dealership wants to admit that they sold a defective car.

What are the advantages of working with a lemon law lawyer?

There are a number of advantages to working with a lemon law lawyer. The main advantage and the main thing that a lemon law lawyer brings to your case is that your case will be taken more seriously because an experienced attorney will help you strengthen your case. With a stronger case, you have higher chances of winning the lawsuit and getting your money back or a replacement vehicle. Not only will you have a stronger case but also make sure your case is resolved quickly. The vehicle manufacturer knows what it means when your lawyer is ready to go to court and they want to try and make the process quicker and sometimes will even give up easier. The lawyer will know how to approach the case and win.

Can you claim lemons on your own?

Even though it’s possible to handle your warranty claim on your own, customers who don’t understand rights and potential remedies under federal and state lemon laws are going to be at a disadvantage if they try to negotiate with the manufacturer or dealership on their own. For example, many consumers are duped by a dealership that is attempting to look into and resolve the problem. Many times these claims are going to be drawn out over the course of months and during this time, you won’t have access to your vehicle and can be frustrated. Sometimes the dealership might try to convince you that the lemon laws don’t apply to your situation and only apply to late model or new vehicles. However, many lemon laws do also cover vehicle leases and purchases. Having an experienced attorney in this case can help you make sure you get what you are entitled to. Many consumers may also have to cover their own repair costs at first or agree to some unfavorable trade terms. When you work with a lemon law attorney, you have more room to negotiate and it helps you get back in a working vehicle much faster. You don’t have to suffer the consequences of this defect.

What is a lemon in California?

There are certain requirements your vehicle must meet in order to qualify under the California lemon law. For your vehicle to be a lemon, the vehicle must have defects covered by the warranty that remain unresolved after multiple attempts at a licensed repair place. You may also see the lemon laws referred to as The Tanner Act and/or the Song-Beverly Consumer Warranty Act. The Song-Beverly Consumer Warranty Act specifically

Does California have a lemon law?

Any vehicle eligible for lemon law protections in California must have an existing warranty with express guarantees. While California recognizes implied warranties, the lemon law requires an existing warranty. Any vehicle covered under the lemon law must weigh under 10,000 pounds and have been purchased or leased through a retail transaction, and the vehicle in question must belong to an individual or business that has between 1 and 5 vehicles.

What happens if my car doesn't meet the lemon law?

If your vehicle does not meet the requirements for a lemon law claim, don't lose hope! You could still receive a monetary remedy under federal law via the Magnuson Moss Warranty Act. This act applies if your car has been in the shop three or more times for a single problem under an original or extended manufacturer's warranty.

What happens if you don't win the lemon law in New Jersey?

If you don't win, you still pay nothing. 🍋 Remedies under the NJ State Lemon Law include a complete repurchase, a brand-new car, or significant monetary compensation along with continued ownership of the vehicle.

What is the Magnuson Moss Warranty Act?

As mentioned earlier, this law provides the same cost-free representation as the New Jersey Lemon Law, protecting consumers with used cars who have repeated problems under an original or extended manufacturer's warranty.

How long does a lemon last in New Jersey?

The New Jersey Lemon Law provides cost-free legal help to distressed drivers whose cars, personal trucks, or motorcycles suffer a repetitive non-conformity or are in the shop for an extended time within the first 24 months or 24,000 miles, whichever comes first.

Can you file a claim under the Lemon Law?

No. While problems can occur immediately, even in brand-new vehicles, you must follow proper procedures if you hope to open a claim under the Lemon Law. The most important thing to do initially is to take your vehicle to a manufacturer's authorized dealership for repairs. Once your car/truck/motorcycle is returned to you, make sure you get and keep a copy of any repair invoices.

Does the lemon law cover motorcycles?

Yes, the Lemon Law in NJ cover s motorcycles with the same degree of protection provided to cars and personal trucks. That includes newly purchased or leased motorcycles. The law could entitle you to a complete replacement of the or a refund of the purchase price. Similar to the lemon law for cars and trucks, representation is completely free.

Can you appeal a lemon law case in NJ?

Likewise, the decisions made by the NJ Lemon Law Unit are legally binding and if you lose your case, there may be no way to appeal.

How many lemon law cases will be handled in 2021?

As of Saturday, May 29, 2021, we have successfully handled over 100,000 individual Lemon Law and Breach of Warranty cases, having recovered more than $140 million for clients while representing them without charge. That's more than 20 years of real Lemon Law experience; not "general practice", "personal injury", or some other legal work.

Why can't lawyers use "expert" in advertising?

Credibility – In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof.* Sadly, the rules are not always enforced and some firms use these terms anyway.

image

Definition of Lemon Law

  • Lemon law allows consumers to get a refund or replacement of a car that was purchased with a major mechanical defect. Generally, a major mechanical defect is one that one that is covered by warranty, and that cannot be repaired even after a "reasonable number" of repair attempts. Consumers can often use lemon laws to obtain a replacement vehicle on...
See more on findlaw.com

Terms to Know

  1. Warranty: A promise made by a dealership that the vehicles it sells are fit to drive.
  2. Recalls: A notice of a mechanical defect issued by a dealership or manufacturer. Dealerships typically pay for repairs to correct defects listed in a recall.
See more on findlaw.com

Practice Area Notes

  • In most states, dealerships are initially responsible for reviewing lemon law cases and deciding whether a car is a lemon. These are not legal organizations, and many car dealers are eager to find a quick resolution with minimal legal involvement. Some organized car owners, who have kept detailed and complete records of their vehicle's use and repair history, find that they able t…
See more on findlaw.com

Related Practice Areas

  1. Consumer Protection: Lemon laws are a subset of consumer protection laws, which ensure that the products which enter the marketplace are safe for their intended use.
  2. Financial Consumer Protection: Financial consumer protection specifically protects consumers from fraud in banking or lending. These laws also apply to car loans.
  3. Consumer Transactions Law: This area of law covers the basic rules of warranties and other …
  1. Consumer Protection: Lemon laws are a subset of consumer protection laws, which ensure that the products which enter the marketplace are safe for their intended use.
  2. Financial Consumer Protection: Financial consumer protection specifically protects consumers from fraud in banking or lending. These laws also apply to car loans.
  3. Consumer Transactions Law: This area of law covers the basic rules of warranties and other promises made by the seller, which also apply to vehicle transactions.
  4. Criminal Law: If an unsafe or seriously defective vehicle is misrepresented and sold as safe, it is considered fraud and the dealership's owners can be prosecuted.