If the defect in my car did not arise within the Lemon Law period, might I still have a claim?
Yes, there is an alternative to Lemon Law called the Magnuson-Moss Warranty Act. This Act states that if a defect arises within the manufacturer’s warranty period that cannot be fixed within a reasonable amount of time or number of attempts, you may be entitled to damages. Those damages may include a percentage of your purchase or lease price back.
What if I had a defect but have not returned to a dealership for repair?
You may still have a claim. Take your vehicle to the dealership as soon as possible and report the problem. Make sure that this visit is documented on a repair order.
Our expert mechanics will evaluate your case.
What if I cannot find my purchase documents and/or repair orders but I returned multiple times for a problem? Can You still help me?
Yes. Our offices can either assist you in obtaining this information and/or can obtain it through a subpoena. A subpoena is a court order requesting that certain information be given to the person requesting it.
How does the buyback process work?
The manufacturer will take possession of the vehicle and refund you all monies put toward the vehicle, along with paying off any outstanding loan. This may not include sales tax or other fees, but steps can be taken to be refunded this money through other means. There are other deductions that may be taken as well, which vary on a state by state basis. For example, most states include a deduction for mileage.
How does a vehicle replacement work?
The manufacturer will replace your vehicle with one of the same or higher MSRP. You pick out the vehicle and are responsible for any difference in MSRP.
Am I responsible for the payment legal fees/costs?
No. The Lemon Law and Breach of Warranty statutes permit a prevailing party to recover attorney fees and costs from the manufacturer.
*An exception to this is any claim that falls solely under the Uniform Commercial Code (UCC). These claims are generally those for commercial vehicles (ie. heavy duty trucks) that are not manufactured for personal use. In these cases, a contingency agreement is signed with our clients. Under these agreements, our firm retains a percentage of any recovery received to recoup these costs and fees. If no recovery is received, our clients are still not responsible for the payment of these costs and fees.
How can I assist in strengthening my lemon law or breach of warranty claim?
Be sure to document as much as possible. Every visit to the dealership should result in a repair order documenting your visit, but sometimes this doesn’t happen. Creating your own “diary” or visit log is helpful and will assist in documenting the case.
Do I have to keep possession of the vehicle throughout the entirety of the litigation?
It is strongly advised that you keep the vehicle until the end of the case. Most state Lemon Laws require that you maintain possession of the vehicle (meaning the vehicle is not traded into a dealership or sold to another party) to qualify. Breach of Warranty does not require that you maintain possession of the vehicle, but a case is stronger when you keep the vehicle rather than trading it in or selling it.
Avg. Days To Settlement: 55
If I obtain a cash settlement, will my car be branded a lemon?
If you obtain a cash settlement under Breach of Warranty, the car will not be branded a lemon. The only time a car is branded a lemon is if it is bought back or replaced by the manufacturer under your state’s Lemon Law.
How does the litigation process work?
Depending on your vehicle manufacturer, we will either file suit immediately or submit your claim directly to the manufacturer. Either way, we strive to quickly resolve your claim, but each case is different. Some require more time than others, however, we always work to ensure that the litigation process is as easy and convenient as possible for you. Click here for full details on the process.
Do I have to submit my claim to the Better Business Bureau or National Center for Dispute Resolution?
Depending on the manufacturer, we may have to initially submit the claim to a settlement dispute center. However, we are not bound by any decision.
Can I continue to take my vehicle in for repair during this process?
Yes. If the problem continues during the litigation process, it is actually recommended that you return to the dealership for further diagnosis. Be sure to get a repair order for every visit, whether an actual repair was performed or not.
Is my warranty still valid during this process?
Yes, the remainder of your warranty is still valid during the litigation process.