Does a lemon law case go to court? Well, the biggest problem could quite possibly be the fact of how it is interpreted (or misinterpreted) in the court of law. So to help you understand how lemon law works and how such a case can end up in court, we’re going to explain the common misconceptions that people have regarding such cases. With this being said, here’s a look at lemon law cases and how such a case could lead to a trial.
Lemon Law Case Myths
Some of the many myths that could make one wonder about their lemon law case could include:
- “To qualify for a lemon law case, X days in the shop and X repairs are necessary” – That’s right, even government agencies and law firms mess this up or make errors in regards to these lemon law qualifications. However, many of these gaffes are made to explain and simply how lemon law operates. Although there’s numbers of days/repairs that are necessary regarding lemon law cases that establish the vehicle is in fact a lemon, there is no fast or hard rule that establishes a lemon from a fully operational vehicle. Whether or not it has been presumed, a vehicle is a lemon if it is found that the vehicle (in question) has spent to long in a shop or has received too much repair. A vehicle could also be deemed a lemon if it’s discovered that after a few repairs or (if no repairs have been made) if the vehicle is a total loss before it can be fixed. In conjunction with such reasoning, a safety problem requires less repairs to be deemed a lemon than a non-safety issue. The standards within reason boil down to the lawyers who will be bringing the lemon law case to trial. If the arguments about the vehicle being a lemon are convincing enough, the case might be settled before it goes to trial.
- “There’s too many miles on my vehicle to claim that it is a lemon” – Although this is frequently claimed, it oftentimes untrue. In the state of California, the SOL (statute of limitations) is 4 years from when it’s discovered that the vehicle is a lemon. Since this is a significant amount of time and such a situation deserves reasonableness, it takes a lawyer to make the argument of when the SOL began. Even with a five year warranty and a four year window, it’s possible that a nine year old vehicle (with thousands of miles on it) can be determined to be a lemon. If you’re unsure, have an attorney take a look at the vehicle (and the situation) to decipher if it falls under lemon law.
- “I didn’t keep records of my repairs, so that makes my lemon law case invalid” – Sure, keeping receipts is important. When it comes to lemon law cases, such information can be utilized as key evidence when determining how many attempts were made for repair, how long the vehicle spent time in the shop, or whether or not the vehicle shows history of defect. However, there’s no need to worry if you haven’t kept all of your repair information on file. Since the records show that you’ve paid them (or by who made the vehicle), it’s the dealers who retain this information for years. Thankfully, they can supply you with this information in the event you need it.
- “It isn’t worth the trouble to file a lemon law case” – There’s an idea that lemon law cases are very time consuming and not worth the effort. Yet in reality, it’s the attorneys who do all of the fancy footwork if you’ve been collecting the documents pertinent to the case. If the case lasts a long time, one may have to go to trial or offer a deposition in rare cases.
- “A lemon law case filing isn’t worth the time investment” – Sure, some cases regarding lemon law can take weeks to settle, as some can take months for litigation. Manufacturers are well aware how annoying this can be for customers, which is why they try to stretch out the process on their end. However, a lemon law case does harm the manufacturer as well. In the event they drag their feet regarding the vehicle, it depreciates in value. If the vehicle is functional and safe to operate, the vehicle can be utilized by the purchaser and they owe you reimbursement for the said vehicle.
- “My lemon has already been traded or sold. It’s too late” – In states such as California, getting rid of a lemon isn’t the “be all end all” factor in a lemon law case. The four year SOL still applies, and one can still pursue legal action.
Considering the information above, there’s plenty of reasons why a lemon law case can head to court – and why such a case is worth pursuing. Since vehicles are very costly, a vehicle that works safely and properly functions is something that should be entitled to the vehicle’s owner. Thankfully, we’re here to do exactly that. So in the event you’re looking to go to trial to trial over a lemon law case, contact us today so that we can get things in your favor.