Guide To Pursue A Lemon Law Claim For Purchased Vehicle
Purchasing what turns out to be a lemon car can leave you feeling angry, stressed, and cheated. Despite promises of quality from dealers and manufacturers, some new or used vehicles slip through the cracks with serious mechanical flaws. When automakers fail to permanently repair major defects after several repair attempts, consumers can file a lemon law claim.
Familiarizing yourself with the nuances in your state’s lemon law is the critical starting point after buying a “lemon”. While designed to protect consumers, understanding lemon law qualification details, documentation requirements, and your rights can be confusing for non-lawyers.
Also Read: How to Know if My Car is a Lemon?
Reasons To Pursue A Lemon Law Claim For Purchased Vehicle
If you’ve acquired a lemon car, you may be eligible to file a lemon law claim to recoup your losses. Here are key steps to take when pursuing a lemon law claim:
Document Everything When You Begin A Lemon Law Claim
Keep detailed records about your lemon vehicle. This includes:
- Sales contract and paperwork from the dealership
- Repair invoices
- Notes from conversations with the manufacturer and dealer
- Days out of service
- Correspondence about the defects
Thorough documentation is crucial to proving your case. Having solid records shows you gave the manufacturer a reasonable number of chances to fix the car.
Review the Laws Involving Claim For Lemon Law
Lemon laws differ by state. Research the specific laws in your area so you understand qualifying factors like:
- The number of repair chances the manufacturer gets
- The length of the manufacturer’s warranty
- The current mileage on the vehicle
- The length of ownership
For example, if you have purchased a used car then research the law surrounding California Lemon Law for used cars. Reviewing your rights under state lemon law statutes sets clear expectations for the next steps.
Get a Lemon Law Lawyer
Work with lemon law experts to discuss the specifics of your situation. An experienced lawyer can analyze your case details and advise if you qualify to file a claim. They also manage communications with the manufacturer and walk you through the process.
If you have bought a used car and it turned out to be a lemon, look for a used car lemon law attorney in California to represent your case. Hiring a lawyer who specializes improves your chances of getting compensation.
Send a Lemon Law Notice Letter
The Lemon Law notice letter acts as an official record that you notified the manufacturer of the vehicle’s defects and tried to resolve the issue before taking legal action. The letter should be sent by certified mail with a return receipt so there’s proof it arrived. Be sure to include specific details like:
- A timeline of repair attempts
- Who performed the repairs
- Which components continue malfunctioning
- The number of days out of servic
Provide copies of all repair orders, rental car invoices, or other related expenses. Precise
documentation helps demonstrate how this defect has impacted you financially.
Submit to an Independent Inspection
Before approving a refund or replacement, most state lemon laws allow the manufacturer to inspect the vehicle themselves. There are many car inspection services in Los Angeles. This third-party evaluation verifies if the car’s defects still exist or have been resolved. Look for a cheap car inspection service that is highly rated!
When scheduling the Lemon car inspection, clarify who pays for the inspection under your state laws. In California, for example, the automaker covers the cost if they require the inspection.
Attempt Arbitration
If the manufacturer disputes approving a repurchase or replacement after the inspection, they may push for third-party arbitration first. Most state lemon laws require participating in arbitration before you can file a lawsuit. Here, both sides present evidence to an independent arbitrator or panel. They then render a legally binding decision about your eligibility for compensation under lemon law.
Unlike lengthy court proceedings, arbitration aims to resolve lemon law disputes more quickly and affordably. It provides a structured process for an impartial arbiter to assess your situation firsthand.
File a Lemon Law Lawsuit
If the seller outright denies your claim or rejects the arbitrator’s pro-consumer decision, taking them to court is the next step. Filing a lawsuit under your state’s lemon law statute means your case goes before a judge or jury trial. Your attorney handles tasks like submitting motions, arranging depositions, and gathering evidence to prove the car’s defects.
Manufacturers often settle out of court once sued to avoid even costlier legal fees or publicity damage. However, be prepared to invest significant time and money if your claim does go to trial. Providing extensive records showing the inability to permanently fix the vehicle despite prompt efforts helps demonstrate your reasonable reliance on lemon law protection. Consult an attorney to understand the unique litigation risks based on your state. With proper evidence, used car owners also get fair relief under California’s used car lemon law.
Recover Damages
State lemon laws allow you to recoup financial losses from the defective car like:
- Reimbursement of the vehicle purchase cost
- Sales tax and other official fees
- Costs of installing non-standard equipment
- Finance charges accrued
- Towing and rental car costs
You can potentially recover significant out-of-pocket expenses thanks to these laws.
Return the Vehicle
Once your lemon law claim gets approved, you must sign over ownership of the defective vehicle back to the manufacturer. This includes providing the title with your signature releasing interest in the car. Make arrangements with the automaker to drop the vehicle off at a designated dealership or shipping location.
Get a Replacement or Refund
Once you return the lemon car, the automaker must provide a refund or a brand-new replacement vehicle. You get to decide which option works best to make up for the major inconvenience.
Pursuing a lemon law claim takes serious effort, but is worthwhile if you’re stuck with a defective car. Seeking qualified legal advice ensures you understand the law and maximizes your chances of success. With persistence and documentation, you can hold automakers accountable for lemons.
Also Read: What are My Rights under the Lemon Law in California?
Conclusion
Buying a used car is always a bit risky, but our professional mobile inspection services give you serious peace of mind. Our ASE master-certified technicians have seen thousands of vehicles over the years in the industry.
We thoroughly inspect the car, including test driving and putting the car up on lifts to photograph the undercarriage. You’ll receive a detailed report assessing worn components, accident damage, flood exposure risk, and any glaring issues.
For those who unfortunately discover they purchased a lemon, we provide key inspection evidence to support your consumer rights case or California used car lemon law claim as well. Let us lend professional eyes before you invest in any pre-owned car.
FAQs
How do I know if my vehicle qualifies as a “lemon”?
Specifics vary by state, but generally, a vehicle may qualify if it has a defect covered by warranty that substantially impairs its use, value, or safety, and the issue cannot be repaired after a reasonable number of repair attempts.
What should I do if I think I have a lemon?
Document all repairs by keeping detailed records and receipts. Then notify the manufacturer in writing about the defect and your desire to pursue a lemon law claim.
What remedies are available under lemon laws?
Common remedies include a replacement vehicle, a full refund of the purchase price, or compensation for the lemon vehicle’s diminished value.
Do I need a lawyer to file a lemon law claim?
While not legally required, hiring an attorney experienced in lemon law claims can greatly improve your chances of a successful outcome and the best possible remedy.
Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to learn more about pursuing a lemon law.