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.
Nothing quite compares to the wonderful feeling of driving your new car off the lot. However, it is also true that nothing compares to the heartbreak of discovering that all is not as it seems: your new car has serious defects. You purchased a lemon.
If you are a West Virginia consumer who bought or leased a lemon, there are federal and state laws that can help you to force the manufacturer to make your situation right. An experienced lemon law attorney at Krohn & Moss, Ltd. Consumer Law Center® can help you to understand these laws, and to obtain the new, reliable car you thought you were getting all along.
State law applies to new motor vehicles purchased or leased in West Virginia under warranty. This generally includes pickup trucks and vans registered as Class A vehicles, and even the self-propelled chassis of a motor home, so long as the vehicle weighs less than 8,000 pounds. The West Virginia law also applies to some vehicles, such as trucks and road tractors, which weigh more than 8,000 pounds and are registered as Class B vehicles.
Even vehicles not covered by the state law are entitled to some protection. The federal Magnuson-Moss Warranty Act, sometimes called the Federal Lemon Law, applies to all consumer products - even items such as electronics and household goods.
State and federal law provide that if an automobile manufacturer fails to live up to their warranty obligations, the purchaser is entitled to certain legal relief. Under state law, a consumer is protected against defects, which substantially impair the use or value of the vehicle. Under federal law, a consumer is protected against all defects covered by a warranty.
First, however, the consumer must give the manufacturer a reasonable opportunity to repair the vehicle. Under the West Virginia Lemon Law, this generally means that the manufacturer has three chances to repair a problem, or one chance to repair a problem that is likely to cause death or serious bodily injury if the vehicle is driven. Repairs that take thirty or more days (in total) also count as a reasonable opportunity to repair, regardless of how many opportunities the manufacturer is given.
If the manufacturer fails to correct the problems after a reasonable opportunity to do so, then state law requires the manufacturer to replace the vehicle or repurchase it from the consumer, as well as return or pay certain incidental fees and charges incurred by the consumer.
To obtain relief under either West Virginia lemon law or federal law you must comply with the deadlines and requirements of those laws. Under West Virginia Law, this typically means reporting the problem to the manufacturer or dealer within a year of purchase, and bringing your legal action within one year of the expiration of your vehicle’s warranty. Under federal law, you are typically protected against defects, which arise at any point during the warranty period. Under state law, you may also be required to submit to a dispute resolution procedure put in place by the manufacturer before filing a claim, if the West Virginia Attorney General has certified that process.
Regardless of whether you are pursuing a claim under state law or the federal Magnuson-Moss Warranty Act, the lemon law attorneys at Krohn & Moss, Ltd. Consumer Law Center® can use their experience to help you navigate these deadlines and procedures and put you in the best possible position to obtain the best possible recovery under the law, in the fastest possible time.
Contact an experienced attorney today!
At Krohn & Moss, Ltd. Consumer Law Center®, we have experience dealing with the West Virginia Lemon Law, as well as the Federal Lemon Law. Contact us today online or at 1-800 USLEMON® (800-875-3666) for a free consultation and a free case review. Because the manufacturer is required to pay your attorneys’ fees when you win your case, we never bill you up-front. Simply put, we don’t get paid unless you win or settle your case.
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!
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