Who pays for a lemon law claim?

lemon law claim

Not a single person likes to feel cheated. And, vehicles are not a cheap investment. When the two collide, people are left feeling helpless and abused. 

Every state differs, but lemon laws do exist. With a little research and guidance, you can get justice for someone that tries to scam you when it comes to a vehicle. If you have any questions, contacting a Costa Mesa lemon law lawyer will go a long way to getting back what you deserve.

What is the lemon law?

The lemon law allows a buyer to pursue a refund for a purchased vehicle if it had major defects that were not previously disclosed. A consumer can choose to settle with the deal by getting a replacement car, too.

Mechanical defects are normally ones that were under warranty and could not get fixed with a reasonable number of attempts. 

Warranty is the promise made by the car dealership that the vehicle works and is safe to drive. If a vehicle is not under a warranty, a consumer cannot try to get a replacement vehicle or a refund.

If you want to initiate a lemon law claim, the dealer must have been given the chance to repair the defect according to the warranty. The basis of the entire deal is good faith. But, do not go this path alone. You want a lawyer at your side during a lemon law claim.

What does lemon law cover?

In the event that a consumer prefers money over a replacement vehicle, the dealership or manufacturer uses a formula to decide was is a fair refund.

Unless a buyer prorated sales tax into their monthly payments, it is refundable. 

A consumer gets their full down payment refunded.

Buyers who financed the purchase of a new or used car can have any monthly installment refunded.

License and registration costs are refundable as long as they were not prorated into monthly payments.

Sometimes when a car purchase goes awry, a buyer will have to rent a vehicle to get around or call a car share service. The incidental costs are part of what a dealer will pay in a lemon law claim.  It includes taxis, tow services, and car services. It can include other out-of-pocket expenses related to a defective car.

Lastly, the lemon law does not cover any emotional suffering or lost wages while dealing with the defective vehicle.

Understanding More about Lemon Law Claims

The lemon law states that a car dealer must have tried to fix a defective vehicle a reasonable number of times. It does not state a specific number, but it averages at least twice. Also, it does matter how old the vehicle is as long as it was under warranty.  A knowledgeable attorney helps when trying to clarify the law and how it applies to you.

Some people think that the lemon law only applies to passenger cars. Actually it includes SUVs, motorcycles, vans, and other vehicles that a warranty covers.

Also, the lemon law included used vehicles as long as they were under warranty when they were purchased. An attorney can easily check a vehicle’s status when it comes to warranty.

Sometimes a manufacturer or dealer may tell a consumer that is challenging the health of a newly purchased vehicle that they must go through arbitration. It is simply not true.

You may have heard about lemon law buybacks. Some manufacturers will buy a defective car back and reimburse the down payment, the monthly payments made, the registration fees, and any outstanding balance on the auto loan.

Lemon Law and Your Rights

People can file a lemon law claim on their own. However, many end up frustrated and confused about their rights. Attorneys that specialize in lemon law claims have all the knowledge to file the claim and do the work it takes for a consumer to get what is rightly theirs. In the end, a lemon law lawyer is the cheapest and fastest route to a positive outcome.

In a lot of cases, a consumer does not pay their lemon law attorney. Instead, their attorney will charge the manufacturer. Fee shifting includes the ability to ask the court to get involved to force them to refund the buyer for a defective vehicle. It is one of the main reasons why hiring a lawyer is the best plan of action if you want your money back.

Any time someone is dealing with a claim of any sort, an attorney is the way to go. You might not have all the information, or the dealership or manufacturer will entirely ignore your requests. But, be careful. Find a lawyer who knows the lemon law in your state. You need one that handles lemon law cases on a regular basis. 

The manufacturer is responsible for every aspect of selling you a defective vehicle. If they fail to fix it, contact an attorney, and begin the claim process. You deserve your money back if you purchase a vehicle under warranty that just will not work. Do not think you are alone and do not deserve a refund or a replacement vehicle. No having something to drive disrupts nearly every aspect of life and leaves you without a means of transportation in an emergency.

 It is your right to seek justice from a dealer or manufacturer.


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