Each lemon law case is unique and comes with its complexities. Therefore, no attorney should promise you a guaranteed timeline in the initial consultation.
Manufacturers often try to convince consumers that arbitration is a cheap, quick, and painless alternative to taking their lemon law claim to court.
You Have a Warranty
While a lemon law attorney in Florida, can be helpful in situations involving your car’s warranty, it’s essential to clarify the distinction between warranty claims and lemon law cases. When you have a car that can’t seem to get right, it can feel like a lemon. Lemon laws are designed to help drivers who have vehicles with substantial problems that they can’t fix themselves. Each state’s statute typically complements federal law by allowing consumers to demand a refund or replacement from the dealer or manufacturer.
The law usually requires the consumer to show that the problem is substantial and that it took a reasonable number of repair attempts to diagnose and fix it. The definition of a “reasonable number” is not consistent across states, but it is generally four or more tries. In addition, the vehicle must have been bought or leased new and must be used for personal or household purposes. Many lemon laws also exclude commercial, recreational, or off-road vehicles from protection.
Keeping records of all repairs, complaint letters, and conversations with the dealership or manufacturer is essential. An experienced Lemon Law attorney can help you ensure you have the documentation needed to prove that you met the requirements for your particular state. Upon meeting the requirements, your attorney will help you present your case informally before an arbitration panel. A qualified Lemon Law attorney can ensure that the panel hears your evidence and decides how much compensation you deserve.
You Have a Warranty Claim
If you have a problem with your new vehicle that can’t be fixed, it may qualify for lemon law relief. Many states protect the purchase of irretrievably defective new vehicles by allowing consumers to go through a free dispute resolution process called arbitration. Lemon law attorneys are skilled at representing consumers in these programs.
Under state laws, a car qualifies as a lemon if it meets two criteria: 1) it has a substantial problem covered by warranty, and 2) it persists after a reasonable number of repair attempts. What constitutes a “reasonable number” varies by state.
If your car meets the legal requirements, you can participate in a dispute resolution program run by your state’s consumer protection agency or the manufacturer. Arbitration is a non-judicial, out-of-court process where a panel or a single arbitrator will analyze your claims and decide what remedy to award you. Most of these decisions are binding on the manufacturer, but you can always file a lawsuit to challenge the arbitrator’s decision if unsatisfied.
A lemon law attorney can provide valuable assistance by acting as your liaison with the arbitrator and ensuring your case is heard fairly. Your lawyer can also help you avoid being manipulated by the dealer or manufacturer.
You Have a Claim Against the Dealer
If the dealer cannot fix your lemon car within reasonable attempts, you may qualify for protection under a state’s lemon law. The laws vary by state but typically offer a remedy that goes beyond the scope of the manufacturer’s warranty. It could include a full refund or replacement of the vehicle.
When filing a lemon law lawsuit, it’s essential to have substantiating documentation that shows the dealer attempted to fix the problem. It includes repair bills, work orders, and any communications (including emails and phone records) you had with the dealership or manufacturer. It will help paint a picture of how often the dealer tried to fix the issue and how long the vehicle was out of service.
In addition, you want to ensure that your lawyer is a lemon law attorney or experienced in handling such cases. It will give your case legitimacy and lend more credibility to your claim. Many lemon law attorneys will also work on a contingency basis, meaning they won’t charge you any hourly fees for their services unless you win. This option is ideal for consumers who cannot afford a lawyer’s fee upfront. The right lawyer can even increase the likelihood of a favorable outcome because the manufacturer will know that you have the ability and willingness to sue them in court if necessary.
You Have a Claim Against the Manufacturer
If the dealership hasn’t been able to fix your car within a reasonable number of repair attempts, you may be eligible for lemon law protection. Generally, this protection provides for a refund or replacement car from the manufacturer. You can also receive compensation for your car rental fees and other expenses you incurred while waiting for the vehicle to be fixed. In most states, new and used cars are covered under the Lemon laws, but the defects must occur within a certain period after the purchase or lease.
If you think you have a lemon, keeping records of all work orders and communications with the dealer and manufacturer is essential. It will prove that the car meets the requirements for a lemon law claim. In most cases, you must undergo an arbitration process before suing the manufacturer in court. This is typically faster and less expensive than a traditional lawsuit. Consumers who bring substantial claims documentation tend to do better in arbitration.