When you buy a new or used vehicle, the last thing you expect is for it to spend more time in the shop than on the road. Thankfully, lemon laws exist to protect consumers who purchase vehicles with warranty-covered defects.
Unfortunately, there’s a lot of confusion about what these laws actually do and how they protect vehicle owners. Let’s set the record straight by clearing up the most common myths and revealing the real lemon law facts every driver should know.
5 Lemon Law Myths Debunked
Myth #1: Lemon Laws Are Only for New Cars
Truth: Many people wonder, “Do lemon laws only apply to new cars?” The answer is no. In every state, federal warranty law supplements the protections of state law to cover every automobile that is purchased or leased with a warranty whether the automobile is new or not. Further, many state lemon law protections extend to used vehicles, as well. Some states protect used or certified pre-owned cars if they’re still under the manufacturer’s warranty. Regardless, in every state, the Federal Lemon Law, known as the Magnuson-Moss Warranty Act, provides protection for used vehicle owners.
To sum up, lemon laws do apply to used vehicles in every case where the vehicle was sold or leased with a written warranty. And, in some cases, even state laws expand the protections of federal law to apply coverage to used vehicles. Always check your state’s specific rules or schedule a free case review with our experienced lemon law attorneys to find out what protections apply to your situation.
Myth #2: Only Substantial or Serious Defects Can Make a Car a Lemon
Truth: While most state lemon laws require the problem to substantially impair the use, value, or safety of the vehicle, federal law provides much broader protection to consumers. Under federal law, a consumer may bring a claim for breach of warranty if the manufacturer fails to comply with any obligation under its written warranty. Since virtually every car manufacturer’s warranty promises to repair any defect in the vehicle, you may bring a claim no matter how big or small the defect is so long as the manufacturer failed to repair it after they were provided a reasonable opportunity to do so. Additionally, if a written warranty was provided, federal law prohibits the manufacturer from disclaiming implied warranties that arise as a matter of law, which require the vehicle to meet a certain level of quality, i.e., the vehicle must be dependable, trouble-free, and safe.
Myth #3: Vehicle Replacement Is the Only Option for Compensation
Truth: Many people believe that if their car is a lemon, they’re only entitled to a new one. In reality, replacement is just one possible outcome.
Depending on your state and the facts of your case, you may be eligible for:
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A replacement vehicle
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A refund of your purchase or vehicle buyback, minus a reasonable usage fee.
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A partial refund
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A cash settlement
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Reimbursement for related costs, such as towing or car rental expenses
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Collateral reimbursement related to the purchase or lease, such as registration fees
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Coverage of your attorney’s fees
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Punitive damages in some states (if manufacturers act in bad faith, conceal defects, or commit fraud)
The goal of the lemon law is to make you whole again, not just replace your car. An attorney can help you understand the best path forward and what compensation you may be entitled to.
Myth #4: Filing a Lemon Law Claim Is Expensive
Truth: With the right legal help, filing a lemon law claim is far less costly and complicated than most car buyers think. In fact, federal law and most state lemon laws require the manufacturer to pay your attorney’s fees if you win your case. That means you should be able to get professional legal representation at no cost to you. Most lemon law attorneys will agree to represent you where the don’t charge you a retainer fee and they agree to rely on the provisions of federal law to be paid only if you win your case.
Our experienced attorneys can walk you through the entire process. From reviewing repair records to negotiating with the manufacturer, we will ensure your claim is filed correctly and moves forward efficiently.
Myth #5: You Don’t Really Need a Lawyer for Your Lemon Law Case
Truth: Technically, you can file a lemon law claim on your own, but doing so can hurt your chances of success. Vehicle manufacturers have large legal teams whose goal is to minimize payouts. A knowledgeable lemon law attorney understands the fine print, deadlines, and evidence requirements that can make or break a case.
At Krohn & Moss, Ltd., our experienced lawyers can:
- Us their 30 years of experience to evaluate whether your vehicle qualifies under your state’s lemon law
- Gather crucial documentation and handle communication with the manufacturer
- Pursue the compensation you’re entitled to
- Ensure you don’t miss important deadlines
With legal fees usually paid by the manufacturer, there’s no reason to go through this process alone.
The Facts: Lemon Laws Protect Consumers
Lemon laws exist to help everyday drivers, not just those with brand-new cars. Whether you bought a new vehicle with a substantial defect or a used one still under the original manufacturer’s warranty, you have rights. Knowing the true lemon law facts allows you to act quickly so you can preserve evidence and recover what you’re owed.
Contact Krohn & Moss, Ltd. Today
If you’re dealing with a defective vehicle and aren’t sure what to do next, the team at Krohn & Moss, Ltd. can help. We’ve assisted 60,000 consumers nationwide in getting compensation for their “lemons.”
We offer:
- Free case reviews
- No retainer fee, and we don’t get paid unless you do
- Nationwide experience— we handle lemon law claims in every state
Don’t let myths or misinformation stop you from exercising your rights. Call (800) 875-3666 now or contact us online to set up your free case review. You can also complete our free online Lemon Test to find out if your vehicle qualifies under your state’s laws.
