what kind of attorney handles lemon law

A skilled personal injury attorney brings the following skills to the table that can really help in a lemon law and personal injury claim: Thoroughly investigating accidents. Your attorney will be able to get to the bottom of what really caused the accident that injured you.

Full Answer

Should you hire a lemon law attorney?

If you recently purchased a new car, truck, RV, or boat and found that it has a serious defect or mechanical problem, a lemon law lawyer can help. Lemon law lawyers assist with all aspects of a vehicle purchase -- from car buyer protection plans to extended car warranties -- and can identify your options. Use FindLaw to hire a local lemon law lawyer to protect your rights against a …

Why do you need a lemon law attorney?

Mar 21, 2021 · A lemon law lawyer in Costa Mesa handles lemon law cases. In many states, it’s the dealership that is first responsible for reviewing lemon law cases and then deciding whether or not your vehicle is a lemon.

What to look for in a lemon law attorney?

If your car repeatedly breaks down and you're unable to get it repaired, you may benefit from the services of a lemon law attorney, who will know which specific problems are covered by lemon laws. Certain lemon laws also cover other mechanical appliances that fail to work properly, such as a generator or washing machine. Lemon law attorneys know the information you need to …

How does a lemon law lawyer help their client?

Apr 06, 2021 · Auto Fraud attorneys handle a variety of consumer claims involving a vehicle (new and used), including the traditional Lemon Law claims above. Below is a short explanation of the types of claims handled by Auto Fraud attorneys. All of these claims can be used for any type of consumer vehicle (including RVs and boats).

What types of problems are covered by the lemon law?

The lemon law covers defects big or small, but does not include wear and tear items. For example, you cannot make a claim for worn out tyres. It also depends if you bought your car from a direct owner or dealer. Consumer-to-consumer transactions do not benefit from the lemon law.Jun 26, 2020

How do I claim lemon law?

How to File a Lemon Law ClaimTake Your Vehicle in for Repairs. The basis for a strong lemon law claim is multiple repair attempts for the same issue or problem. ... Accurately Report Any and All Concerns. ... Keep All of Your Documentation. ... Present Your Lemon Law Claim Sooner Than Later. ... Hire an Experienced Lemon Law Attorney.

How long is NYS lemon law?

was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; AND....Cars Covered by the Used Car Lemon Law Include any car that:Miles of OperationDuration of Warranty (the earlier of)18,001-36,000 miles90 days or 4,000 miles2 more rows

How do I file a lemon law in NY?

If you have a “Lemon Law” complaint, call the Office of the NY State Attorney General at 1-800-771-7755 (1-800-788-9898 for the hearing impaired). You can find information and complaint forms at the website of the Attorney General.

What are my rights with a faulty new car?

Under the Consumer Rights Act, if the vehicle goes wrong within the first 30 days of ownership, you can simply reject it for a full refund. If a fault develops after those 30 days but within the first six months, the dealer gets one chance to fix it.Jul 9, 2019

Do all states have a lemon law?

All 50 states have lemon laws for new cars, but only six states have a lemon law for used cars. ... Each state has a different process that buyers, dealerships, and manufacturers have to follow before the car can be called a lemon.May 5, 2021

Who enforces lemon laws?

Department of Consumer Affairs – Among the many consumer-oriented resources at the DCA is an informative pamphlet on California Lemon Law called Lemon-aid For Consumers. Bureau of Automotive Repair – This agency enforces provisions of the Automotive Repair Act.

Can I get my money back from a car dealer?

Problems with cars bought from dealers You have a right to reject something faulty and you're entitled to a full refund within 30 days of purchase in most cases. ... You'll also have fewer rights, such as only being able to ask for a repair or replacement, or a partial refund.

Can I return a used car within 30 days in NY?

There is no “cooling-off” period in New York for car purchases. Some dealers may tell you that you have three days to change your mind. This is not true. But in New York City, you have 48 hours to look over a contract before signing while the dealer holds the car.

Can you return a car if it has problems?

While there are some federal Lemon Laws protecting consumers, individual states may also have their own laws regarding defective vehicles. ... If the defect is unable to be fixed after several attempts, the owner may be able to return the car in exchange for compensation or a replacement vehicle.Jul 21, 2020

Can you return a used car in NY?

DURING THIS PERIOD, THE CONSUMER MAY RETURN THE USED VEHICLE TO THE DEALER AT ANY TIME, FOR ANY REASON, FOR A FULL REFUND OF THE PURCHASE PRICE, CANCELLATION OF ANY FINANCING, AND A RETURN OF THEIR TRADE-IN, OR ALTERNATIVELY, THE TRADE-IN'S FAIR MARKET PRIVATE SALE VALUE.Mar 10, 2017

Does Lemon Law apply to private sales in NY?

ARE PRIVATE SALES COVERED? No. If you bought your car from a private individual (rather than from a dealer) you are not protected by the Used Car Lemon Law. You should consult a lawyer for advice as to other possible remedies.

What a Lemon Law lawyer can do for you

If you purchased a car with substantial, repeated problems, a lemon law attorney will be able to negotiate repairs to your vehicle or even get you a replacement car. Not only can you potentially solve your automotive issues, but many times you are also able to recover lemon law attorney fees from the business that sold you the lemon.

Why hire a Lemon law attorney

Cars with problems that substantially impair the use, value, or safety of the vehicle are often called “lemons.” If your car repeatedly breaks down and you're unable to get it repaired, you may benefit from the services of a lemon law attorney, who will know which specific problems are covered by lemon laws.

Did you know?

Last year, automakers recalled 14.3 million vehicles, recalling nearly as many vehicles as they sold. All 50 states have a lemon law. If you have been sold a lemon, contact a lemon law attorney.

What is lemon law?

“Lemon law” is a catch all term used to cover a wide variety of topics. On Avvo any questions related to vehicles are tagged Lemon law because there is no Auto Fraud category. This guide will help you determine if you need a Lemon law or Auto Fraud attorney without before you start your search.

What is implied warranty of fitness?

The implied warranty of fitness is a somewhat rare claim where the consumer told the dealer about their intended use for the vehicle as relied on the dealer to select a vehicle that would accomplish that use ( consumer says they need a vehicle that can tow a horse trailer and the dealer selects the wrong).

What is an express warranty?

Express Warranty - These are claims that dealer of manufacturer failed to repair a vehicle under warranty. This is the traditional Lemon law claims mentioned above but expanded to include used cars sold with a warranty.

What is lemon law?

Lemon law allows consumers to get a refund or replacement of a car that was purchased with a major mechanical defect. Generally, a major mechanical defect is one that one that is covered by warranty, and that cannot be repaired even after a "reasonable number" of repair attempts. Consumers can often use lemon laws to obtain a replacement vehicle ...

What is warranty in car sales?

Terms to Know. Warranty: A promise made by a dealership that the vehicles it sells are fit to drive. Recalls: A notice of a mechanical defect issued by a dealership or manufacturer. Dealerships typically pay for repairs to correct defects listed in a recall.

Is a car a lemon?

Lemon laws are highly state specific. States set the definition of " major defect" and what constitutes a "reasonable number of repair attempts," so a car may be a lemon in one state but not in another. Therefore, it is very important to find a local lemon law attorney who is familiar with your state's laws to assist you.

Can a dealership decide if a car is a lemon?

In most states, dealerships are initially responsible for reviewing lemon law cases and deciding whether a car is a lemon. These are not legal organizations, and many car dealers are eager to find a quick resolution with minimal legal involvement. Some organized car owners, who have kept detailed and complete records of their vehicle's use and repair history, find that they able to get a replacement vehicle under lemon laws without hiring an attorney. However, no dealership wants to admit that they sold a defective car. If your dealership is difficult to deal with, or refuses to decide that a defective car is a lemon, an experienced lemon law attorney is necessary to ensure that your rights are protected.

What is a lemon?

A “lemon” is a (usually new) motor vehicle that turns out to have defects. These defects can affect the vehicle’s safety, its use, or its value. Although it typically refers to any new vehicle with manufacturing defects, the term “lemon” can also describe any vehicle with severe issues. It can even apply to any consumer good with defects.

What vehicles are covered by lemon laws?

Which vehicles are protected by lemon laws varies by state. Some states may cover vehicles such as motorcycles while some do not. For example, Florida’s lemon law covers any vehicle that is designed to transport either goods or people. This includes recreational vehicles, but not their living spaces.

Is lemon law covered by lemon laws?

Any defects caused by an accident, neglect, or abuse aren’ t covered by lemon laws. In addition, any conditions caused by alterations or modifications that were not performed by either the manufacturer or an approved manufacturer’s agent (usually a dealership) are also not covered.

Can a manufacturer extend a repair?

These generally include natural disasters and weather, such as floods, hurricanes, etc. This provision is included in the law so that manufacturers can have more time should the vehicle be further damaged or the repair shop closed by a phenomenon that is not their fault.

What is an express warranty?

An express warranty is one issued by the manufacturer or seller that details exactly what the warranty provides. This type of warranty makes express promises about repair and return policies. An implied warranty is a warranty that comes from a manufacturer’s legal responsibility to maintain standards for their products. Whether a product comes with an express warranty or not, products that fail to meet certain standards can still be returned, replaced or repaired under an implied warranty.

What is repair attempt?

A repair attempt can include a replacement of a part. It can also involve an adjustment to the problem in question. It’s possible for an examination to count as a repair attempt even if an adjustment or replacement isn’t made so long as records show that later repair work is required.

What happens after a car is repaired?

After a certain number of repair attempts and a certain number of days out of service due to repairs, the manufacturer is required to repurchase or replace the vehicle . There are certain requirements that must be met under the law for this to kick in, however.

How an Attorney Can Help

At your first meeting, your attorney will gather facts and information from you, evaluate all aspects of your vehicle purchase, identify your options, and explain what you can expect.

Finding an Experienced Lemon Law or Auto Dealer Fraud Attorney

To find an attorney or law firm to help you with your lemon law or auto dealer fraud issue, go to the "Find a Lawyer" box near the upper left corner of this page. You can also search for an experienced Lemon Law or Auto Dealer Fraud attorney near you by using the FindLaw Lawyer Directory.

Definition of Lemon Law

• Lemon law allows consumers to get a refund or replacement of a car that was purchased with a major mechanical defect. Generally, a major mechanical defect is one that one that is covered by warranty, and that cannot be repaired even after a "reasonable number" of repair attempts. Consumers can often use lemon laws to obtain a replacement vehicle once their original vehicle …

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