Think you’ve got a lemon and wondering about your lemon law rights? Every state has its own lemon law pertaining to automobile warranties. But what are the lemon laws, how does your state define a lemon car, and what options do you have if your vehicle and its repair history don’t qualify?
Generally, if your vehicle (within the warranty period) has been repaired three to four times for the same defect or has been out of service more than thirty days by reason of repair, and the defect has not been fixed, it will likely qualify under the lemon law. And, even if your car is not considered a lemon under your state’s lemon law statute, you may still have rights under the Magnuson-Moss Warranty Act (the federal lemon law). Consult the experienced lemon law attorneys at Weisberg Consumer Law Group to learn your lemon law rights.
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And if you don’t have a lemon, ask to have your Truth In Lending Act and Fair Credit Reporting Act rights reviewed with regard to the financing and credit reporting for the loan, and inquire about your Fair Debt Collection Practices Act and repossession rights if you fall behind/plan on stopping payments. Also, investigate whether you are a victim of consumer fraud; if your vehicle suffered accident damage prior to purchase, has a “salvage” or “lemon law buyback” title, or its history was otherwise misrepresented or not disclosed, you may have additional rights.
Do I Have a Lemon?If the brakes don’t work, the car won’t go into reverse gear, the darn thing won’t start on cold mornings or hot afternoons, the rear door opens all by itself, the driver’s seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then yes, you may have a lemon, provided you’ve given the manufacturer a reasonable opportunity to repair the defect.
Moreover, the defect does not have to substantially impair the vehicle’s use, value, or safety to be considered a lemon. If the paint is peeling, the light switch came out when you pulled on it, the car makes “funny noises” but otherwise drives just fine, you may still have a lemon.
In most states, several different defects during the warranty period does not make the car a lemon, but a repair history like that would likely qualify under the federal lemon law. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem after as little as one attempt.
Do I Need a Lemon Law Lawyer?The answer may depend upon where you purchased or registered your vehicle. In some states and with proper documentation, you simply file a complaint. In other states, you will need to hire an experienced lemon law attorney who will not charge you, like Weisberg Consumer Law Group. But if you do nothing to protect your consumer rights, such as documenting your repairs and allowing the manufacturer a chance to fix the problem(s), you lose all rights under the various state lemon laws.
At Weisberg Consumer Law Group, we are devoted exclusively to lemon law and consumer protection litigation, and our lemon law services are always at no cost to you. Our attorneys have handled over ten thousand cases across the country, including hundreds of consumer arbitrations and jury trials, and recovered tens of millions of dollars for our clients in the process. Don’t delay, put our experience to work for you today and find out if you are entitled to a refund, vehicle replacement or cash compensation for your lemon. Fill out the form on this page for a free lemon law case review and to see how Weisberg Consumer Law Group can help you.
Who Pays the Lemon Law Lawyer?Not you, no matter what, with Weisberg Consumer Law Group. Under the Magnuson-Moss Warranty Act you will be awarded attorney fees if you win, and most state lemon laws also allow you to recover attorney fees. Note that attorney’s fees are based upon actual time expended and are separate from your recovery. If you do not prevail, there is no charge whatsoever for our services.
Is a Used or Leased Car Protected?It depends upon which state the car was purchased or leased in. Some states provide protection only for new cars. Other states include used and leased cars in their lemon law statutes while others have separate lemon laws for used vehicles. In some states, even the Attorney General is unable to tell you if a leased vehicle is covered due to the way the law is phrased and you will be referred to a lemon law attorney for clarification of the law. View the lemon law summary for your particular State to determine what is covered.
Are There any Other Consumer Laws to Know About When Purchasing a car?You won’t know if you have a lemon until sometime after you drive off the lot. But what about your rights before, during and after you buy that new or used car with regard to the car buying process itself? Several important federal laws, including laws for Truth in Lending, Fair Credit Reporting, Electronic Fund Transfers, Equal Credit Opportunities, and other car buying laws protect you at all stages of the car buying process. Submit your info for a free case review to determine whether any of these laws were violated with regard to your purchase and what to do if they were.
Are RVs, Motor Homes and Motorcycles Covered Under the Lemon Law?Most states cover the chassis portion of motor homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few states do include them in their lemon law statutes.
If you have a defective motorcycle, motorhome, used car, leased car, or a car used for business purposes and your state lemon law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).
Wondering What to do now About Your Vehicle Problems?If you think you might have a lemon, or otherwise want to know your vehicle laws rights, contact Weisberg Consumer Law Group today for a free, no obligation lemon law and vehicle rights case review. We represent consumers throughout the nation, and we are always free to the consumer.
At Car Lemon you will find state lemon law summaries for each of the fifty states, as well as for the Magnuson-Moss Warranty Act (the federal lemon law). Generally, the term “repair attempts” refers to one or more attempts to fix the same defect under the manufacturer’s written vehicle warranty coverage as opposed to multiple defects within the entire product (which generally falls under the days out of service category). Where the period covered lists more than 1 option, the period applies to the option which occurs first.
Alex Weisberg is the founding partner and managing attorney of the Weisberg Consumer Law Group, PA. Mr. Weisberg has been practicing consumer protection litigation exclusively since November of 2000. Mr. Weisberg has participated in hundreds of consumer arbitration hearings and has tried to jury verdict dozens of consumer protection cases in Florida, Illinois, Texas, New Mexico, Colorado and Washington.
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Lemon Law Attorney | Consumer Rights Lawyer | Weisberg Consumer Law Group
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