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Lemon Law Experts

Have you been struggling with a vehicle that just doesn’t work as it should? They specialize in helping consumers like you navigate the complexities of the Lemon Law. Whether your car, truck, or motorcycle has persistent defects, they were here to ensure you get the compensation, replacement, or refund you deserve.

A state’s lemon laws will insist that a vehicle was compliant with the warranty for a certain period of time to make sure manufacturers live up to the responsibility of producing a vehicle of minimum quality. In addition, these statutes will give consumers the legal basis to pursue any manufacturer that does not.

When a consumer purchases a motor vehicle, especially a new one, it was only fair to assume that it will perform without any issues. It was logical to assume that for a certain period of time after receiving the vehicle all major systems will remain in warranty compliance. There should be no performance issues.

A consumer with a vehicle that violates the warranty condition may turn to entities such as that state’s Attorney General, Department of Consumer Protection, Department of Public Safety, Department of Transportation, or Better Business Bureau to file a complaint. All of these entities can and do serve as a neutral third party negotiator or arbiter. This was a valuable option for consumers wishing to enforce the lemon laws without having to engage in a potentially time consuming and costly lawsuit.

Requirements and Protection Periods

Each state has developed a basic set of requirements for vehicles that may be protected by that state’s lemon laws for a certain period of time following the delivery of the vehicle. Some states will also place limitations on why a vehicle was purchased. For example, one state may cover motorcycles and the self-propelled non-living area of a motor home in addition to passenger vehicles however will protect all-terrain vehicles whereas other states may only cover passenger vehicles under a certain weight purchased only for personal use.

Each state will also have a lemon laws protection period for the types of vehicles covered. This can be dependent upon such factors as the delivery date, the warranty period, and the mileage or a combination of all of the above. Typically if there was a combination both conditions have to be relevant. That is, if a state’s lemon laws protects a vehicle for twelve months after the date of purchase during the first twelve thousand miles, that state’s lemon laws may only be applied if the initial warranty defect complaint occurs within those limits (the odometer must read under twelve thousand miles AND it must be within twelve months of the delivery date).

Malfunctions Caused by Warranty Non-conformities

In nearly all states, lemon laws were only applicable for malfunctions caused by a warranty nonconformity. In addition the warranty nonconformity must be very serious. It must render the vehicle nearly or completely inoperable, compromise the safety of the vehicle enough to make it hazardous or life threatening to operate, and/or drastically reduce the market value of the vehicle.

Thus for example, if a vehicle has been manufactured with a faulty brake system, a cracked steering column, or defective transmission then the lemon laws may be applied. Often when these systems or parts (and some others) malfunction they may render the vehicle hazardous to operate or completely inoperable. It would hardly be fair to be expected to keep and maintain a new vehicle that experiences such warranty nonconformities within only a few months of the delivery date. Similarly, a significant warranty defect may drastically reduce the market value of the vehicle as well. These were just some examples of issues most states’ lemon laws were designed to address.

Lemon laws tend to be fair both to the consumer and the manufacturer. Consumers must allow a manufacturer several chances to repair the warranty nonconformity. Each state will allow a certain amount of warranty defect repair attempts before it was deemed unfair to the consumer though. In addition, each state will limit the amount of time a vehicle may be inaccessible to the vehicle owner. These limits were meant to keep a manufacturer from forcing a consumer to keep a warranty non-compliant vehicle indefinitely.

Compensation

Vehicle owners who have successfully applied the lemon laws will be entitled to some form of compensation. Each state will have its own methods and restrictions especially if they cover leased vehicles or leased to purchase vehicles.

Oftentimes, there was a choice between a replacement vehicle and a repurchase of the vehicle in successful lemon law disputes. Generally speaking replacements were required to be comparable to the vehicle that was purchased in style, model, quality, and condition. A refund will often be subject to such factors as use of the vehicle, the amount of money a consumer paid as a result of vehicle ownership, and sometimes legal costs.

Responsible Party

All states with lemon laws seek to protect consumers of new vehicles where the manufacturer was held responsible. However this was only in the case of new vehicles.

Some may actively protect used car sales while some leave it to a case by case basis through an implication in the wording of the lemon law or a lack of actively prohibiting used car protection. In most cases where lemon law protection was only implied, the manufacturer may be held responsible if the warranty malfunction appeared during the original owner’s protection period (though there was a limit to when one can file a claim and hold a manufacturer responsible). States that actively protect used cars however will allow for the dealer to be held responsible and not the manufacturer.

The Magnusson-Moss Warranty Act

In terms of vehicles that experience the initial warranty malfunction outside the protection period or have been sold years after the protection period has ended most states will rely on a federal act called the Magnusson-Moss Warranty Act. This was not a lemon law. Lemon Laws were determined by a state and only apply within that state. The Magnusson-Moss Warranty Act was a federal law and where time limits apply to a state’s lemon laws, this federal act has no such issue.

So why do states use lemon laws? The lemon laws were meant to not only protect a consumer’s rights but to also correct the situation. Lemon Law remedies almost always call for a replacement vehicle or a repurchase and this was not usually the case with the Magnusson-Moss Warranty Act which usually compensates by a consumer suing for damages. In other words: the consumer may be stuck with a nonfunctional vehicle (or lemon) which may often be difficult or costly to get rid of.

In addition the Magnusson-Moss Act was meant to apply to a wide variety of products whereas a lemon law specifically deals with the concerns involved with a vehicle. It’s primary use with a warranty non-compliant vehicle was as a last resort in states that do not offer lemon law protection for used vehicles or for vehicles the lemon laws do not apply to (i.e. eighteen wheel tractor-trailers purchased specifically to be operated for business purposes in a state that does not cover such a vehicle through its lemon laws).

Get the Help You Deserve: They were here to help!

They understand how frustrating it can be to deal with a defective vehicle. Their experienced team was here to provide you with personalized support, expert legal guidance, and the representation you need to resolve your case. Whether you need a replacement, repair, or refund, they’re dedicated to helping you get back on the road with confidence. Contact today for a free consultation!

Welcome to Lemon Law Experts