Lemon Law FAQs

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 serious defect, 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 love the opportunity to assist you with your Lemon vehicle.

If your vehicle is determined to be a Lemon, the manufacturer will have to either repurchase it from your or provide you with a brand-new, comparable replacement vehicle. With the repurchase, the manufacturer would essentially have to 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 due to the diminished value of your vehicle as a result of its defects and repair history.

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.

Every state’s Lemon Law is a little different in terms of its definition of “reasonable” and the deadline by which a consumer must file a case. But if the time to file a Lemon Law case has passed, you may still be able to take action under the Magnuson-Moss Warranty Act, which allows a consumer to file a case within four years after the date on which its warranty was breached.

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.

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.

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.