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.
Have you purchased or leased a motor vehicle in the State of Minnesota and are already having problems with it? If so, the Minnesota Lemon Law protects those who have bought or leased a defective vehicle in the State of Minnesota. Whether you have a car, truck, SUV, or van and the vehicle is used at least 40 percent of the time for personal, family, or household use, you may be eligible for a refund of your money or a replacement vehicle if the vehicle proves to be defective and cannot be repaired within a reasonable number of repair attempts.
Vehicles That Are Covered under the Minnesota Lemon Law
The Minnesota Lemon Law covers all passenger cars, electric cars, pickup trucks, vans, and SUV’s that are used for personal, family, or household use at least 40 percent of the time. The self-propelled motor vehicle chassis or van portion of recreational vehicles are also covered. Federal law expands upon these covered vehicles and provides more comprehensive protection to the purchaser of any consumer product. Therefore, contact an experienced Lemon Law attorney to determine whether your vehicle or other consumer product is covered by law.
While the Minnesota Lemon Law looks to defects and nonconformities that arise within two (2) years after the vehicle has been delivered, the federal Magnuson-Moss Warranty Act, otherwise known as the Federal Lemon Law, requires a warrantor of a consumer product to abide by the terms of its warranty throughout the entire duration of the warranty. Therefore, if you purchased or leased a vehicle that has a long warranty, such as a five (5) year bumper to bumper warranty, or even a ten (10) year power train warranty, federal law requires that the manufacturer of the product honor its warranty throughout the entire duration of the warranty.
There are varying time frames to pursue a claim, under both Federal and State laws. According to the Minnesota Lemon Law, a consumer may pursue a claim for violation of the Minnesota State Lemon Law within three (3) years after the vehicle has been delivered to the consumer. This time period is extended by six (6) months, if the consumer first attempts to resolve the case by going through the manufacturer’s informal dispute resolution program detailed in the manufacturer’s warranty. Consumers have a longer time to pursue a claim for a manufacturer’s failure to comply with the terms of its warranty under Federal law. A consumer in the State of Minnesota may pursue a claim for a manufacturer’s failure to comply with the terms of its warranty, i.e., the repair or replacement defective parts, within four (4) years. To make sure that you meet these deadlines and avail yourself to all available remedies under the law, contact the experienced Lemon Law lawyers at Krohn & Moss, Ltd. Consumer Law Center® for a free case review.
All defects are covered! Just like your warranty on your vehicle promises to repair any defect in materials or workmanship, so too does federal and state law protect you if the manufacturer of your car, truck, SUV, or other consumer product fails to honor its warranty. According to the Minnesota Lemon Law, a consumer may bring a claim against an automobile manufacturer for its failure to repair any nonconformity in the vehicle that substantially impairs the vehicle’s use, value, or safety. Federal law has even less restrictions and allows consumers to bring claims for the failure to repair a defect or nonconformity, whether or not the defect or nonconformity impairs the use, value, or safety of the product.
Both Federal and State Lemon Laws provide that you must only provide the manufacturer, by and through its dealers, with a reasonable number of attempts or a reasonable opportunity to repair your defective vehicle. According to the Minnesota Lemon Law, a reasonable number of attempts means that you have given your manufacturer’s dealers four (4) or more times to repair the vehicle, or it has been out of service for thirty (30) or more cumulative days, and the problems with the vehicle continue to exist. However, if you are experiencing a serious safety issue with your vehicle, such as a brake or steering failure, and the problem was not repaired after your first visit to the dealer, then you may qualify for relief with as little as one (1) repair attempt.
If you suspect you have a lemon, you should contact the experienced Lemon Law attorneys at Krohn & Moss, Ltd. Consumer Law Center® for a free case review. You may be entitled to a refund for your purchase, a comparable replacement vehicle, or monetary damages designed to compensate you, because you overpaid for your lemon.
According to this law, a refund entitles you to a return of everything you paid for the vehicle, including any sales or excise taxes, license and registration fees, towing expenses, dealer installed or arranged options on the vehicle, and all other collateral charges. From this total, the manufacturer may subtract an offset for your use, but it may not exceed 10 cents per mile the vehicle has been driven or 10 percent of the purchase price, whichever is less. If the manufacturer elects to replace your vehicle instead of giving you your money back, you do not have to accept the replacement unless you are happy with the replacement vehicle. Per § 325F.665 of the Minnesota Lemon Law, "the consumer has the option of rejecting the replacement vehicle and requiring the manufacturer to provide a refund."
Additionally, if you recover under either Federal or state law, the manufacturer of your vehicle must pay for the time that your attorneys will spend representing you. This way, you may retain an attorney who will be willing to rely on his or her ability to settle or win your case to be paid instead of billing you directly. Finally, if you retain the attorneys at Krohn & Moss, Ltd. Consumer Law Center® and you do not win your case, we will not send you a bill for our time or costs. We will only get paid if you get a recovery!
Watch this short video to learn how auto manufactures can compensate you for your Lemon.
We’ve put together a simple, effective evaluator to help you determine whether or not you have a lemon.Start Free Lemon Evaluator It Takes Only 60 seconds!
In order for you to see our client video or read our client statements, please click the green button below. You will be taken directly to the video or client statements.
If you are interested in viewing information about the lawyer/firm’s past results and testimonials about the lawyer/firm, please read and acknowledge the information below.
The information in this section contains information about the lawyer/firm’s past results, testimonials about the lawyer/firm, and statements regarding the lawyer/firm’s quality. The information has not been reviewed or approved by Bar Associations of the states in which the law firm practices.
The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided.
All results of cases handled by the lawyer/firm are not provided and not all clients have given testimonials.
The results and testimonials provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Past results are no guarantee of future results. Every case is different, and each client’s case must be evaluated and handled on its own merits.
The testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.