FAQ

Frequently Asked Questions About The Lemon Law

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Are used cars protected under the Lemon Law?

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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.

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Do Lemon Laws apply to private party sales?

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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.

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What does the Lemon Law protect?

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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.

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What is the process for a lemon law case and how long does it take?

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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 45,000 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.

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

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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.

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What Are Lemon Laws?

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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 today to find out if your car qualifies.

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How Does the Lemon Law Work?

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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.

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

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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.

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

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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.

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What if my vehicle repair record shows no problems?

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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.

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

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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!

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

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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.

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

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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
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How do I find out if my situation qualifies for a Lemon Law case?

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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.

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

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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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What Is Considered a Lemon?

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For a vehicle to be considered a lemon, it must meet certain requirements. While each state is different, there are some general things that hold true across the board. First of all, the vehicle needs to have some type of defect or non-conformity. Under most state laws, the defect must have taken place within a specific period of time or a certain number of miles after the vehicle was purchased or leased. Additionally, most state lemon laws require that the defect or non-conformity could not be fixed after several repair attempts. While state lemon laws for cars usually only apply to new, the Magnuson-Moss Warranty Act, also known as the federal Lemon Law, applies to all cars covered by a warranty, whether the car is new or used. It is important that you speak to an experienced lemon law attorney who may assess your rights.

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What are types of defects that are covered by lemon laws?

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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.

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What is a reasonable number of repair attempts to repair my car?

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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.

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How We Can Help Your Lemon Law Situation?

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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.

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How does the lemon law work in Illinois?

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The Illinois Lemon Law provides comprehensive protection to the purchasers and lessees of motor vehicles who unwittingly find themselves stuck with a lemon. The Illinois Lemon Law affords consumers the ability to seek a refund or replacement for their defective vehicle if the vehicle’s manufacturer, through its authorized dealers, fails to repair a defect that substantially impairs the vehicle’s use, value, or safety within a reasonable number of attempts.

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What types of products do lemon laws cover in Illinois?

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While the Illinois Lemon Law covers only motor vehicles, such as cars, trucks, vans, and SUV’s, federal law supplements the protections of Illinois law to include any consumer product. Therefore, whether your expensive flat screen television, refrigerator, or computer is defective, Illinois and federal law allows you to seek recourse for a manufacturer’s failure to repair these consumer products.

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Is there a lemon law for used cars in Illinois?

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Yes, consumers in Illinois may use the federal Magnuson-Moss Warranty Act to provide them with relief for the purchase of any used car, truck, SUV or other consumer product. The federal Act supplements the protections of the Illinois Lemon Law to allow purchasers and lessees of any consumer product, whether new or used, to seek relief if the product turns out to be defective and cannot be repaired despite the consumer affording the manufacturer a reasonable opportunity to do so.

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Why to Hire A Lemon Law Attorney in State of Illinois?

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The manufacturers of automobiles and other consumer products have virtually limitless resources. Rather than attempting to fight a battle with a gigantic corporation by yourself, you may retain an experienced Lemon Law attorney who may best protect your interests and provide you with the greatest possible chance to obtain a maximum recovery. What’s more, you may retain an attorney without having to pay the attorney to represent you. Federal law provides that if you prevail on your claims that the manufacturer is responsible to pay your attorneys’ fees! Therefore, if you hire Krohn & Moss, Ltd. Consumer Law Center® and you do not prevail, we will not charge you for our time representing you. In other words, we will only get paid if you get a recovery!

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What if the dealer wasn’t honest with me when I purchased my vehicle?

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Consumer protection laws provide that the sellers of any consumer product may not misrepresent any material facts about the product you are purchasing. If you discover that an automobile you purchased was in an accident, flood, previously repurchased in a lemon law dispute, or anything else that would have impacted your decision to purchase it, you may contact the attorneys at Krohn & Moss, Ltd. Consumer Law Center® for a free case review. If the firm believes you have a case for fraud, they will represent you without charge and instead will rely on the fee-shifting protections of Illinois law to seek their attorneys’ fees from the car dealer or other responsible entity.

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How Yourlemonlawrights.com helps me?

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Since 1995, Krohn & Moss, Ltd. Consumer Law Center® has represented over 45,000 consumers obtain relief for their defective or misrepresented consumer products. The firm uses the fee-shifting provisions of consumer protection laws to seek their attorneys’ fees from the manufacturers and sellers of consumer products instead of charging consumers directly for their time. Moreover, unlike many general practitioners who dabble in almost every area of the law, we concentrate our practice in handling only consumer issues. Therefore, if you have a car, truck, SUV, or other consumer product that proves to be defective or has something else wrong with it that you were not expecting, contact the experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® by calling them toll free at 866-543-5924 or by completing a free case review.

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Is my car a lemon?

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Before making their decision to pursue the California Lemon Law through an attorney, many consumers will try to research the law themselves, to see if they even possibly qualify for the remedies afforded by the Song-Beverly Act. Upon reading the express language of the Song-Beverly and Tanner Consumer Protection Act (California’s Lemon Law), the phrases, “4 times within a year or 18,000 miles” will always initially jump out as the perceived requirements to qualify. Consequently, many people who have not had the same problem four times within a year or 18,000 miles may become dissuaded to pursue a claim under the Lemon Law even though they may certainly qualify. Don’t let this language fool you.

The California Lemon Law provides that a consumer may be entitled to a refund or replacement of their vehicle if the manufacturer, through its authorized dealers, are unable or unwilling to repair the vehicle within a reasonable number of attempts. The Lemon Law presumes that a reasonable number of attempts have occurred if the subject vehicle has been subject to repair 4 times for the same non-conformity within a year or 18,000 miles, whichever occurs first. But remember; this is only a presumption. A consumer may certainly qualify for lemon law remedies if they do not meet this presumption. In fact, many of our former and current clients have vehicles that qualify for the refund/replacement remedy that do not meet the presumption. Moreover, several consumers have vehicles that qualify for the repurchase/replacement remedy even when their problems occurred after a year or 18,000 miles.

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Are only new cars protected by the California lemon law?

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Another misconception that many consumers have regarding the California Lemon Law is that theory that only a vehicle purchased new qualifies. Many people who purchase used vehicles and have significant problems with those vehicles, do not pursue their legal remedies. However, what many people do not know is that the Lemon Law defines a new vehicle as a vehicle that was purchased within the terms of the manufacturer’s bumper to bumper warranty. For example: If you purchased a Chevrolet Silverado with 27,000 miles on it, it could still qualifies as a new vehicle for the purposes of the lemon law as the bumper to bumper warranty expires at 36,000 miles. As long as you purchased a vehicle and had multiple concerns, at least one of which occurred before the expiration of the bumper to bumper warranty, you could certainly qualify for the refund/replacement remedy.

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What counts as a repair attempt?

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A final misconception that many consumers have about the lemon law is what constitutes a repair attempt. Again, since the Lemon Law does not kick in until a vehicle was not been repaired within a reasonable number of attempts, many consumers are mislead to believe that they do not qualify because of the lack of repair attempts to their vehicle. For example, a consumer may bring his or her vehicle to an authorized dealer 4 times for a steering concern, but only 1 time, an actual repair was made due to the fact that the dealer could not duplicate the consumer’s concern the other 3 times he or she brought the vehicle in. Again, the California Lemon Law protects the consumer in this regard by defining a repair attempt as any time a consumer presents a vehicle for repair, no matter what was done to the vehicle or not. Consequently, if a consumer brings a vehicle in for repair 4 times for the same problem, it counts a 4 repair attempts no matter what was actually done to the vehicle.

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Should I contact a lemon law lawyer?

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Don’t let the express language of the California Lemon law dissuade you from pursuing your legal rights. If you think you have a lemon, consult and attorney to find out for certain. A phone call or email could make the difference in enforcing your refund/replacement rights..

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When does a vehicle qualify under the California Lemon Law?

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The California Lemon Law applies to all new, used or “demo” vehicles that have been taken to an authorized dealership for repair four or more times for the same concern or two or more times for the same concern that is likely to cause death or serious bodily harm or the vehicle has been at the dealership for repair for 30 or more calendar days. These repairs or days out of service must occur within the first 18 months or 18,000 miles of ownership, whichever occurs first.

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How many times do I need to take my car back to the dealer before I have a California Lemon Law claim?

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You must present the vehicle for repair to an authorized repair facility: Four or more times for the same issue; Two or more times for the same issue if the issue is likely to cause death or serious bodily injury if the vehicle is driven; OR The vehicle has to be at the dealership for repair for a cumulative total of 30 or more calendar days. For more detail on this subject, speak with an attorney about your car’s issues.

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Does the California Lemon Law apply to used vehicles or leased vehicles?

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The California Lemon Law applies to used vehicles that are sold with a manufacturer’s new vehicle warranty and to leased vehicles.

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Does the California Lemon Law apply to anything other than vehicles?

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The California Lemon Law applies to all new, used or “demo” vehicles, including motorcycles that are driven on public roadways, boats and motor homes, consumer goods, including home appliances, computers, televisions and spas.

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What fees will I have to pay to hire the Krohn & Moss, Ltd. Consumer Law Center®?

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The manufacturer has to pay the reasonable attorneys’ fees and costs incurred by our firm. In the extremely unlikely event we lose, you pay nothing for our fees or costs.

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What the California Lemon Law Does Not Cover?

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The California Lemon Law does not cover commercial vehicles with a gross vehicle weight over 10,000 pounds where the business has more than five motor vehicles registered in the State of California, any portion of a motor home designed, used or maintained primarily for human habitation or motorcycles that are operated or used exclusively off the highways.

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How much money should I receive in a California lemon law buyback?

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A buyback under the California Lemon Law includes the return of any down payment or trade-in value, all payments made plus the payoff of any loan on the vehicle.  There is a deduction for usage taken from the mileage at the first repair for the issue that the manufacturer buys the vehicle back.  Further possible deductions include a deduction for any negative equity rolled into the loan, non-manufacturer service contracts and after-market items.

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What if I bought my automobile outside of California?

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The California Lemon Law applies only to vehicles purchased in the State of California; however, if you purchased your vehicle outside the State of California you may qualify for a case under the federal lemon law, known as the Magnuson-Moss Warranty Act.

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How long do I have to file a lawsuit under the lemon law?

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You have four years from the date of the breach of warranty to file a lawsuit under the Song-Beverly Act (California Lemon Law).  In other words, you have four years from the date that the manufacturer failed to repair your car, truck, SUV, motorcycle, or other consumer product.

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Do I Need To Hire A Lawyer To Get The Manufacturer To Repurchase Or Replace My Vehicle?

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Although a consumer can file his or her own claim directly against the automobile manufacturer, we believe that our experience and expertise in this area will ensure that you receive the greatest compensation to which you are entitled.

Since 1995, Krohn & Moss, Ltd. Consumer Law Center® has successfully helped over 45,000 consumers nationwide to settle their lemon law disputes against automobile manufacturers, including nearly 10,000 lemon law cases in California alone. Less than 3 percent of these cases ever went to trial. We also have an A+ rating with the Better Business Bureau. Further, since the lemon law provides that the automobile manufacturer must pay for your attorneys’ fees and costs, we will seek payment for our fees from them. This way, you can receive compensation for your “lemon” vehicle at no cost to you!

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Do I Have To Pay Anything To Have Your Firm Represent Me?

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The California Lemon Law contains a fee-shifting provision for the payment of attorneys’ fees and costs by the manufacturer, so that you, the consumer, do not have to pay anything to have one of our experienced and knowledgeable attorneys represent you in a claim against the automobile manufacturer.

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What Documents Do I Need To See If I Have A Valid Lemon Law Claim?

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Your repair records are the most important documents needed to determine if you have a Lemon Law claim. When you take your vehicle to the dealership for repair, it is extremely important that you ask the dealership for a receipt, called a “repair order.” You should read the repair order and make sure that it is accurate before leaving the dealership. Sometimes, dealerships will omit details of concerns you raised. Therefore, it is important that you ask the dealership to accurately record your complaint on the repair record, including the date that you drop off your vehicle and the date that you pick up the vehicle. Never leave the dealership without a copy of the repair order and make sure that you keep your repair records so that you will have this valuable evidence to help prove that your vehicle is a “lemon.”

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How Long Does It Generally Take To Get Compensated?

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The length of time to reach a settlement in a California Lemon Law case depends on many factors including the nature of the problems you have experienced and whether a lawsuit needs to be filed. While most cases will settle prior to a trial, the length of time to get to trial varies from County to County and even from Judge to Judge. No matter how long a case takes to be resolved, you control whether your lemon law case will settle. Quite simply, settlement is always your decision. A lawyer may recommend a settlement and counsel you on your rights, but a lawyer may never decide when to accept an offer of settlement. Only you – the consumer – have the right to say when enough is enough from a compensation standpoint. We strive to recover the maximum amount of compensation for our clients as quickly as possible and we have extensive experience working with all automobile manufacturers and their attorneys. With this experience, we are usually able to resolve California Lemon Law cases quicker and many of our clients’ cases get resolved without ever having to file a lawsuit in Court.

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What is the Texas Lemon Law?

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The “Lemon Law” is a State law that requires the manufacturers of motor vehicles to either repurchase or replace the vehicle if it experiences defects that cannot be repaired after the manufacturer’s dealer has been provided a reasonable opportunity to do so.

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Who Qualifies Under State of Texas Lemon Law?

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A consumer who has purchased or leased a new motor vehicle that later experiences a defect or condition that substantially impairs the motor vehicle’s use, market value or safety, may be eligible for relief under the Texas Lemon Law the consumer must first give the automobile manufacturer a reasonable opportunity to repair the defect before they are eligible for lemon law relief. Generally, a “reasonable opportunity to repair” is considered at least 4 repair attempts by the manufacturer within the first 2 years/24,000 miles of the vehicle’s life, whichever occurs first. However, where the Lemon Law leaves off, federal law provides additional protection to consumers after the vehicle’s first 2 years or 24,000 miles.

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How long do I have to file a claim under the Texas Lemon Laws?

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Generally, the automobile owner must file a claim with the Texas Department of Transportation within 24 months from the automobile’s date of purchase or within 24,000 miles, whichever occurs first. Once again, federal law supplements the protections of the Texas Lemon Law and provides consumers with at least 4 years to pursue a claim.

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How do I file a lemon law claim in Texas?

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The attorneys at Krohn & Moss, Ltd. Consumer Law Center® can help you to file a claim to make sure that you meet all of the regulatory requirements for doing so. We can assist you to fill out a Lemon Law complaint form with the Texas DMV and provide notice of the complaint to the automobile manufacturer to give them a last opportunity to repair defect. The complaint is then reviewed by the assigned Texas DMV staff case advisor for completeness and eligibility and an attempt to resolve the complaint through mediation between the parties will be made. If the claims cannot be resolved through mediation, the matter will be referred for a hearing before an assigned hearing examiner in which both parties will be able to present their case. The hearing examiner will issue a final written decision to the parties on the matter within 60 days after the close of the hearing. If either party is dissatisfied by the decision of the examiner, they may challenge the final order by filing a motion for rehearing with the Texas DMV. If still dissatisfied, the aggrieved party may file an appeal with a state district or appeals court in Travis County, Texas. The experienced attorneys at Krohn & Moss, Ltd. Consumer Law Center® can help you through this process.

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Is there a Lemon Law in Texas for a used car & new cars?

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The Texas Lemon law typically only applies to new vehicles. However, consumers in Texas may use the federal Magnuson-Moss Warranty Act to provide them with relief for the purchase of any used car, truck, SUV or other consumer product. The federal Act supplements the protections of the Texas Lemon Law to allow purchasers and lessees of any consumer product, whether new or used, to seek relief if the product turns out to be defective and cannot be repaired despite the consumer affording the manufacturer a reasonable opportunity to do so.

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How long do I have to return a car under the Texas Lemon Law?

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An automobile owner cannot return the car until he/she has been awarded a replacement/repurchase of the automobile by the Texas Department of Transportation.

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How does my lawyer get paid?

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The attorneys at Krohn & Moss, Ltd. will only charge a fee if they win your case. While the Texas Department of Transportation generally does not award attorneys’ fees when rendering a decision, if the hearing examiner does not find in favor of the consumer, the consumer may file an appeal in a district or appeals court and attorneys’ fees may be awarded by the Court. However, if you hire Krohn & Moss, Ltd. Consumer Law Center® and you do not prevail, we will not charge you for our time representing you. In other words, we will only get paid if you get a recovery!

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What documents are necessary to prove that my vehicle is a lemon?

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Your repair receipts are your best evidence. Be sure to always request a copy of any repair receipts when you tender your vehicle for repair. Whether you pay for the repair or not, you are entitled to a repair order receipt. While these documents are all that we need to prove your claim, we may also request that you provide us with a copy of your purchase documents and registration.

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What if my case isn’t covered by the Texas Lemon Law, do I have any other recourse?

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Yes, consumers in Texas may also use the federal Magnuson-Moss Warranty Act to provide them with relief for the purchase of any car, truck, SUV or other consumer product. The federal Act supplements the protections of the Texas Lemon Law to allow purchasers and lessees of any consumer product, whether new or used, to seek relief if the product turns out to be defective and cannot be repaired despite the consumer affording the manufacturer a reasonable opportunity to do so. Therefore, if you have a car, truck, SUV, or other consumer product that proves to be defective, contact Krohn & Moss, Ltd. Consumer Law Center® toll free at 866-543-5924 or by completing a free case review

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How does the Florida Lemon Law work? Does it apply to both New and Used Motor Vehicles?

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The Florida Motor Vehicle Warranty Enforcement Act, better known as the Florida Lemon Law, provides expansive protection to the purchasers and lessees of defective motor vehicles. The Florida Lemon Law gives the purchasers and lessees of these defective vehicles the right to seek a refund or replacement for their vehicle if it suffers from a defect or non-conformity that substantially impairs the vehicle’s use, value, or safety and the defect or non-conformity cannot be repaired within a reasonable number of attempts. While the Florida Lemon Law only applies to the sale or lease of new motor vehicles, the federal Magnuson-Moss Warranty Act picks up where the Lemon Law leaves off and provides additional protection to the purchasers and lessees of all consumer products, including used ones. So, whether your new or used car, truck, SUV, motorcycle, refrigerator, microwave oven, or other consumer product proves to be defective, federal and state lemon laws can be used to help provide you with relief.

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Why should I hire a Lemon Law Attorney in the State of Florida?

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Simply put – to level the playing field! Car manufacturers represent some of the world’s biggest corporations. They have unlimited resources, which makes going it alone very difficult. Therefore, rather than trying to go toe to toe with such a big corporation, you may retain the experienced attorneys at Krohn & Moss, Ltd. Consumer Law Center® who will fight for your rights and who will only be paid if you get a recovery! If you hire Krohn & Moss, Ltd. Consumer Law Center® and do not win your case, we will not send you a bill for our time. We only get paid if you do!

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How do I calculate a refund under the Florida Lemon Law?

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Calculating a refund under the Florida Lemon Law is very straightforward. You are entitled to what you put into your vehicle, including sales tax, finance interest, and other collateral charges added by the dealer less an offset for your use of the vehicle. The offset for your use is calculated by taking the vehicle’s purchase price and dividing that number by 120,000. This figure will tell you the per mile charge you will be assessed. The per mile charge is then multiplied by the number of miles driven up to the point that your case goes through arbitration, which is a pre-requisite before filing a legal complaint in a court of law. Should you not prevail at arbitration and your case goes into court, the mileage offset does not change. In other words, you will not be penalized for additional miles driven after arbitration.

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How much time do I have to pursue a Lemon Law case in the State of Florida and how do I start a claim?

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The “term of protection” for the Florida Lemon Law is two (2) years from the date of the purchase or lease of a new motor vehicle. It is this time period that determines whether or not you have provided the manufacturer with a reasonable opportunity to repair your vehicle. Thereafter, Florida law provides you with an additional sixty (60) days to make a demand for arbitration with either the manufacturer’s informal dispute resolution mechanism or through the Florida Attorney General’s office. More specifically, the Florida Attorney General’s Office has a list of every car manufacturer who has adopted an informal dispute resolution program that has been certified by the State of Florida. If your manufacturer has a certified program, you must first go through the certified program to try and resolve your case. This process should take no more than 40 days pursuant to federal and state law and it can be done in writing in most instances. Further, this “informal” program is only binding on the manufacturer. Therefore, if you are unsatisfied with the results of this program or the manufacturer has no certified program in place, you may then apply for arbitration with the Florida Attorney General. This type of arbitration program would require you to submit your case to a panel of three (3) impartial arbitrators who will listen to your dispute and determine if you are entitled to relief. While either party may appeal the decision of the Florida Attorney General’s Office, typically automobile manufacturers do not appeal if they lose at the arbitration level. If an appeal is filed, it is then filed in a county court, usually where you reside, and must be done so within thirty (30) days after the decision has been served on you.

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What if it has been more than 2 years and sixty (60) days since I bought or leased my vehicle, do I have any other recourse?

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Yes. The federal Magnuson-Moss Warranty Act provides consumers in the State of Florida with five (5) years from the date the manufacturer breached its warranty, i.e. broke its promise to repair, to bring a claim for relief.

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What documents do I need to provide to prove that my vehicle is a lemon in the State of Florida?

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Technically speaking, you don’t need any documents, because your attorneys can assist you to obtain these documents if your dealer will not cooperate in providing you with copies. However, to better assist the attorneys at Krohn & Moss, Ltd. Consumer Law Center® to determine if you qualify for relief, they would like to see your repair records from the dealer and a copy of your purchase documents so they can calculate how much you would be entitled to recover under the law. They will review your case at no charge and provide you with a free consultation to advise you as to what laws you qualify for. So if you have a car or other consumer product that is a lemon, contact Krohn & Moss, Ltd. Consumer Law Center® toll free at 866-543-5924 or by completing a free case review

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How do I contact Krohn & Moss Consumer Law Center?

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You can contact our California office at 800-875-3666 or 323-988-2400 for a free consultation or you may contact us online for a free case review.

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What types of products does the Indiana Lemon Law apply to?

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The Indiana Lemon Law provides comprehensive protection to any motor vehicle, such as cars, trucks, vans, and SUV’s. Plus federal lemon laws supplement the Indiana lemon law to include ANY consumer product. Therefore, whether your expensive flat screen television, refrigerator, or computer is defective, the federal lemon laws allows you to seek recourse for a manufacturer’s failure to repair these consumer products.

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Does the Indiana Lemon Law apply to used cars?

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Yes, the Indiana lemon law applies to any vehicle where defects have been reported at least once during the first 18 months of the life of the vehicle or during the first 18,000 miles on the vehicle’s odometer, whichever comes first.  In addition, the federal lemon laws cover used vehicles that have had multiple repairs attempted during the manufacturers written warranty even if these repairs were outside the first 18,000 miles or 18 months of the life of the vehicle.

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How do I know if my vehicle a “lemon” in the State of Indiana?

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If you have reported problems with your vehicle before either 18,000 miles or 18 months, and the manufacturer’s dealerships have not been able to fix the problem despite being given a reasonable number of repair attempts, then you likely have a “lemon” vehicle under the Indiana Lemon Law. However, you may still have a lemon under the federal Magnuson-Moss Warranty Act if your problems occurred after the vehicle’s first 18,000 miles or 18 months.

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Why to Hire A Lemon Law Attorney in State of Indiana?

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The manufacturers of automobiles and other consumer products have virtually limitless resources. Rather than attempting to fight a battle with a gigantic corporation by yourself, you may retain an experienced Lemon Law attorney who may best protect your interests and provide you with the greatest possible chance to obtain a maximum recovery. What’s more, you may retain an attorney without having to pay the attorney to represent you. Federal law provides that if you prevail on your claims that the manufacturer is responsible to pay your attorneys’ fees! Therefore, if you hire Krohn & Moss, Ltd. Consumer Law Center® and you do not prevail, we will not charge you for our time representing you. In other words, we will only get paid if you get a recovery!

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What is a “reasonable number” of repair attempts under Indiana Lemon Law?

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In Indiana, a “reasonable number” of repair attempts is if the problem still exists after the dealership has been given at least four (4) repair attempts OR if the problem still exists after the vehicle has been at the dealer a cumulative total of thirty (30) business days.

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Does the Indiana lemon law apply to private party sales?

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YES, even if the vehicle is purchased used from a private party, so long as the problems are reported to the manufacturer’s dealerships either within the first 18 months of the life of the vehicle or during the first 18,000 miles on the vehicle’s odometer, whichever comes first, the Indiana lemon law will apply.  PLUS, the federal lemon law will cover the vehicle bought used from a private party if the vehicle has been taken to the manufacturer’s dealerships during the manufacturer’s warranty period.

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How do I contact Krohn & Moss, Ltd.® Consumer Law Center?

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You can reach the Krohn & Moss, Ltd. Consumer Law Center® by phone at 888-MY-LEMON (888-695-3666) OR you can simply fax your vehicle’s repair records to us at 1-866-203-9227 for a FREE REVIEW. You will hear back from us promptly after we receive your fax. You may also apply online by completing a free case review.

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Who Qualifies Under State of Texas Lemon Law?

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A consumer who has purchased or leased a new motor vehicle that later experiences a defect or condition that substantially impairs the motor vehicle’s use, market value or safety, may be eligible for relief under the Texas Lemon Law the consumer must first give the automobile manufacturer a reasonable opportunity to repair the defect before they are eligible for lemon law relief. Generally, a “reasonable opportunity to repair” is considered at least 4 repair attempts by the manufacturer within the first 2 years/24,000 miles of the vehicle’s life, whichever occurs first. However, where the Lemon Law leaves off, federal law provides additional protection to consumers after the vehicle’s first 2 years or 24,000 miles.

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