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Lemon Law Lawyer:
Who Are They? What Do They Do?

February 12, 2021
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Lemon law lawyers understand how to investigate claims when a vehicle is not meeting performance, quality, or safety standards. There are civil laws in place that protect consumers, but it is a complicated body of law that requires you to meet specific standards.

Numerous state and federal rules apply to lemon law cases. Not understanding these rules can severely jeopardize your case. Consumer protection lawyers , such as lemon law lawyers, will ensure that you make confident decisions at every turn.

What is a lemon law lawyer?

A lemon law lawyer addresses legal matters that protect consumers’ rights and provides legal advice regarding vehicle defects. They have a strong understanding of which vehicles are eligible for these claims.

Consumers should consult with a lemon law lawyer if new or used cars show signs of being a “lemon.” They also represent cases where vehicles are still under manufacturer warranty and navigating defective vehicle claims, including valuation.

What are lemon laws?

Lemon laws offer a legal resolution to consumers who purchased defective vehicles. Consumers typically file claims against manufacturers and retailers related to performance and quality. Federal and state laws govern lemon laws throughout the United States.

Lemon laws that generally apply, including:

  • Magnuson-Moss Warranty Act
  • Implied warranty
  • Statutes of limitations
  • Contract laws
  • Breach of warranty laws

These laws are complicated. It would be helpful if you talked about your case with a lemon law lawyer to ensure that you do not make any legal mistakes.

Here is an article on lemon law .

What is a lemon?

A lemon is a vehicle that does not meet performance, safety, and quality standards. However, this term is subject to the legal definition, which means that it is critical to review how the law defines a lemon.

For many states, the vehicle must meet three conditions to be considered a lemon, including:

  • Requirement #1 : Have a significant defect that is covered by a warranty
  • Requirement #2 : Continue to experience the defect after several reasonable repair efforts
  • Requirement #3 : Be unable to use the vehicle for a certain amount of time, such as thirty days or more

The definition of a lemon will vary on a case-by-case basis. It is imperative to work with a lemon law lawyer to help you understand if your state’s lemon laws protect your case.

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What do lemon laws apply to?

In general, lemon laws apply to motor vehicles. They can also extend to pets, consumer, electronics, and more.

While all cases are unique, lemon laws can apply to the following:

  1. Cars
  2. Trucks
  3. Motorcycles
  4. Motorized scooters
  5. Commercial vehicles
  6. Construction vehicles
  7. Electronics
  8. And more

The most proactive way to determine if lemon laws apply to your case, speak with a consumer protection lawyer or lemon law lawyer. He or she can review the facts and circumstances of your case to establish which laws apply.

How do state lemon laws work?

Lemon laws at the state-level are different than at the federal level. While federal laws establish minimum requirements, states also have the right to enforce rules that differ.

State lemon laws work like this:

  1. Lemon laws vary from state-to-state
  2. State laws may be more stringent than federal laws
  3. You must hire a lawyer licensed to practice in the state
  4. States must meet federal minimum requirements
  5. Your case may go to civil courts at the district level

Here is another article on lemon laws .

What does a lemon law lawyer do?

Lemon law lawyers handle various issues daily, including negotiations, client communications, and obtaining evidence. They can work on behalf of consumers or commercial companies.

A lemon law lawyer will also:

  • Perform client intakes to determine if the case is actionable
  • Gather and preserve admissible evidence to present in demands
  • Use written and verbal communications to negotiate with liable parties
  • Work with experts and eyewitness to build a case’s standing
  • Document responses from liable parties to use as evidence
  • Provide ongoing legal support and advice to clients
  • Package a case for civil litigation in court if necessary
  • Assist with procuring a civil award or settlement on behalf of clients
  • Research case law and statutes that apply to lemon law cases

When you hire a lemon law lawyer to handle your case, he or she will address it from start-to-finish. Your attorney will also ensure that you do not miss any critical notification or filing deadlines. Doing so could also derail your case and prevent you from filing a claim.

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What to do if you find your used car is a lemon?

The most direct way to get a refund, repair, or replacement for your vehicle is to stay on top of every issue that occurs.

Follow these steps if you think your used car is a lemon:

  • Step 1 : Determine if your warranty covers the issues you are experiencing.
  • Step 2 : Look up the lemon laws in your state for clarification purposes.
  • Step 3 : Report the quality, performance, or safety issue to the manufacturer or dealership.
  • Step 4 : Initiate the buyback process if the vehicle cannot be prepared.
  • Step 5 : Speak with a lemon law lawyer if the dealership or manufacturer does not meet the agreement’s terms and conditions.

Report the issues you are facing to both the manufacturer and dealership so that it allows them to make it right. That is one requirement of state lemon laws. However, ensure that you work with an attorney who has experience with lemon laws if they do not abide by the original contract.

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Should you hire a lawyer for lemon law?

Lemon law lawyers know that the insurance system is stacked against consumers. A legal team often insulates dealers, retailers, and manufacturers with the sole purpose of protecting the bottom line. When it comes to paying you more money, the consumer is not at the top of priorities.

Since lemon laws are complicated and vary according to state laws, other obstacles may derail your claim. Companies may take too much time to answer complaints or try to enforce arbitration proceedings.

Here are a few reasons why you should hire a lemon law lawyer:

  • Reason #1 : He or she will handle the entire case for you
  • Reason #2 : You may have a better chance of succeeding
  • Reason #3 : You could walk away with a more significant settlement if your case has standing
  • Reason #4 : You will receive responsive legal care from experienced attorneys
  • Reason #5 : It is possible to better-prepare for opposition efforts
  • Reason #6 : You can clearly express your intent to insurance companies
  • Reason #7 : You won’t have to pay advance legal fees
  • Reason #8 : Your lawyer will build a stronger case if the evidence exists

There are other reasons why you should look for a lemon law lawyer rather than search for a “business lawyer near me,” “family attorney near me,” or “civil attorney near me.” Lemon law lawyers understand the laws that the “business lawyer attorney near me” cannot handle from experience.

Claims of bad faith and unfair dealing give consumers the right to pursue a claim. Protect yourself when manufacturers and dealerships push back against your rights.

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