There’s nothing quite as frustrating as buying a car from a dealership only to find out that it’s riddled with defects. Not only is your hard-earned money wasted, but now you have to spend your valuable time trying to get the manufacturer and car dealership to make it right. Lemon cars are usually new cars with recurring defects that substantially impair the value, use or safety.
If you are thinking – my dealership sold me a lemon – this post will guide you in the right direction. You need to know the right steps to take before you start working with the dealership. You must know what to do if the car dealer sold you a lemon, and the process starts with getting all your documentation together to file a Lemon law claim.
The Lemon Pros have become experts in consumer protection laws and fight for the rights of drivers just like you. With our sole practice area focused on lemon law cases, we have the skills and know-how to get your settlement quickly. Get a free initial consultation today.
In this comprehensive post, we will explain when cars qualify for lemon law cases and show you how to file a claim. Not only do we show you what options are available to you, but we also help you avoid buying a lemon car in the future with our top tips.
A lemon is a defective vehicle that cannot be repaired in a reasonable number of attempts. Its problem substantially impairs the use, value or safety of the vehicle, such as a faulty engine or malfunctioning airbags.
The lemon vehicle is still covered by the warranty. With a new car, it would be covered under the manufacturer’s warranty. A used car may also be covered if there is a warranty provided with it. However, new cars are only eligible if the defect begins within the first 18,000 miles or 18 months, whichever comes first.
With serious safety issues, you are required to let the dealership have a minimum of two repair attempts before filing a claim. All others require four repair attempts for the same problem. This reasonable allowance should never take more than thirty days total.
Is your car a lemon? If you are struggling with major defects after purchasing or leasing the vehicle, you may be able to file a claim. Here are some signs that your car qualifies.
If you believe Lemon law applies in your situation, it’s critical that you keep track of the problems. Document all the issues, record the repair attempts and file all service invoices. If there are any communications with the dealership, make note of those as well. You may also consider having a third-party mechanical inspection of the car to validate your claims.
We have helped consumers file for compensation for a used car in Lemon law cases. The used car follows different regulations, but there are still times when compensation is possible. For example, you must buy the car from a qualified used car dealer. There’s no remedy if you choose to purchase from a private seller. The used car must also have warranty coverage and you must allow for a reasonable time for the problems to be worked out at an authorized repair shop.
We have a few steps to take if your car is a lemon. By taking these steps in order, you ensure the best outcome possible from your claim.
As previously discussed, the most critical step to take is to document everything you’ve experienced with the vehicle. You need to list the defects, when they started and the steps you’ve taken to have them repaired. For example, you could document the following: The car has a recurring issue with the brakes, making it difficult to stop quickly. From here you would write down every time the car has been in the shop for this complaint and the result of each visit.
In your detailed log, document the date and the name of anyone you worked with. Keep a copy of all the repair orders and receipts. Additionally, you’ll want documentation of every email, call or letter that occurred.
Once your vehicle qualifies, it’s time to send a formal demand letter to the dealership and manufacturer. This letter notifies them of the ongoing issue and asks for a resolution.
Because you don’t want to miss any filing deadlines, it’s essential to immediately notify the manufacturer as soon as the car qualifies. In the communication, include the car model, vehicle identification number, and the dealership where it was purchased/serviced. Make sure you include all of the repair history.
State in your letter that you understand your rights to a refund or replacement vehicle and you are willing to take legal action, if necessary. Your tone should remain professional and firm at all times, but not confrontational. Instead of using emotional language, stick to the facts and outline how your car qualifies for compensation. We recommend sending the letter by certified mail so there’s a record of receipt. You also want to keep a copy of the letter for your own records.
Because Lemon laws differ by state, it’s important that you follow your local guidelines. In California, the lemon law is known as the Song-Beverly Consumer Warranty Act. It’s one of the most comprehensive laws in the country. Federally, there’s also protection through the Magnuson Moss Warranty Act.
If you live in a different state, you want to pay close attention to the following qualifications:
If you are unsure whether or not your vehicle qualifies under lemon law, it’s best to speak with an expert attorney for more guidance.
If the dealer refuses to cooperate with you or the issues continue to go unrepaired, it’s best to hire a Lemon law attorney. Sometimes it takes the threat of legal action before the manufacturer and dealer want to seek a resolution.
A Lemon law lawyer can help you navigate a satisfactory resolution, with either a refund or replacement vehicle. You may also consider hiring an attorney before the problem escalates to save some time and stress.
Because The Lemon Pros specialize in going up against the largest car manufacturers, you know we protect consumers and get them everything they deserve. We have the expertise needed to navigate your lemon law claim, negotiate with the manufacturer and represent you in court, if needed. Working with us helps you receive a higher settlement. Contact us today for a free case evaluation.
If your car qualifies, your lawyer is going to advise you to file a Lemon law claim for compensation or a replacement. Once that’s done, you can expect several different outcomes or alternative legal resources.
If the manufacturer offers a replacement, it will be of equal value to what you are currently driving, except it won’t have the same defects. It will be the same model year and make with comparable features. You will have to turn in your existing vehicle during the exchange, and you could be liable for any other damages beyond the normal wear.
You may be due a full refund for the vehicle. Again, you will have to turn the car back into the dealership. At that time, a mileage offset value will be figured out taking into account the full purchase price minus the use you received from the vehicle before the defect started. You will receive the market value for the car, along with the money for your trade ins, sales tax, registration fees and other incidental costs.
Car buyers also have the option to get cash but keep the vehicle, known as the cash-and-keep settlement. This may be a good option for minor defects, especially if the dealership is willing to continue trying to repair the car. However, you will be liable to disclose the car’s lemon status when you go to sell it in the future, thereby reducing its value.
If a lemon claim isn’t viable, there are other reasons to sue a car dealership. You may be due compensation for a breach of warranty, fraud or other violations.
Either way, it’s important to file a complaint with several consumer protection agencies, especially if you want to warn others. You can leave a complaint with the Better Business Bureau (BBB) and the National Consumer Law Center. You may also want to file with the state’s Attorney General (Rob Bonta).
If you’ve been the victim of fraud, breach of a sales contract or you didn’t get the car warranty you were promised with your used vehicle, you may have the right to sue. While suing a car dealership may seem like an overwhelming task, a good lawyer is going to navigate the case for you. You may be able to get a replacement vehicle or a refund for your troubles, especially if you have the case well documented with the service contract, repair records and other proof of the problem.
Once you’ve been through the lemon process, you want to do everything possible to avoid these troubles in the future. You need to know how to avoid buying a lemon car.
To start, you want to buy from a reputable dealership. While you may like the deal you can get from a private sale, there’s no legal recourse when buying directly from the previous owner.
Next, you want to check the vehicle history report, either from CARFAX or AutoCheck. These reports will outline if the car has ever been in an accident, show the title status and give you access to service records, so you can make an informed decision.
Take your time to conduct a thorough inspection of the car. Look for any signs of damage, whether it reveals itself through uneven paint, frame damage or misalignment. Check the lights, windshield and tires for wear. Try out all of the features to ensure they work, such as the electronics, air conditioning and safety technology. You may also want to invest in an independent inspection of the car. While this check may cost a small amount of money, it could save you the headache of buying a lemon car.
Before you buy, check for any open manufacturing recalls. You can run a search for free through the NHTSA. If there are multiple recalls for the same part, it could indicate recurring issues that haven’t been resolved.
Finally, read through some online reviews about the car. You can reference sites such as Consumer Reports and Edmunds to see what other consumers think. If you notice a lot of similar complaints, it may be best to stay away from the car.
The Lemon law process timeline can be anywhere from several months to a year, depending on the complexity of the case. If you have clear proof of the defect and lack of repairs from the dealership, your case should be easy to navigate, providing a faster resolution. On the other hand, if you don’t agree with the arbitrator’s decision or you want to take the case to court, the process may take longer than expected. A qualified lawyer will help you spot any potential pitfalls to mitigate delays.
You’ll want to know more about the attorney fees under California Lemon law before getting legal help. To further protect consumer rights, we don’t charge any attorney fees until the case is won, so there’s nothing to spend out of pocket. Additionally, most dealerships and manufacturers are responsible for paying your legal fees if you win the case.
If your car is a lemon, you have rights and we are here to protect them. It’s time to take action and get everything you deserve for your troubles. By understanding the lemon laws, you ensure all of your rights are protected.
The Lemon Pros have the experience needed to get you out of the defective vehicle. We are regarded as the best Lemon law attorney in the area because we’ve secured millions of dollars in compensation. Contact us today for a free case evaluation.
Phone: (855) 725-2446
Email: [email protected]
We have an excellent success record in representing consumers just like you! We are award winning attorneys, but that has not gotten to our heads. We are attorneys who care and give personalized attention to each and every client, our attorneys directly handle your claim.
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