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What are Your Rights?

 

If you own a lemon car, lemon truck, lemon RV, or lemon motorcycle, you have rights under your stateÕs laws, as well as rights under federal law. Although Lemon Laws vary from state to state, if your vehicle qualifies as a lemon, you may be entitled to:

  • Have your vehicle replaced with an identical or comparable model
  • Receive a refund of the price you paid for the vehicle, less a deduction for mileage
  • Reimbursement for other damages or costs associated with your lemon vehicle
  • Other damages, as well as punitive damages

The interests of dealers and manufacturers

If you own a lemon, youÕve probably experienced enormous frustration when youÕve taken your vehicle in for repair. You may have asked yourself why the dealer or manufacturer simply doesnÕt give you a replacement vehicle or refund. While this would happen in a perfect world, manufacturers and dealers want to save money. As a result, most of them use delay tactics or make you jump through hoops in the hope that you will either go away or that the Lemon Law time period (which differs from state to state, but is usually between one and two years after purchase) will expire. This is the reason why Lemon Laws were enacted in the first place.

The role of a Lemon Law attorney

Generally speaking, it's best to have an attorney represent you in your Lemon Law claim. While you donÕt need a Lemon Law lawyer in order to file a claim, having one will significantly increase the chances of getting the settlement you deserve. Vehicle manufacturers have powerful legal teams that are adept at avoiding Lemon Law claims, and often only obey the law when theyÕre faced with the threat of a lawsuit by Lemon Law attorneys. When they are, they usually settle very quickly, since they know that the cost of going to court will be much higher. For these reasons, it's in your best interest to have an advocate who knows the law and works on your behalf.

Some states require that you go through arbitration before filing a lawsuit, while others mandate it only if the manufacturer's arbitration process is certified, and still others leave the question of entering arbitration up to the consumer. In addition, you are not necessarily bound by the decision of the arbitrator. Even if you decide to enter arbitration, it is a good idea to have legal representation.

A good Lemon Law lawyer will work on your behalf to get the compensation to which youÕre entitled Š typically in the form of a settlement. Your Lemon Law attorney should conduct a thorough investigation of your vehicleÕs repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer or enter into arbitration.

The costs of a Lemon Law attorney

You shouldnÕt have to pay a Lemon Law lawyer to handle your Lemon Law case. That's because the law says that the manufacturer is responsible for paying the consumerÕs attorneyÕs fees in successful Lemon Law claims. Most of the time, manufacturers pay legal fees as part of settling your claim. If your case goes to trial or arbitration, the court will order the manufacturers to pay attorneyÕs fees. Either way, you shouldnÕt have to pay anything.

Remember, although you can file a Lemon Law claim on your own, itÕs in your best interest to have an attorney to fight for your rights. Click here for a free, no-obligation review of your case, or call 1-877-77-LEMON to speak with Lemon Law attorneys from Lemberg & Associates.