Lemon Law for Cars
When you purchase or lease a new motor vehicle, you expect that it will provide you with safe and reliable transportation. This is why it can be so frustrating when significant faults or defects the dealer has failed to repair successfully provide you with grounds to pursue a breach-of-warranty claim.
Both state and federal lemon laws may be applicable in your vehicle case. These give you an opportunity to obtain a replacement vehicle, settlement, or refund.
Any significant defect, including those that compromise the safety of the car, might prompt you to first let the dealer or manufacturer make an effort to repair. But if you’ve already been through multiple repairs with no resolution, legal action might be necessary.
Legal Options After Buying or Leasing a Lemon
A lemon law attorney can sit down with you to discuss when it makes sense to pursue a claim under your state's lemon laws. All 50 states across the country have laws that address what happens when a consumer purchases a vehicle like a car and discovers that it has substantial defects.
Lemon laws at the state level define what a lemon car is and require a vehicle manufacturer to provide a partial or total refund or a replacement vehicle in the event that a lemon is leased or sold by a consumer. State lemon laws also will dictate the number of times failed repair attempts must have occurred or the appropriate time frame for completion of repairs that would empower a consumer to move forward with litigation.
In some cases, the dealership might try to convince a consumer that lemon laws apply only to new or late-model vehicles. Many state lemon laws, however, cover used vehicle purchases or leases. It’s important to understand the specifics of your state lemon laws and to retain an experienced attorney who has a background in this area. In the event that you choose to pursue your claim under your state's lemon laws, those statutes will dictate the type of recovery you are eligible for.
The federal Magnuson-Moss Warranty Act of 1975 is distinct from state provisions and may offer legal recourse if a breach of warranty is not covered by state guidelines. A thorough review of this federal law in comparison with state lemon laws can help you and your attorney figure out if this option is available to you.
Why You Need a Lawyer to Help With Your Warranty Claim
Consumers who do not understand the potential remedies and rights under state and federal lemon laws are at a distinct disadvantage in trying to negotiate with their dealership or manufacturer on their own. Getting a car dealer to replace your vehicle without hiring a lawyer is extremely difficult.
In many cases, a consumer might be duped by a dealership alleging that it is attempting to investigate and resolve the problem. Often, these claims can be drawn out over the course of weeks or months, during which time you don’t have access to your vehicle and are getting increasingly frustrated. Many consumers, unfortunately, have had to cover their own repair costs or agree to unfavorable trading terms.
Involving a Magnusson-Moss or state lemon law attorney can give you room to negotiate and get back to your life faster. Whether it’s a defective vehicle or the parts inside that are stopping you from being able to rely on it, you should not have to suffer any further consequences. If you've already let the manufacturer attempt to fix the problem with your car to no avail, let a breach-of-warranty lawyer take over your claim for you.
Magnuson-Moss Requires the Manufacturer to Pay for Your Case
The fee-shifting provision of the Magnuson-Moss Warranty Act requires the manufacturer to cover reasonable attorneys’ fees if the plaintiff wins their case. As a result, our attorneys at Morgan & Morgan will work with you for free. Our fee comes from the manufacturer if we win your case.
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