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Whether your vehicle is covered by lemon law or not, it is a good idea to seek legal advice from an attorney who can guide you through the process. They can help you prepare documentation and support your claims in court.
Whether your car is eligible for Lemon Law buyback or replacement depends on the defect type and how many repair attempts have been made. Robison Lemon Law Group focuses on helping consumers receive compensation for their defective vehicles.
The Song-Beverly Consumer Warranty Act
The Song-Beverly Consumer Warranty Act, also known as California's lemon law, is a piece of state legislation that helps level the playing field between automobile manufacturers & car dealers. This law covers various consumer goods and can allow you if you've purchased a new vehicle with serious issues that prevent it from operating as intended.
Cars are prone to several manufacturer defects, faulty parts, & serious issues that could render them useless. For many consumers, buying a new or used vehicle is one of their most significant financial decisions. Unfortunately, these defects may leave you stranded on the side of the road or without a functioning vehicle to get to work.
To invoke the lemon law, you must be able to demonstrate that your car is a lemon after it has undergone a reasonable number of repair attempts. This is based on repair records and when the car was out of commission.
Once you prove your car is a lemon, the manufacturer must repurchase or replace it. This law may also entitle you to any taxes and registration fees you paid for the vehicle in addition to the reimbursement of the purchase price. It's vital to remember that not all consumers will be eligible under this law and that the criteria may be difficult to meet. See a top California lemon law attorney to determine if you qualify for the state's safeguards.
The Magnuson-Moss Warranty Act
Federal legislation called the Magnuson-Moss Warranty Act aids in defending state-level consumers from faulty or subpar consumer goods. Additionally, it precludes producers from attempting to deny consumers' rights via a clause in a contract that is frequently included in product or vehicle purchase agreements. These rights can be explained, and an expert lemon law attorney can assist you in submitting a claim.
According to the law, a lemon is a car, appliance, or other consumer good with a significant mechanical flaw that can't be fixed after a fair number of efforts. It covers vehicles under warranty, but it also extends to other products akin to cars in terms of use and value.
Under the law, if a consumer successfully claims, they can get a refund, replacement vehicle, or cash compensation from the car manufacturer. Some states, including New York, allow consumers to recover their attorneys' fees.
Before filing a claim under the Magnuson-Moss Act, a consumer must participate in a state-run arbitration program or the manufacturer's dispute resolution system. Having an experienced lemon law attorney on your side can help ensure you receive the compensation you deserve.
Keeping up with your payments is important if your vehicle is financed or leased. Failure to do so could result in repossession and negatively impact your case. Once your case resolves, you can typically use the settlement funds to pay off what remains of your auto loan or lease and then seek a new vehicle without the persistent problems of your old one.
The Uniform Commercial Code
The Uniform Commercial Code (UCC) rules govern all goods or services transactions. While it does not specifically address lemon laws, it does impose guidelines to prevent manufacturers from drafting unfair warranties.
A manufacturer's written warranty usually accompanies the purchase of most new vehicles. This warranty promises that any defects covered will be repaired within a specified time and mileage limit. If the manufacturer fails to repair the defect after a reasonable number of attempts, a car buyer may qualify for lemon law protection.
When filing a lemon law claim, keeping all repair orders, sales or lease contracts, financing documents, and any other records related to the vehicle purchase is important. These documents will be helpful to a lemon lawyer, who will review them to ensure that all necessary information is included in a case.
The attorney will contact the manufacturer to discuss a resolution if the car is a lemon. Depending on the state, this can involve participating in a dispute settlement program or bringing a lawsuit.
If the manufacturer cannot agree to a solution with the consumer, the court can award compensation as a cash payment or replacement vehicle. Sometimes, the court may also award attorneys' fees to the successful consumer.
The Texas Deceptive Trade Practices Act
Lemon law originally referred to laws designed to protect consumers who bought defective automobiles. Still, it has since evolved to cover various consumer goods and services. The Texas Deceptive Trade Practices Act (DTPA) prohibits many business practices deemed false, misleading or deceptive. It allows consumers to sue for damages when these bad actors harm them.
The DTPA can be used with lemon laws and other consumer protection statutes, such as the Uniform Commercial Code and financial consumer protection laws. A local lemon law attorney can help consumers understand these other statutes and how they can apply to their situations.
Generally speaking, a vehicle is considered a lemon if it has been out of service for a significant amount of time due to repair attempts or if the manufacturer has not satisfactorily resolved the major defect in a reasonable number of attempts. The exact criteria vary by state, so you will want to work with a local lemon law attorney familiar with your jurisdiction's rules.
Most states require consumers to first participate in the manufacturer's arbitration program if it complies with federal regulations and the state lemon law before filing a lawsuit for relief under the law. A local lemon law attorney can help you navigate this process and may also be able to help you win your case in court even if the manufacturer chooses to arbitrate the dispute.
