Weisberg Consumer Law Group Home
FAQs
- What Is the Lemon Law?
- What am I Entitled to if my Car Falls Under the Lemon Law?
- Are There Any Laws That Protect Consumers if Their Vehicle Does Not Fall Under the Requirements of The Lemon Law?
- Do I Need a Lawyer to Pursue a Lemon Law Case?
- Will I Have Any Out-Of-Pocket Costs if the Weisberg Consumer Law Group Represent Me for My Defective Vehicle?
- Are Used Cars Covered by Lemon Laws?
- How Long Will My Case Take to Get Resolved?
- What Documents Are Necessary to Prove That my Vehicle Is a Lemon?
- Should I Take my car in for More Repairs if They are Needed?
What Is the Lemon Law?
State Lemon Laws protect consumers who purchase a defective vehicle that the manufacturer and its dealers are unable to repair within a reasonable number of attempts or a reasonable amount of time. Each state has different definitions of “reasonable”, but generally, if you have to take your vehicle in for repairs at least three times for the same defect or nonconformity, or it is out of service for a total of 30 days (all repairs combined), then you likely have a viable case. Our managing attorney, Alex Weisberg, has handled thousands of Lemon Law cases across the country over the past 25 years, and would welcome the opportunity to assist you with your Lemon vehicle.
What am I Entitled to if My Car Falls Under the Lemon Law?
If your vehicle is determined to be a Lemon, the manufacturer will have to either repurchase it from you or provide you with a brand-new, comparable replacement vehicle. With the repurchase, the manufacturer would essentially reimburse you for the total price of your vehicle including all fees and costs, less an offset for mileage, and they will also pay off the balance of your loan, if any. If we are not able to get the manufacturer to repurchase or replace your vehicle, we are often able to negotiate a “cash-and-keep” settlement, wherein the manufacturer pays you money based on the diminished value of your vehicle as a result of its defects and repair history. As each vehicle or product’s repair history is so different, it is best to have a qualified lemon law attorney review all the repair orders and receipts to determine the best way to proceed. Our goal is to get the most favorable resolution possible for your lemon law claim.
Are There Any Laws That Protect Consumers if Their Vehicle Does Not Fall Under the Requirements of The Lemon Law?
If your vehicle does not fall under your state’s Lemon Law, you may still have a viable case against the manufacturer for breach of warranty pursuant to the federal Magnuson-Moss Warranty Act. Although this statute generally does not require a manufacturer to repurchase or replace a defective vehicle, it does require them to compensate the consumer for the diminished value of their vehicle. The federal Act also requires the manufacturer to pay the consumer’s attorneys’ fees, which is why we generally do not have to charge our clients for our services.
Do I Need a Lawyer to Pursue a Lemon Law Case?
Although most vehicle manufacturers are willing to try to resolve a case with the consumer directly, they simply do not take it as seriously as if the consumer is represented by an experienced Lemon Law attorney. Our attorneys have settled thousands of Lemon Law and breach of warranty cases across the country. With the Weisberg Consumer Law Group representing you, you are far more likely to get the resolution that you want than if you handle everything on your own. And in the rare situation where your case does not settle, our experienced trial attorneys will give you the best possible chance of winning your case. Why would you represent yourself when you can enlist the services of a qualified attorney without paying attorney’s fees? Click here for a Free Lemon Law Case Review.
Will I Have Any Out-Of-Pocket Costs if the Weisberg Consumer Law Group Represent Me for My Defective Vehicle?
You will not have to pay any out-of-pocket costs to the Weisberg Consumer Law Group if we represent you. Moreover, we will seek payment of our attorneys’ fees from the manufacturer pursuant to the consumer laws that we utilize. In the rare case where our clients do not recover anything, we likewise do not get paid a dime for our attorneys’ fees.
Are Used Cars Covered by Lemon Laws?
A growing number of states have extended Lemon Law coverage to include used vehicles. Even if your used vehicle is not covered under the Lemon Law, you may still be able to pursue a case under the Magnuson-Moss Warranty Act. A qualified Lemon Law Attorney can review your information to determine whether or not your vehicle can fall under either your state or the federal warranty law.
How Long Will My Case Take to Get Resolved?
The vast majority of the cases that we handle settle before we are required to file a lawsuit or participate in an arbitration. Most cases are resolved within 3-4 months after we get involved and notify the manufacturer of our representation.
What Documents Are Necessary to Prove That My Vehicle Is a Lemon?
Each time you take your vehicle in for repairs, an invoice and repair order is generated by the dealer to verify the repair or service that was performed. It is important that when you pick up your vehicle from the repair facility, you request a copy of the repair order. An experienced lemon law lawyer will look at all the facts surrounding your potential claim and do a careful review to determine whether or not we can help you. Do not be dissuaded if you didn’t receive a copy of every repair receipt, there may be other ways we can prove you do have a viable case.
Should I Take my car in for More Repairs if They are Needed?
It is best to talk to an attorney before you do this, though in the majority of cases if the vehicle needs to have the repair performed in order to make it drivable or safe, you should take it in for another repair. The more attempts that are made to repair a defect or problem that exists for your vehicle or product, the stronger the case becomes in most instances. NEVER leave the repair facility without getting a copy of an invoice or repair order for your records.
