Law attorneys are usually the best way to find out about Lemon Laws. Lemon law was created because of all the problems car owners would experience with their new car purchase, whether it be an electrical problem, engine performance issue, or even a rusting frame. In some states, Lemon Laws can protect you from your vehicle’s manufacturer for as long as four years after you buy the vehicle.
History of the Lemon Law
Lemon Law is also known as Lemon Motor Vehicle Protection Act, and some say its history started in 1970 with Gorman v. Fords Motor Co., Inc. During this case, Mr. Gorman had his lemon truck repossessed by Ford’s finance company due to outstanding delinquency charges on a loan he made for a down payment on the truck. He sued Ford for false advertising and breach of contract.
Ford argued that the truck was a commercial vehicle and not a consumer product, which exempted it from state Lemon Laws. The court ruled that Mr. Gorman’s truck was, in fact, a consumer product and that Ford had violated the state Lemon Law.
This case helped Lemon Laws gain some recognition and gave car buyers some more rights regarding defective vehicles. Lemon Laws have been amended and revised over the years since then to provide better protection for consumers who buy new cars.
Car manufacturers must now abide by strict guidelines for recalls, warranties, and defects. If you experience any problems with your new car, be sure to contact Lemon Law attorneys who specialize in Lemon Law cases.
What Can A Lemon Law Attorney Do For You?
If you have a lemon vehicle, a Lemon Law attorney can help you get it fixed or replaced. They know the ins and outs of Lemon Laws and can help you get the best possible outcome for your situation.
Attorneys who specialize in Lemon Laws know the deadlines that need to be met and the steps to be taken to file a successful claim. They can also represent you in court if necessary.
If you have a lemon car, truck, SUV, or motorcycle, contact a Lemon Law attorney today to see what they can do for you. You may be entitled to a fix or replacement under the law.
Steps A Lemon Law Attorney Will Take To Help You Win Your Case
Most attorneys offer the first visit as a free consultation. This is where you can find out what the attorney can do for you, and they will evaluate the situation to see if you have a case. These are the steps the attorney will review and follow in order if you have a chance:
- Review your Lemon Law Rights;
- Evaluate your car’s history and defects;
- Draft a legal complaint;
- Serve the complaint to the manufacturer;
- Attend a hearing with the manufacturer;
- Get a judgment in your favor;
- Enforce the judgment;
- Collect damages.
What Makes a Vehicle a Lemon?
A Lemon Vehicle is a car that has been repaired too often with severe issues, and the manufacturer or dealer won’t replace it. Lemon laws exist to protect consumers from buying such cars.
Lemon vehicles are generally determined by state law, but the Lemon Law definition varies. For example, in South Carolina, a Lemon vehicle will be replaced if it is out of service due to repair attempts for 30 days during its warranty period; any other vehicle may only receive one repair attempt before being declared a Lemon.
Meanwhile, in New York, there must be at least four repair attempts made within an 18-month warranty period (36 months for leased vehicles).
These are just two examples of Lemon Laws throughout the United States, so the Lemon Law definition may be different depending on where you live.
If you think you may have a Lemon Vehicle, speaking to an experienced Lemon Law Attorney is vital. They can help you understand your state’s Lemon Laws and determine if your vehicle qualifies.
Many Cases Are Settled Out of Court
If you find out you own a lemon vehicle, you wonder, is there anything you can do to avoid going to court? Lemon law attorneys often deal with cases that are settled out of court. The manufacturer knows that they cannot win the case if it goes to trial. By settling, both sides can avoid a lengthy and costly legal battle.
This was certainly the case for a recent settlement between a car manufacturer and a Lemon Law client. The client had originally brought the case to court, but the manufacturer quickly realized that they would lose. So, they agreed to settle out of court for a sum that was much less than what the client would have received if they had won in court.
This is why Lemon Law cases are often settled out of court because the manufacturer knows that they will have to provide a new or replacement vehicle, as well as pay all legal fees. It can add up to a large sum of money, which is why many manufacturers choose to settle out of court instead.