It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are cons...read more
It is estimated that more than 150,000 cars annually, or about one percent of all new cars, are considered lemons. Although state and federal lemon laws vary, a lemon is generally considered any vehicle that has repeated defects or non-conformities that cannot be repaired after a reasonable time or a reasonable number of attempts. If you want to take advantage of state and federal lemon laws for car purchases, it’s important to understand what qualifies as a lemon and what steps you need to take to put yourself in the best position to receive maximum possible relief under the law. The attorneys at Krohn & Moss, Ltd. Consumer Law Center® have worked in this area of law since 1995 and can help you assess your claims and counsel you on the best course of action for moving forward. Should you qualify for relief, we will do our best to ensure that you settle your claims for what the law entitles, which may be a refund for your car, a replacement vehicle, or monetary compensation in other instances. We will also not charge you a fee unless you win or settle your case.
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer t...read more
Before being able to reap the benefits of the lemon law, you must allow the manufacturer or dealer to make a reasonable number of attempts or you must provide them with a reasonable time to fix the issues before your vehicle may be considered a lemon. Although every state law varies, most states require that the consumer provide the manufacturer or its dealers with at least3 times or 30 days to fix a vehicle defect or non-conformity. In some states, as little as 1 repair attempt may be sufficient to deem a car a lemon if the defect is something that affects the safety of the vehicle.
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the ...read more
Most state lemon laws require that for the car owner or lessee to recover, they must prove that the defect or non-conformity substantially impairs the use, value or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, very well might be depending on how it affects you. For instance, even something that is seemingly as minor as the illumination of a light on your dash board might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle every time you get behind the wheel. It is for this reason that you should speak to an experienced lemon law attorney who may assess your rights and tell you their opinion on what you may recover. Keep in mind, that the federal Lemon Law has no requirement that the defects in the vehicle be substantial. Rather, the federal Act looks to the obligations of the manufacturer to repair your vehicle as detailed in your warranty. Notably, the typical car manufacturer’s warranty promises to repair all defects in materials and workmanship in the vehicle. It does not restrictcoverage to only “substantial” defects. Therefore, even minor defects are covered under the federal Act if the manufacturer,by and through its dealers, was unable to repair the vehicle after being afforded a reasonable opportunity to do so.
When you drive off the dealer’s new car lot in your shiny and brand new expensive vehicle, you have every right to expect that you are purchasing a reliable vehicle. The last thing you want to discover in the days, weeks, or months after your purchase is that you have purchased a lemon vehicle. Unfortunately, even with the technological advances of modern car manufacturing, a significant percentage of automobiles are simply lemon vehicles. If you bought a vehicle in the State of Alabama that seemingly cannot be repaired despite the fact you have given the manufacturer and its dealers a reasonable opportunity to fix your vehicle, then you may have a lemon vehicle which would entitle you to relief under the Lemon Law. Additionally, you may be entitled to a refund for the purchase price of your vehicle or a replacement vehicle. You may also be entitled to relief under the Federal Magnuson-Moss Warranty Act , otherwise known as the Federal Lemon Law. Either way, State and Federal Lemon Laws exist to provide Alabama consumers with protection should you be saddled with a defective vehicle.
While no automobile manufacturer guarantees that their vehicles will be defect free, all guarantee that if a defect arises during the duration of the warranty accompanying the vehicle that the manufacturer, by and through its authorized dealer network, will repair it. However, this guarantee would not be worth the paper it is written on, but for the protections afforded to Alabama consumers by virtue of the Alabama Lemon Law and federal Magnuson-Moss Warranty Act. These Lemon Laws provide that if an automobile manufacturer, or manufacturer of other consumer product, fails to live up to their obligations to repair after being afforded a reasonable number of attempts or reasonable opportunity to do so, that the consumer is entitled to relief. In essence, if you have a vehicle that cannot be repaired, you may have a lemon vehicle on your hands.
Alabama state courts have recognized that you may pursue a claim for breach of warranty within four (4) years after the time the automobile manufacturer or manufacturer of any consumer product fails to repair. The Alabama Lemon Law, which is geared only towards motor vehicles, provides a shorter duration of three (3) years, but this law provides more specific and broader remedies should you be stuck with a lemon vehicle. Both of these laws require, however, that the problems with your vehicle must be reported to the manufacturer, by and through its dealers, during the duration of the warranty. The Lemon Law of Alabama also requires that to seek a refund or replacement vehicle that at least one (1) time during the vehicle’s first twelve (12) months or twelve thousand (12,000) miles that you provided the dealer with an opportunity to repair the nonconformity in your vehicle. Thereafter, the Lemon Law requires that to qualify for relief you must have given the manufacturer at least three (3) additional times to repair your vehicle, including a final repair attempt, during the vehicle’s first two (2) years or twenty-four thousand (24,000) miles, or the vehicle has been out of service for thirty (30) cumulative days.
Whether you are pursuing a claim for breach of warranty under the federal Magnuson-Moss Warranty Act, or pursuing a violation of the Lemon Law, the attorneys at Krohn & Moss, Ltd. Consumer Law Center® will use their experience to put you in the best possible position to obtain a maximum recovery under the law. They will make sure that you provide proper written notice, as is required under the Alabama Lemon Law, to pursue your claims. They will also use their experience to attempt to settle your claims quickly.
Finally, they will provide you with a free consultation to explain to you what relief they believe you are entitled to recover under the law.
Contact an experienced Alabama Lemon Law attorney
At Krohn & Moss, Ltd. Consumer Law Center®, we have extensive experience dealing with lemon vehicles and other consumer products throughout the nation. Call us today if you’re ready to being the process of attempting to rid yourself of your lemon vehicle. To find out if you qualify for lemon law rights in the State of Alabama, contact us at 1-800 USLEMON® (800-875-3666) for a free consultation or make an online submission for a free case review.
Watch this short video to learn how auto manufactures can compensate you for your Lemon.
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