You just bought a new or used vehicle and you are so excited thinking about all the places it is going to take you. Then a few days, weeks, months down the road, it breaks down on you and turns out it was a defective vehicle. Now you are thinking, wow I was fooled by that car salesman and I am out of a vehicle or out of a bunch of money for the repairs. This is not necessarily the case though; you can file for a lemon law lawsuit to help you get compensation for the defective vehicle. Lemon law is there to protect consumers from acquiring products that are dangerous or could become dangerous. When a used vehicle is a lemon, you have the right to take legal action while the vehicle is still under the original manufacturers warranty. Now, let us discuss in detail what exactly lemon law entails.
What is Lemon Law?
Lemon Laws were created to offer different options to those who have purchased vehicles and some other products that do not meet certain performance and quality standards. Each state has their own version of lemon laws and there is also a federal lemon law in place. Now, lemon laws will not apply to any and all situations. Most times the issue with the vehicle must happen while the vehicle is still under warranty. This does not mean it must be a new car, there are some used cars that have limited warranties that would meet the criteria of a lemon. The requirements of the Federal Lemon Law are:
- The vehicles manufacturer has attempted to fix the same issue with the car a “reasonable amount of times” (which is considered around three to even four times, but overall the court will decide what they deem reasonable) without success. Or it could be the situation where you have had several various issues with the vehicle that make it unable to drive.
- The attempts to repair the issues with the vehicle occurred within the first or second year you have owned the vehicle.
- You have not been able to drive the vehicle due to repairs for minimum 30 days, this does not mean that they have to be consecutive days.
Now that we understand some of the federal requirements, let us take a look at some tips one should keep in mind when they think they might have a lemon on their hands.
You should get your vehicle repaired only by the dealership. In the event that one takes their defective vehicle to another mechanic to get it repaired, the manufacturer will no longer be able to be held responsible for the repairs or work done on the vehicle.
Make sure you keep records in detail of every repair that you got on the vehicle. This is needed because if the lemon law lawsuit does end up going to court, you can show them that the manufacturer was given their fair chance to repair the vehicle multiple times. Also, it will be recorded exactly how long you could not use your vehicle due to said repairs.
Lastly, you should consider hiring a lawyer. These manufacturers have plenty of lawyers on hand that are experienced in dealing with these types of lemon law claims. Having a skilled attorney on your side who is experienced in lemon laws will help you get a better result for your case.
How an attorney can help file a claim on a used car that’s a lemon
So, as you can see from what we have already discussed lemon laws can get very confusing and complicated quick. The right lemon law attorney gives you immediate access to a plethora of lemon law knowledge and peace of mind knowing they are there to fight for you. These skilled lemon law attorneys have dealt with these types of cases many times and can help you understand and simplify all the legal jargon that pertains to your lemon. These attorneys would be able to create a checklist that will make sure whether or not you are indeed covered by the law. Once they established that you are, they can take the records of repairs and other issues to court and show how you deserve to be compensated for buying a defective used car. If you bought a used car and you believe it is a lemon, reach out to a lemon law lawyer today to see how they can help.