What Is a Lemon Law Attorney?

What Is a Lemon Law Attorney?

Lemon law attorneys represent clients who believe they were knowingly sold unsound vehicles (known as lemons). Using consumer protection laws, lemon law attorneys help their clients get justice from manufacturers or others who have broken lemon laws. A lemon law attorney may also use consumer protection laws to settle defective merchandise disputes.

If you have a defective vehicle, contact an experienced lemon law attorney. We’ve handled thousands of lemon law claims and got compensation for our clients. We understand the state and federal laws to ensure the best outcome in your situation. Receive a free lemon law consultation today.

In this guide, we cover the reasons to hire a lemon law lawyer and how to seek compensation for your defective vehicle. We show you California law and how it differs from federal law so you understand the requirements for most lemon laws.

What Are Lemon Laws?

What Are Lemon Laws?

Lemon laws are federal and state consumer protection laws that were enacted to protect consumers who have purchased (or leased) defective consumer products, vehicles or goods. The law ensures that when a manufacturer cannot repair a vehicle or other consumer product after a reasonable number of repair attempts and the defect is substantial, they must either replace the defective good or refund the consumer’s money. For a car to qualify for lemon law in California, the defect must substantially impair the safety, value or use of the vehicle, whether it is occurring on new or used cars.

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

In California, your vehicle is presumed to be a lemon if any of the following occur within the first 18 months or 18,000 miles of purchasing or leasing your vehicle:

  • Four or more repair attempts made for the same issue;
  • Two or more repair attempts made to fix an issue that can cause injury or death; or
  • Your vehicle is out of service for more than 30 days during the repair process, even if it is only during one repair attempt.

New and used vehicles must also be covered under a manufacturer’s warranty or written warranty that should provide protection from the defect. The repairs must have been performed by an authorized service agent.

In California, if any of these criteria are met, your vehicle is presumably a lemon, and you are entitled to a refund or replacement vehicle.

What Is a Qualified Lemon Law Attorney?

What Is a Qualified Lemon Law Attorney?

To become a lemon law attorney, an individual must successfully earn a bachelor’s degree from a college or university before earning a Juris Doctor (JD) degree from a law school. In addition to general law classes, a law student specializing in lemon law may also take classes in business law, product warranty, consumer disclosure, truth-in-advertising, and other consumer protection subjects.

After completing law school, aspiring attorneys must pass the bar exam in the state where they want to practice becoming licensed. To maintain licensure, attorneys are required to complete continuing legal education.

While schooling is important, nothing compares to the experience gained by winning cases. Because lemon law differs from state to state, it’s critical to find a lawyer who’s well-versed in your state’s regulations. They need to understand the lemon law rights period, the intricacies of the vehicle’s warranty period and what defect requires manufacturers to pay out.

What Should You Look For In Finding A Lemon Law Attorney?

The kind of attorney that handles lemon law that you should work with is one with experience in lemon law fights. You should feel comfortable and confident that your lemon law attorney knows your state’s lemon law forwards and backward. Their primary interest should be in helping you get rid of your lemon vehicle, quickly and efficiently. They should treat you as a partner in the fight against the manufacturer or the dealership.

It is your lemon law claim and your lemon law case – and the attorney works for you. You should be able to talk easily with your lemon law attorney and understand everything. Your attorney should welcome your information and assistance. Winning your case depends as much on what you can do to help win, as it does on the ability of the attorney to strategically use the law to argue your case.

Most of all, you need a lemon law attorney who will handle a trial and present your lemon law case to a judge and jury. Manufacturers know which attorneys never go into the courtroom. The attorneys that actually go to trial are feared by the manufacturers.

When Do You Need a Lemon Law Attorney?

After purchasing a motor vehicle, you may find that you need lemon law protection when there’s a defect that can’t be repaired. You have rights through the Magnuson Moss Warranty Act and California state lemon laws. When the auto manufacturer fails to offer you a satisfactory solution to your problem, it’s time to file a claim for a full refund or new vehicle.

Before contacting a lawyer for your defective car, make sure you gather all of the necessary documentation and detailed records of everything that’s occurred. For your initial consultation, it’s helpful to have the purchase agreement, warranty paperwork (manufacturer’s, extended and implied warranties), and record of all communication between you and the service center or manufacturer.

How Much Does a Lemon Law Attorney Cost?

How Much Does a Lemon Law Attorney Cost?

When taking legal action, the first thought that occurs to most people is determining how to pay for the lawyer and what are reasonable attorney fees. As experts in California lemon law, we are so confident in our services that we don’t need to charge our clients upfront. We don’t want to see legal fees stand in the way of consumer protection.

While some may charge the attorney’s fees before starting the case, we believe in only getting payment if we win the case. Even then, we hold the manufacturer or dealership responsible for paying the costs, known as fee shifting. The manufacturer may need to pay more than just your legal fees, with most cases including finance charges, sales tax, registration fees, rental car reimbursement, towing and other expenses. In the end, you may pay nothing at all and be given a new car to drive.

The danger with choosing a non-experienced lemon law attorney is that you may be asked to pay for the services upfront and they may not deliver anything for you. In California, the average hourly rate for a lawyer is over $350. Once that attorney receives their money, how hard are they going to work to win your case? A lawyer is more apt to work hard if their payment is on the line with yours.

How To Choose the Right Attorney for a Lemon Law Case

When fighting the manufacturer via the Magnuson Moss Warranty Act or state lemon laws, it’s imperative that the right lawyer is on your side. If you attempt to defend state or federal lemon laws on your own, the manufacturer and dealership aren’t going to take you seriously. Still, you have to be careful who you choose to represent you. When selecting a lemon law attorney, pay careful attention to these aspects.

Experience: It’s okay to ask the lawyer how many years they have been defending the federal and state laws. You want someone with years of experience that understands how the federal and state lemon laws apply.

Reputation (reviews): Take your time and evaluate online reviews for the attorney. Look for someone with a proven track record of winning cases for a variety of motorized vehicles, including new, used and leased cars.

Fees and payment structures: Not only should the lawyer offer you a free consultation, but the attorney fees should be waived until after the case. At that point, a good lawyer will only take payment if they win the case, forcing them to work harder for a resolution.

When you meet with the lawyer for the first time, consider asking these questions:

Benefits of Hiring a Lemon Law Attorney

Benefits of Hiring a Lemon Law Attorney

It’s extremely difficult to file lemon law claims without the help of a qualified attorney. If you want a refund or replacement vehicle, you want a qualified lawyer working on your team. Let the experts determine if your motor vehicle qualifies, through the warranty term, time period when the incidents occurred and whether there have been a reasonable number of repair attempts performed for the same defect.

Manufacturers and dealers aren’t usually motivated to discuss a lemon law claim with the customer. On the other hand, when a demand letter is sent from an attorney, they tend to respond much faster and with more willingness because they know the issue isn’t going to disappear.

Additionally, when you hire a lawyer who handles lemon law claims, you have less stress. You can relax knowing that the manufacturer will be held responsible. You can also use your time to focus on more important tasks while your lawyer handles the claim.

When You Have a Lemon, Hire a Lemon Law Attorney – Not a Mechanic

Watch out for attorneys who give mechanical advice. A telltale sign that you might have found an attorney you don’t want to work with is when the attorney offers you mechanical advice on what is wrong with your vehicle. A good lemon law attorney relies on experienced mechanics to do their job. They know that their job is to use lemon law to get you a maximum recovery in a minimum amount of time.

Using the law to help you is what their job is all about. A good lemon law attorney knows that the diagnosis of your Lemon vehicle’s “illness” is not as important as the history of its breakdowns. An experienced lemon law attorney will give you accurate advice on how to build your lemon law case so that your legal rights are maximized.

Watch Out for Attorneys Who Don’t Regularly Handle Lemon Law Claims

It takes a lot of education to become an attorney in any state – but they don’t teach lemon law courses in law school. It is an area of law that is so unique that the vast majority of attorneys have never handled a lemon law case at all. A smart attorney handles cases that are in the area of law that they know best. Criminal law attorneys handle criminal law cases, accident injury attorneys know how to handle accidental injury cases, and so on. Really good lemon law attorneys don’t handle those other kinds of cases.

We do the work that we know how to do. Good lemon law attorneys have learned this area of law the only way an attorney can – through years of experience in handling lemon law cases. That’s why one of the most important questions you can ask an attorney is how long they have been handling lemon law cases.

Be Careful with General Attorneys Who Seem to Know All the Answers

Be Careful with General Attorneys Who Seem to Know All the Answers

Although it takes a great deal of education to become an attorney in any state, what an individual attorney chooses to do with that knowledge might not always be in your best interest. If you are not talking with a lemon law attorney, watch out for the attorney who seems to have all of the answers when you first meet.

If a general attorney begins to tell you how much your claim is worth after just meeting you and not having all the facts, that is a good sign that they may care more about their fee than the problems your lemon vehicle is causing in your life.

A good lemon law attorney needs to understand your vehicle and its repair history in depth before they can make a judgment on what you might be able to get done. A “60-second case review” is simply not adequate to be able to tell you reliably and accurately what your rights are and what you can get done. The best lemon law attorneys do their homework before they can tell you what your case is worth. They don’t give wrong answers by guessing.

Need a Lemon Law Attorney?

Don’t attempt to navigate the state and federal laws on your own. With expert experience with the Magnuson Moss Warranty Act and the new car guidelines, a qualified lawyer is better equipped to handle your case.

If you are facing a lemon vehicle issue (whether for new or used cars), contact an experienced lemon law attorney to file a claim. We have a proven track record of getting the maximum compensation from a car manufacturer. Receive a free lemon law consultation to determine if you are owed a refund or a new car.

Call us today for a free consultation before time runs out to pursue your claim.

Phone: (800) 917-7147

Email: info@thelemonpros.com

Why Choose The Lemon Pros?

Our specialty is Lemon Law, that is why we only handle Lemon Law claims. When you hire us, our attorneys will do all the legal work for you, because we understand the stress that consumers like you deal with when they have a Lemon.

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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