Is Your New Car Or Truck A Lemon?
Has it been in the shop 3 or more times?
Has it been in the shop for more than 30 days?
Does it have a serious safety defect?
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State Lemon Law and Federal warranty law protect consumers from being stuck with “Lemon” automobiles, computer lemons and other defective consumer products. Get a Free Lemon Case Evaluation and Free Consultation from experienced consumer protection attorneys. If your car or computer is a Lemon, you may be entitled to your money back, a replacement or a cash settlement. So you have nothing to lose, except that Lemon!
Lemon Law Attorneys Alex Simanovsky & Associates help consumers get rid of their lemons without charging any attorney’s fees!
Get a Free Lemon Law Case Evaluation from experienced Lemon Law Attorneys.
*When we say “FREE TO THE CONSUMER” we mean exactly that! While we don’t work for free, consumers will not be charged any attorney’s fees. We seek to recover our attorney’s fees from the manufacturer and/or dealer pursuant to State and Federal Laws.
Buying a brand-new car from your local dealership can be an exciting event. If something goes wrong with the car, you return to the dealership to have the problem fixed. When things continue to go wrong with the car, and it spends more time in the repair shop than in your possession, you may have a lemon on your hands. After ongoing excuses from the dealership with the issue still not resolved, you realize that you need the skills of a lemon law attorney.
For more than 25 years, attorney Alex Simanovsky has represented consumers with defective vehicles in lemon law cases. His law firm, Alex Simanovsky & Associates, LLC, based in Atlanta, GA, has helped more than 20,000 consumers deal with issues related to the purchase of a vehicle or consumer goods.
State and federal laws protect against significant defective mechanical and/or electrical problems for purchasers and leasers of vehicles or other goods. Lemon laws protect consumers by forcing the manufacturers to buy back the defective vehicle or replace it with a new one. Some states may require vehicle title branding, to warn prospective buyers that the vehicle has a history of ongoing issues.
Federal lemon laws protect consumers who purchased an item that cost at least $25 if the item is subject to a written warranty. With a vehicle, a single easily resolved defect does not make the vehicle a lemon, however, repeated and ongoing issues may be considered a breach of warranty.
The Magnuson-Moss Warranty Act was passed by Congress in 1975. It is the most basic of lemon laws in the United States, covering warranties in general, including vehicle warranties. The Act requires that warrantors of consumer products provide consumers with comprehensive information about the warranty coverage of the vehicle or other covered product. The Act protects the rights of the consumer and includes the obligation of the warrantor regarding written warranties.
Congress intended for consumers to have access to the complete warranty before making a purchase. This way, consumers can compare price, features, and warranty coverage to choose the product or vehicle that best meets their needs.
The Act makes the breach of written or implied warranty a violation of federal law, making it easier for the consumer to sue. Consumers may recover court costs and reasonable attorney fees if a judgement is made in their favor.
A substantial defect is an issue that affects the vehicle’s use, safety, or value, and is covered by the warranty. A minor defect, such as a loose door handle, does not meet the legal definition of a substantial defect. In all states, the substantial defect must occur within a specific period or number of miles from the time of purchase or lease and cannot be the result of abuse.
Most new vehicles perform as intended, with few or minor problems arising that are quickly resolved. On occasion, a vehicle may have a substantial defect or design flaw, resulting in the vehicle spending more time in the shop than on the road, making it unreliable and unavailable to the owner.
It is important to note, some vehicle warranties specify that if your vehicle requires service, you must take the vehicle to the manufacturer’s authorized dealer or repair facility for repair. Any work done by an unauthorized repair shop could void the warranty and disqualify you from seeking a remedy through the lemon law process.
Consumer protection laws deal with vehicles that are plagued by excessive warranty claims over a short period or that spend more than 30 days out of service.
To qualify as a lemon under most state laws, the vehicle
- Has a substantial defect that occurred within a certain timeframe or number of miles,
- Has a defect that is covered by the warranty, and
- Has not been fixed after a reasonable number of repair attempts.
The owner must give the manufacturer or authorized dealer a reasonable number of attempts, generally three, to fix the issue. For issues of defects that could cause serious injury or death, just one attempt is reasonable. In addition, the defect must be such that it makes the car unsafe to drive, lowers the value of the car, or results in a malfunction to the vehicle’s normal use.
These laws provide a way for you to remedy a situation where you might be injured by the continuing defects in your vehicle. The laws are intended to encourage manufacturers to take the necessary steps to eliminate and correct problems in new cars.
Filing A Complaint
After making the required number of attempts to have your vehicle fixed, if it still is not repaired you may file a complaint. When the manufacture fails to repair an ongoing issue after a reasonable number of attempts, you may meet the eligibility to apply for a hearing to decide whether you qualify for a replacement vehicle or a refund.
Most manufacturers will work with you in good faith, however, some do not. In this situation, you have the right to hire an attorney who specializes in lemon laws to help you with your claim.
If you believe your vehicle is a lemon and you have questions about the lemon law process, you should contact a vehicle lemon laws attorney for cars to evaluate whether your vehicle issues qualify as a lemon law case. A knowledgeable lemon law attorney will advise you of your legal rights and explain the process of filing a claim against the manufacturer.
Experienced lemon laws and defective vehicle lawyers understand your rights as they relate to lemon laws. They will work with you to force the vehicle manufacturer to provide a refund or replacement of your vehicle. The expert lemon laws and defective vehicle lawyers at Alex Simanovsky & Associates, LLC can successfully assist you through the lemon law process.