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.
North Dakota consumers who purchase new cars are entitled to a true new-car experience: a car in perfect condition. Unfortunately, that’s not what many car buyers receive. Instead, they receive a “lemon” – a car that has a defect(s) that constantly re-occurs despite multiple trips to the dealer for repairs. When this happens, however, you are not without a remedy. The North Dakota Lemon Law protects consumers against this very situation as does the Magnuson-Moss Warranty Act (more commonly known as the Federal Lemon Law). If you purchased a defective vehicle in North Dakota, an experienced North Dakota Lemon Law attorney at Krohn & Moss, Ltd. Consumer Law Center®can help you to navigate these laws and seek relief for your defective vehicle.
The North Dakota Lemon Law applies to passenger motor vehicles sold or leased in North Dakota. This includes vehicles which are designed primarily for carrying people, trucks which weigh 10,000 pounds or less or any vehicles which use a truck chassis but seat four or more people. It does not, however, apply to motor homes. However, the Federal Lemon Law extends more broadly and applies to all consumer products covered by a warranty. This includes all kinds of consumer vehicles, as well as electronics, appliances and household products. Thus, even if the vehicle you purchased is not protected under the North Dakota Lemon Law you may very well still be entitled to relief under the Federal Lemon Law.
The North Dakota Lemon Law protects consumers from defects which are covered by the manufacturer’s warranty and which substantially impair the use, value or safety of your vehicle. It provides protection for one (1) year from the purchase or lease of the car or for the term of the warranty – which ever expires first. The Federal Lemon Law provides protection for the entire term of the manufacturer’s warranty and protects against all defects covered by that warranty, regardless of the severity of the problem.
Under the North Dakota Lemon Law, the manufacturer must repair all covered defects. If it is unable to do so, the buyer is entitled to additional relief, as described below.
Before it must provide additional relief, the manufacturer is entitled to a “reasonable number of attempts” to repair the problem(s) with the vehicle. The North Dakota Lemon Law presumes that a manufacturer has had a “reasonable number of repair attempts” if it has attempted to repair the same problem three (3) or more times or if its repair attempts have lasted a total of thirty (30) days or more regardless of whether split into one (1) or more attempts or involves one (1) or more different defects.
In addition, you must participate in any state-approved arbitration program if the manufacturer has put such a program in place. An experienced North Dakota Lemon Law Attorney at Krohn & Moss, Ltd. Consumer Law Center® can help you to navigate this process without forfeiting your rights and help you to seek the best possible result.
What Can I Get?
If the manufacturer is unable to repair the vehicle after a “reasonable number of attempts,” then it must either repurchase your “lemon” or provide a replacement vehicle. If the manufacturer repurchases the vehicle, it must refund the full purchase price, as well as all collateral charges such as license and registration fees, taxes, finance charges and other expenses you incurred. It may deduct from your refund amount, however, a reasonable allowance for your use of the vehicle (as defined by the North Dakota Lemon Law).
If the manufacturer provides a replacement vehicle, it must be identical or comparable to the original vehicle.
How Do I Get Relief?
Call Krohn & Moss, Ltd. Consumer Law Center®or submit your information to us online to see if you qualify under either the North Dakota Lemon law or the Federal Lemon Law. You may be entitled to a refund of your money, a replacement vehicle or cash compensation. We have handled thousands of claims since 1995 for both “lemon” automobiles and other consumer products and since that time, over 97% of our cases have settled without going to trial. We will work to get your claim settled as quickly as possible.
We work with North Dakota attorneys associated with Krohn & Moss, Ltd. Consumer Law Center® in of-counsel relationships to handle lemon law claims for consumers in North Dakota. We stay informed of the newest legal developments so you can get the best results for your lemon law claim.
Watch this short video to learn how auto manufactures can compensate you for your Lemon.
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