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How Does Lemon Law Work? Exploring Lemon Law

At Timothy Abeel & Associates, we are committed to making the claim process as simple as possible for our clients and maintaining our 5-star level of service. We can help answer questions like:

  • What is the Lemon Law definition, and does it apply to me?
  • How does Lemon Law Work
  • What is the Lemon Law for cars and how does it differ for new and used vehicles?
  • What is a Lemon Law claim, and how can I file one?
  • What types of problems are covered by the Lemon Law?
  • What are the Lemon Laws in my state?
  • How does the Lemon Car Law protect me?

If you live in Arizona, California, Florida, Georgia, Michigan, Oregon, New Jersey, Ohio, Oregon, Pennsylvania, Tennessee, Texas or West Virginia, and whether your case involves:

  • Lemon law claims,
  • Breach of your vehicle’s warranty, or
  • Dealer fraud,

We provide expert legal guidance and assertive representation to ensure your rights are protected.

 

10 Lemon Law Tips: How to Effectively Pursue Your Claim

 

If you suspect your vehicle is a lemon, here are some crucial tips to consider:

1. Don’t Delay

Timely action is critical. Lemon Laws have strict deadlines based on the purchase date or mileage (e.g., Arizona: 24 months/24,000 miles; California: 18 months/18,000 miles; Florida: 24 months; New Jersey: 24 months/24,000 miles; Ohio: 12 months/18,000 miles; Pennsylvania: 12 months/12,000 miles; Texas: 24 months/24,000 miles, West Virginia: 12 months.) Missing these can forfeit your right to claim. Deadlines also vary by state, so it’s important to know your specific state’s regulations. Act quickly if you suspect a lemon by confirming your rights and visiting the dealer immediately.

2. Create Meticulous Documentation

Success in a Lemon Law claim hinges on detailed evidence. Keep every relevant document—purchase agreements, repair orders, communication with the dealer or manufacturer, and any receipts related to the vehicle’s issues. Accurate repair orders should list all pertinent information about the issue, diagnosis, and repairs made. If details are inaccurate, request corrections or make detailed notes yourself.

3. Take Care of Your Vehicle

Maintain your vehicle according to manufacturer guidelines. Follow all recalls and keep repair documents. This helps ensure that manufacturers cannot attribute the defects to owner neglect.

4. Keep Up Your Vehicle Finance Payments 

Continue making vehicle payments during your Lemon Law dispute to avoid finance issues and ensure payments are included in any settlement.

5. Define Your Desired Outcome

Different remedies are available under Lemon Laws, including vehicle replacement or a refund of the purchase price. Decide early on your preferred outcome to guide negotiations and legal strategies. An expert Lemon Law attorney can advise on the best course of action based on your specific circumstances.

6. Understand State-Specific Laws

Lemon Laws vary by state. Although they are similar, they are not the same, and the differences are hugely important to your claim. Be aware of your state’s specific requirements and deadlines to avoid losing your right to claim. How does Lemon Law work in your state? Call us for personalized assistance! 

7. Talk to an Expert Before Making Changes

Making changes to the vehicle’s ownership or usage can affect your claim. Before transferring the title or altering the vehicle’s use, consult a legal professional to understand the potential impacts on your Lemon Law rights.

8. Understand Roles in the Lemon Law Process

Each party in the Lemon Law process has specific roles. Tell your dealer only the symptoms (e.g., shuddering, jerking), not your diagnosis (e.g., bad transmission). Incorrectly diagnosing the problem could allow the dealer to claim they haven’t had a reasonable number of attempts to address the actual issue, thus complicating your claim.

9. Know The Value of Legal Representation

Many people ask whether or not they really need a lawyer to handle their lemon problems. While it may seem daunting to engage an attorney, legal expertise is invaluable in navigating Lemon Law. Attorneys experienced in Lemon Law protection can prevent common pitfalls, handle negotiations, and ensure you receive the full compensation you’re entitled to. Remember, in successful Lemon Law claims, the manufacturer is responsible for covering legal fees.

10. Explore All Legal Options

State Lemon Laws apply to a limited category of purchasers (often purchasers of new vehicles for personal use) and types of vehicle, which differ depending on the state. If Lemon Laws do not cover your situation, other legal protections, such as the federal Magnuson-Moss Warranty Act, may still apply. A knowledgeable attorney can help explore all potential legal avenues when dealing with a problem vehicle.

At Timothy Abeel & Associates, we believe in fighting for consumers who are wrongly bearing the cost of a manufacturer’s flawed vehicle. Our staff has extensive Lemon Law knowledge, experience, and a reputation for getting our clients what they are entitled to under the law. If you think you have a lemon, contact us today by phone or via the contact form on our website for a free case review.

 

So, how does the Lemon Law work regarding my case? There are 7 short steps to getting the compensation you deserve:

 

The first step is to provide us with some written details about yourself, your complaint about a defect, the motor vehicle, and repair attempts. To determine whether you have a potential claim, we’ll need your contact information; the make, model and year of your vehicle; the general nature of your vehicle’s defects, and its servicing/repair history. It's easy to share this information via our online form. It will help us provide you with better advice about the dispute, answer your questions, and take effective legal action in your Lemon Law used vehicles case.

Regarding Lemon Law for vehicles and bringing claims on your behalf, we’ll need various documents from you, such as your sales or leasing contract and copies of your repair invoices. If you’re wondering, “Do Lemon Laws apply to used cars” the good news is that they do. You just need to provide the necessary documentation about the breakdowns and defects. Photos of defective parts or videos that show your vehicle malfunctioning in real time are also useful evidence for your claim. IF YOU HAVE THESE DOCUMENTS AND PHOTOS/VIDEOS READILY AVAILABLE WHEN YOU FILL OUT THE CASE REVIEW FORM, PLEASE UPLOAD THEM TO OUR WEBSITE AT THE SAME TIME YOU SUBMIT THE FORM.

It's important to know that to pursue a Lemon Law claim, you must continue to own or lease your vehicle while we handle your case. DO NOT SELL OR TRADE IN YOUR VEHICLE BEFORE YOUR CASE IS FULLY RESOLVED OR SETTLED.

If we resolve your case, you can get a cash settlement or your vehicle repurchased, including your down payment, trade-in value, monthly payments and taxes. So long as your car is safe to drive, continue to use your vehicle while we work on your case.

It is also important to keep your vehicle insured even if you have parked your vehicle, most states require you to keep a basic level of coverage. You may be able to reduce your insurance coverage if you are parking the vehicle during the case, but contact your insurance company to discuss that matter and your options with your insurer.

If your vehicle continues to have the same problems for which you made your claim—or it starts to exhibit additional defects—YOU MUST TAKE THE VEHICLE TO THE DEALER TO REPAIR THE CURRENT OR FUTURE ISSUES. Retain all invoices and other documents that the dealer gives you at each service appointment.

If your dealer does not provide you with documentation for one or more service visits, keep notes of the vehicle’s problems you discussed with the dealer, the dates the vehicle was serviced, and anything the dealer told you about your vehicle and its defects/repairs. Many people wondering whether Lemon Law applies to used cars often overlook the critical step of documenting the total number of visits to the repair shop and the specific repairs that were made. This is a crucial mistake.

Your claim has a better chance of a good outcome if we have evidence that your vehicle is continuing to malfunction. Additional photos and videos of your vehicle’s defective components and operational issues will make your case for compensation stronger.

The law requires you to be the owner or lessee of your vehicle at the time your case is resolved. Consequently, you must continue to make all loan or lease payments for your vehicle until we settle your case—even if the vehicle’s defects are preventing you from driving it. As you begin to unpack the question, “How do lemon laws work?” understanding this point is critical.

If you are exploring your options under Lemon Law, you might be concerned about the costs associated with our legal services. The good news is that if we agree to work on your case, you will not be required to pay us a retainer or any other fees. Consumer protection laws, like state Lemon Laws and the federal Magnuson-Moss Warranty Act, require the vehicle manufacturer to pay your attorneys’ fees and other claim-related expenses (such as the fees we pay to experts to inspect your vehicle and write a report).

Our team of legal professionals will help you understand the essentials of Lemon Law before proceeding with your case, ensuring that your rights are fully represented.

If we can’t get your case settled within 30-90 days, we are prepared to sue in court to get you the best result. Our office will pay to have an outside expert inspect your vehicle and write a report about its defects and how they are impacting the vehicle’s value and your ability to drive it. We’ll use this report to negotiate a settlement or as evidence in court.

YOU WILL NEVER BE RESPONSIBLE FOR ATTORNEYS’ FEES IF WE DON’T OBTAIN A SETTLEMENT OR OTHER COMPENSATION FOR YOU.

Get a New Car, Full Refund or Cash Settlement
If your car was manufactured between 2019 and 2024 we may be able to help. Contact us for more information.