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What is a Lemon?
A vehicle that continues to have a defect that substantially impairs its use, value, or
safety. Generally, if the car has been repaired three (3) or more times for the same
defect within the warranty period and the defect has not been fixed, the car qualifies as
a lemon. All states differ so you should consult us by submitting the "Lemon
Form" for a FREE legal opinion. Note that the warranty period may or may not coincide
with the manufacturer's warranty. Submit
a free on-line case evaluation and one of our experienced
consumer protection attorneys will review your case at no cost.
Do I have 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, or you found 10 things you don't
like about your new car but none of them prevent you from driving it, then you may have a
lemon automobile and could be entitled to a full
refund. 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. Providing you've given
the manufacturer an opportunity to repair the defect. In most states, 10 different defects
during the warranty period does not brand the car as a lemon. In some states, a single
defect that might cause serious injury makes your car a lemon if the manufacturer cannot
fix the problem within 1 attempt. You may have a lemon, 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 may lose all rights under the various state warranty
acts and the federal Magnuson-Moss Act.
Do I need a Lawyer?
Absolutely. First of all, an attorney is FREE if you sign up with Simanovsky & Associates, LLC. Also, your state's department of consumer affairs may give you misleading
information, because they only tell you about your legal rights under state law. By using
their information you may end up going through needless arbitrations and mediations. This
wastes your time and money. The only way to ensure that ALL your legal rights are
protected, including federal rights under the Magnuson-Moss Act, is to contact one of our
attorneys. REMEMBER: the phone call or Email is FREE, but the information is invaluable!!!
Who pays the Lawyer?
Only about half of the states allow you to recover attorney fees. If your attorney sues
under the Magnuson-Moss Warranty Act, you will be awarded attorney fees if you win. Note
that an attorney's fee is based upon actual time expended rather than being tied to any
percentage of the recovery. Thus, you should never have to pay for any legal fees. If a
law firm quotes you a price for legal fees, run away, FAST!! Our legal services are
FREE!!!
Is a Used or Leased Car protected?
Some states have separate laws for used vehicles. Some states provide protection only for
new cars. However, federal law under the Magnuson-Moss Act protects used and leased
vehicles. Contact us to find out whether your car qualifies as a lemon.
What about Motor Homes and Motorcycles?
Most states cover the drive train 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, motor home, 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 Act (providing you were given a written warranty).
Consult with one
of our attorneys that specializes in this area.
Click
here for a Free Lemon Law Case Evaluation
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