Basics of Used Car Lemon Laws
Lemon laws are designed to protect consumers who purchase a defective vehicle. There are several different types of lemon laws, with a significant distinction being for new vehicles and used ones. Some states have lemon laws for used cars as well, but these laws are all different. In addition, not every state has lemon laws for used cars.
When lemon laws do exist for used cars, the qualifications for a car to be considered a lemon are much stricter than that which would apply to a new vehicle. One reason is that a car that is purchased used has likely had previous owners, and it may not be known whether those owners mistreated the car. In addition , a specific amount of time must pass in which the car must begin experiencing the same problems multiple times in order to be protected by lemon laws, such as beyond three service attempts for the same issue.
Lemon laws do not exist for all used cars, and in most of the states that have lemon laws for used vehicles, only certified pre-owned vehicles are eligible. A consumer may be able to recover money for repairs, replacement of the vehicle or a loss of the vehicle due to its being damaged. However, lemon laws differ from state to state, and not all used cars are protected.
Indicators Your Used Car is a Lemon
If your used car is showing any of the following signs, you may have a lemon on your hands:
Steering problems. Used cars with loosy-goosy steering or steering wheels that vibrate uncomfortably can be a signal that something is amiss. Difficulty in steering left or right might even be a sign of a problem with the rack and pinion steering gear.
Suspension problems. Cannot get comfortable while driving is a big red flag. A rough and bumpy ride is a sign that the shock absorbers are defective, and worse, the struts are shot. The struts are critical when it comes to lateral stability and vertical support. You will know when a strut is bad by a clunking noise, or if it bounces a lot when pressing down and releasing.
Electrical problems. Lights or alerts that flicker on and off, radios that malfunction, and window operation that is erratic or poor are signs that the used car has electrical problems. They may be signs of a lack of connection, or worse, that the wires are faulty and need to be replaced.
Motor problems. If your used car’s motor sounds like a train on a track, or makes distressing noises that are hard to define, there is a good chance a claim can be made under state used car lemon laws. Obvious signs include smoke and unusual noises, drips beneath the vehicle, or an engine that overheats.
Role of a Lawyer in a Lemon Law Case
An experienced attorney could have a great role in a lemon law case. A lawyer could assist you in many ways, such as gathering evidence and negotiating with sellers. An attorney could also advise you regarding whether to take on the case, file a lawsuit or go to see the dealer one more time in order to gather more evidence.
Gather Evidence
Clearly, an experienced Lemon Law attorney should be able to evaluate the situation and provide you with some feedback. An attorney should be able to get you through the situation as fast as possible.
Negotiate with the Seller
An attorney can help you tremendously in case the seller admits to the defect. In this scenario, a lawyer can negotiate a settlement, discuss your options – whether you want monetary damages or a new vehicle, for instance – and basically make the process much easier and faster than it would be without your attorney.
Go to Court
In the case of some lemon law claims an attorney can dispute with a seller at court. The attorney represents a client and his interests in the matter. An attorney can take the deposition of a service person, a technician or even a dealer representative to get evidence in the form of testimony.
Tips on Hiring a Lemon Law Lawyer
Finding the right attorney can be the most important step in the process, because an experienced attorney knows when he is dealing with a lemon. An experienced attorney knows what to look for and how to document the details of your case as part of a stronger lemon law lemon. The lemon law case itself is a complicated process and how a client is handled in the beginning is just as important as the outcome of the case.
It is important to try to find an experienced lemon law attorney, particularly one that handles lemon law claims as a large portion of its practice. In such cases, you may have the opportunity to talk to other clients who used that attorney or firm, as former clients are great sources of information about an attorney’s performance.
It is also wise to check an attorney’s credentials. Has he or she been an accredited member of the Better Business Bureau (BBB) for a length of time? A good score with the BBB is always a good indicator that an attorney is doing a good job for clients. Also check the attorney’s state bar association rating and whether that attorney has any complaints filed against him or her. In some states , complaints filed against attorneys are public record.
Client reviews found on an attorney Aother information on the Internet, including reviews from multiple sources, can be two-edged swords. Any attorney, even the most experienced and well-regarded, can have a few unhappy clients. However, if most of the reviews are bad, you are probably paying attention to the right warning flags. Ratings and reviews can be a good starting point to finding the right attorney to handle your lemon law case.
An additional source for good information about lemon law attorneys is your State’s Bar Association. Many bar associations offer ratings on attorneys and include reviews from clients, practicing attorneys and judges. While no rating is perfect, some State Bars offer a more comprehensive rating system than others do.
Finally, ask questions. You may be surprised and find that one lemon law attorney’s passion for his or her work can add a lot to the satisfaction you feel at having chosen the right lemon law attorney for you.
What You Should Anticipate from the Legal Process
When you retain a lemon law attorney, he or she will first help you gather the necessary documentation and take steps to determine if your vehicle is a lemon under federal or state law. The attorney will review the Lemon Law statutes for your state and the federal Magnusson-Moss Warranty Act to determine which laws apply to your situation.
In most cases, if a lemon law attorney believes you could win a lemon law claim they will agree to represent you. Your lawyer will likely start by requesting a full history of your vehicle’s warranty repairs. Depending on the specific lemon law process in your state, you may or may not be required to file a lawsuit or petition the court for a hearing. If you have to go before a judge, the attorney will represent you and present evidence on your behalf. Once a ruling is made on your case, you will be free to continue using the vehicle as normal, although there are no guarantees it won’t have further problems. Since Lemon Law claims can be a bit complicated, the average timeframe from start to finish is anywhere from four months to two years or more.
Advantages to Hiring a Specialised Lawyer
There are many benefits to hiring an attorney who specializes in lemon law cases. First and foremost, a lemon law attorney has specific expertise in lemon law issues. Their focus on lemon law cases means they have detailed knowledge of the law and the manufacturing companies. This means they can provide crucial legal advice and services at every stage of the process.
In addition to their legal expertise, a lemon law attorney knows how to navigate the process. A lemon law case often requires a great deal of paperwork and communication with multiple parties. The situation is further complicated by the consumer’s need to speak to the car company , car dealership, and a government authority. Each party has different rules and requirements, which can lead to additional problems. An experienced attorney can help you navigate this process and ensure that your claim moves quickly.
In addition, an experienced attorney has an established track record and a proven history of success handling similar cases. By reviewing their history of past cases and successful settlements, you can gain advance knowledge of what to expect during the process.