Frequently Asked Questions About Lemon Law - Your Lemon Law Rights®

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  • Are used cars protected under the Lemon Law?

    YES. While the lemon laws from state to state may differ, at the very least the federal Magnuson-Moss Warranty Act, also known as the federal Lemon Law, will provide protection to the purchasers of used cars so long as the vehicle was sold with some type of warranty or service contract, i.e., was not sold as-is. The federal Lemon Law, which Congress enacted in 1975, requires that car dealers or car manufactures comply with the terms of any warranties or service contracts that accompany the used car. Should the car dealer or manufacturer fail to honor these warranties or service contracts by failing to repair vehicle defects after being afforded a reasonable opportunity to do so, then the used car owner may bring a claim for money damages against the car dealer or manufacturer. Importantly, the used car owner may also recover attorneys’ fees and costs in pursuing a claim against the car dealer or manufacturer. Therefore, be sure to hire a law firm experienced in handling claims under the federal Lemon Law who will not charge you for their time representing you, but rather will rely on the “fee-shifting” provisions of the federal Lemon Law to be paid.
  • Do Lemon Laws apply to private party sales?

    YES. Even in private party sales, the Lemon Law may still provide protection provided the car was accompanied by the balance of a car manufacturer’s warranty. Most vehicles sold “new” today are accompanied by a written warranty from the car manufacturer of a long duration. These warranties are almost always transferrable to the next car purchaser, which would include private party sales. As such, if you purchased a vehicle from a private party and that vehicle is still covered by the manufacturer’s new car warranty then you have rights. Just like a new car, you have the right to have your vehicle repaired at any of the car manufacturer’s dealers of your choosing in the nation. Should the dealer fail to repair the vehicle after being afforded a reasonable opportunity to do so, the federal Magnuson-Moss Warranty Act would provide you with a remedy to bring a claim for “breach of warranty” damages and payment of attorneys’ fees and costs. Additionally and under certain circumstances, state lemons may also provide you with additional protection and the ability to seek a refund or replacement vehicle. Since these laws vary from state to state, contact an attorney experienced with handling breach of warranty and lemon law claims to best protect your rights.
  • What does the Lemon Law protect?

    Although the laws from state to state are different, typically state lemon laws provide protection to the purchasers and lessees of cars, trucks, SUV’s, and in some cases motorcycles, motorhomes, boats, and other motor vehicles to seek a refund or replacement vehicle. Most state lemon laws also provide that the vehicles at issue must be primarily used for personal or household use. Importantly, the federal Magnuson-Moss Warranty Act, also known as the federal Lemon Law, provides much broader protection to the purchasers and lessees of consumer products than most state lemon laws. Unlike the lemon laws of most states that generally only apply to motor vehicles, the federal Lemon Law applies to all consumer products that are accompanied by a warranty or service contract. Further, the federal Lemon Law does not look to how the product is actually used to determine if there is coverage. Rather, even consumer products that are being used for business or commercial use may still be covered under the federal Lemon Law so long as the product was ordinarily intended by its manufacturer to be used primarily for personal or household use. In other words, if you purchased a four door sedan to drive people around for your business, the federal Lemon Law would still apply since four door sedans are normally intended for personal or household use. Regardless, contact an experienced lemon law attorney who will be able to best protect your rights and advise you as to what extent state and federal lemon laws provide protection.
  • What is the process for a lemon law case and how long does it take?

    The process of pursuing a lemon law case is easy so long as you have the right attorneys guiding you along the way.
    Since 1995, Krohn & Moss, Ltd. Consumer Law Center® has assisted over 40,000 consumers nationwide to pursue their
    state and/or federal lemon law claims. We will use our experience to guide you every step of the way. From the moment
    you contact our firm, we will explain what we need to assess your case. In particular, we will request that you send
    to us a copy of your repair records and purchase/lease document so our attorneys may review the same. We will then
    call you within one (1) business day for a FREE CASE REVIEW of your claims. During this phone call, we will not only
    explain to you the legal basis for your case and what type of settlement we believe we can obtain for you, we will
    also answer any questions you might have about the process. While we are happy to meet with our clients in our offices,
    we will not require you to travel to see us in person.

    Once we begin your case, we will use our best efforts to resolve your case without litigation. We will send notice on
    your behalf to the automobile manufacturer of your claims and advise them of our desire to amicably resolve your case.
    In some instances, we will also apply to the manufacturer’s informal dispute resolution program to try and resolve
    your case without having to file a lawsuit. If a lawsuit does become necessary, we will quickly take such action to
    ensure that you get the fastest possible path towards a resolution. Further and in almost every situation, if a lawsuit
    does need to be filed, we will file the lawsuit in a county that is close to your residence. In other words, we will
    come to you. Additionally, over 97 percent of the cases that we have handled have been resolved without the need for
    a trial. Of these cases, a significant percentage of them have been resolved during the notice period that we provide
    to the automobile manufacturer before filing suit.

  • Is There A Time Limit To Pursue A Lemon Law Claim?

    Yes, whether your vehicle qualifies for relief under state or federal lemon laws there is a time limit to pursue a claim.
    Therefore, it is important that you contact an experienced lemon law attorney who may assess your case and advise you
    how long you have to take action. While generally speaking most state lemon laws provide 1 to 4 years to advance a
    lemon law claim, every state is different and it is important that you retain an attorney who may best protect your
    rights. Further, it is important that you retain an attorney who is knowledgeable about handling claims under the federal
    Magnuson-Moss Warranty Act or the federal Lemon Law as it is better known. The federal lemon law typically provides
    a longer time frame to pursue a lemon law claim and is generally 4 years from the date that the manufacturer “breached”
    or failed to honor its promise to repair your vehicle. Contact the attorneys at Krohn & Moss, Ltd. Consumer Law
    Center® for a
    Free Case Review. If you qualify for relief, they will get the process started for you to ensure that you timely
    initiate your lemon law case.

  • What Are Lemon Laws?

    Before lemon laws were put into place, consumers weren’t protected if a new or used car dealer sold them a car that didn’t
    operate as it should. These individuals were left to struggle to pay for the repairs or trade their vehicle in for a
    different one. Today, these lemon laws are designed to protect these consumers. If a vehicle qualifies as a lemon based
    on state or federal laws, the consumer is eligible for compensation from the manufacturer. These lemon laws dictate
    the number of attempts that must be completed to repair the vehicle, as well as the timeframe in which those repairs
    must take place. Contact our attorneys to find out if your car qualifies

  • How Does the Lemon Law Work?

    When it comes to the lemon law, it is important to understand how it works before you get started on your case. Each state
    has its own lemon law in place to protect consumers. These laws state that a consumer has a right to compensation from
    a vehicle manufacturer if the manufacturer fails to repair its vehicle “within a reasonable number of attempts.” The
    laws are state specific but generally will require that a vehicle be presented for repair three (3) or four (4) times
    for the same problem within the first twelve (12) to eighteen (18) months of ownership or that the vehicle is out of
    service due to repairs at least thirty (30) calendar or business days. If your vehicle qualifies, you should hire one
    of our lemon law attorneys to help you proceed with your case.

  • Can I get my money back after buying a defective automobile?

    Yes, in many instances you can, or you may qualify for other forms of relief, such as money damages or a replacement vehicle.
    We have heard many stories of auto dealers and manufacturers misleading people into believing that Lemon Laws apply
    exclusively to new and late-model vehicles. This simply is not accurate. In fact, many state laws provide ample protection
    when purchasing a used vehicle. Even more significant, if you purchased a used vehicle with a warranty, it is also
    protected by Federal lemon laws. Contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center® to find out what
    form of relief that you qualify for under the law.

  • My car has problems.Can I get the dealer to replace it without hiring an attorney?

    You would think so, but sadly the answer to this question in far too many cases, is no. Attempting to resolve a lemon law
    dispute over the phone or even in-person on your own, can be next to impossible. Mere mention of words like vehicle
    replacement, refund, lawsuit, attorney and Lemon Law, usually ends up with you making countless calls back and forth,
    and leaving just as many unanswered messages. Remarkably, one of the most common strategies for those being accused
    of selling a bad vehicle, is to give the buyer the impression that they’re actually looking into it, with no intentions
    of ever doing so. Ultimately the goal is to wear you out mentally and emotionally, in the hopes that you scrap or sell
    the vehicle as-is. One of the reasons to work with a qualified Lemon Law attorney, is that in many cases, agreements
    are often signed in haste without reading the fine print of the refund agreement. Often times, what is said in a meeting
    and what is actually contained on paper are two completely different things. At Krohn & Moss, Ltd. Consumer Law
    Center® we make sure that you actually receive what has been promised as a result of your settlement. And since we seek
    our attorneys’ fees from the manufacturer, it only makes sense to let us represent you.

  • What if my vehicle repair record shows no problems?

    When you purchase a vehicle from a dealer, there’s a trail of paperwork and documentation that you never see and, in many
    cases, have no idea it even exists. This includes everything from customer copies and warranty payment documents, to
    dealership bookkeeping and hard copies. The hard copy, for example, contains the original notes made by the mechanic
    who inspected and/or signed off on your vehicle. In some instances, you will find the phrase Could Not Duplicate Customer
    Concern stamped on the customer copy, while the hard copy often contains notes made by the mechanic, which clearly states
    the opposite. Not only does this leave your vehicle in need of repairs, it also sends you back out on the road with
    a potentially dangerous vehicle. By carefully sourcing and investigating all existing paperwork, our attorneys can detect
    whether or not any vehicle problems were noted upon acceptance.

  • Will I need to pay a legal retainer for my Lemon Law case?

    No. From a personal perspective, we at Krohn & Moss, Ltd. Consumer Law Center® feel that no consumer should ever be expected
    to pay a retainer fee when attempting to resolve a dispute under the Lemon Law. Some law firms charge retainer fees,
    because they don’t have great confidence in your case or in their ability to prevail on your behalf. As we near our
    twenty (20) year anniversary at Krohn & Moss, Ltd. Consumer Law Center®, it goes without saying that we are vastly
    experienced and highly successful when it comes to fighting for consumer rights under the Lemon Law. We will never ask
    a consumer to pay a retainer fee!

  • What rights do I have against automobile manufacturers and dealers who knowingly sell bad vehicles?

    Most consumers are surprised to learn that the Lemon Law is a real thing, and not just a myth born from an old cliché. The
    simple fact is that the minute your vehicle purchase is complete, you are protected by a wide spectrum of rights; each
    one designed specifically to prevent the deliberate sale of faulty vehicles. The specific definition of these rights
    varies on a state-by-state basis and is broad in the scope of the protection they provide. Additionally, federal Breach
    of Warranty laws provide further protection for you if you don’t qualify for Lemon law protection. At Krohn & Moss,
    Ltd. Consumer Law Center® our attorneys will work closely with you to determine which specific rights apply to your
    case and will advise you of such.

  • What will my responsibilities be during the investigation and legal process?

    The process of filing a claim under the Lemon Law is surprisingly easy, though most people assume that it will be complicated.
    Here is a list of what you will need to provide during the investigation process:

    • The vehicle’s repair history or service log
    • All sales documentation
    • Any warranty or extended coverage paperwork issued
    • Statement about the poor performance of your vehicle
  • How do I find out if my situation qualifies for a Lemon Law case?

    As one of the country’s largest and most experienced Lemon Law firms, Krohn & Moss, Ltd. Consumer Law Center® makes it
    easy to determine whether or not you have a case against an automobile dealer or manufacturer. Simply fill out our FREE
    Case Evaluator form to begin the process. One of our qualified lemon law attorneys will review your information free
    of charge and immediately let you know the next step in getting started.

  • What happens after I contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center®?

    We will first evaluate at no charge to you whether you have a case and what we can do for you. To start the process, we will
    ask you to provide us with your repair history, i.e. either the actual repair receipts you received or some summary
    from the dealer. After we review your repair history we will call you and advise you about what laws you qualify for
    and what relief we believe we can obtain for you. We will also go over with you in detail how we will use federal and/or
    state laws to seek our attorneys’ fees incurred from the automobile manufacturer or dealer. From there, the pace of
    your case will depend on a number of variables. We will begin the process of investigating and contacting the appropriate
    parties, while tending to the filing of any necessary paperwork or court documentation. Keep in mind that each state’s
    Lemon Law varies and our attorneys will tailor your claim to the specific location and details of your case.

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