What Does a Lemon Law Attorney Do?

Consumers who suspect they are among the tens of thousands of customers who purchase or lease a defective vehicle, aka a lemon, each year often seek legal advice from a Lemon Law lawyer. As consumer protection lawyers, lemon lawyers interpret both state and federal consumer protection laws that cover breach of warranty claims, aka Lemon Law claims.

Lemon Law attorneys help their clients get justice from auto manufacturers who sold them unreliable vehicles. If a vehicle does not meet the manufacturer’s standards after a reasonable number of repair attempts, the vehicle is likely a lemon and the consumer may be able to obtain a refund, replacement, or cash compensation to make up for the diminished value of the vehicle. Lemon law attorneys represent consumers to enforce their breach of warranty rights against the manufacturers.

Lemon Laws By State

Almost each state in the United States has its own version of a Lemon Law. The Lemon Laws differ state to state and are nuanced and rather complicated. Consumers should consult with a lemon law attorney in order to fully understand their rights and the potential remedies involved with their individual cases. Without the legal advice of a lemon law attorney, it can be very difficult to know whether a vehicle qualifies as a lemon. There are some indicators, however, that signal that a vehicle may be a lemon.

Lemon Law Presumption

Many states have what is known as a Lemon Law Presumption. This presumption varies from state-to-state, but typically, assumes a vehicle is a lemon if a defect persists despite multiple repairs during a certain time period or the vehicle being out of service for a certain number of days. 

The lemon law presumption is not the only way in which a vehicle can qualify as a lemon. Vehicles that do not fit the presumption can also qualify.  This is where having a knowledgeable and skilled Lemon Law attorney comes into play; i.e., to navigate the complexities and nuances of the consumer’s specific state lemon law as it pertains to each consumer’s specific needs.  

Lemon Law Litigation

Once a vehicle qualifies, Lemon Law lawyers represent the consumers either through pre-litigation or litigation against the manufacturer. Pre-litigation representation consists of the attorney attempting to resolve the matter informally with the manufacturer without filing a lawsuit. 

Litigation representation consists of the attorney initiating a lawsuit against the manufacturer.  With both types of representation, the consumer is the plaintiff and the manufacturer is the defendant. To resolve these disputes, Lemon Lawyers seek to obtain a repurchase, replacement vehicles, or cash compensation for their clients.

Lemon Law Repurchases

A Lemon Law repurchase is a remedy where the consumer relinquishes possession of the vehicle to the auto manufacturer who agrees to reimburse the consumer for all monies spent on the vehicle, including the down payment, monthly payments, incidental and or consequential expenses related to the lemon, minus a usage fee. 

The usage fee is a value assigned to the vehicle for when it was driven trouble-free. Here, the auto manufacturer also agrees to pay off any remaining loan balance or lease payments.

While many cases resolve for a repurchase, others conclude with the consumer receiving a replacement vehicle from the manufacturer. This replacement vehicle must be substantially similar to the original vehicle.

Another potential remedy is what is known as the cash and keep. This is where the consumer retains possession of the vehicle and receives cash compensation for the issues experienced with the vehicle.

Hiring a Lemon Law Attorney Can Help

No matter the type of legal remedy, Lemon Law lawyers are essential pieces of the process. Lemon Laws, both at the state and federal level, can be challenging to interpret. Thus, the legal advice and counsel of an experienced and well known Lemon Law attorney is important for consumers pursuing Lemon Law claims. This will ensure the consumer the best chance of having a successful Lemon Law claim.