Lemon Law Basics

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Sunday, September 17, 2006

Top 4 Lemon Law Myths - Don’t Fall For These Traps

MYTH #1: You are not entitled to anything if your vehicle has been fixed.


In many states, if you meet one of the triggers in the State or Federal Lemon Law that deem your car a Lemon, you are legally entitled to get rid of your Lemon or get cash, even if the manufacturer later fixes your vehicle. After all, why should you have to drive around in a potentially unsafe vehicle in order to be protected by the Law? If they cannot fix your vehicle in a reasonable amount of time, your rights are triggered and there is nothing the manufacturer can do to take those away from you, including fixing the car months later.


MYTH #2: You have no case because you have traded in your vehicle


You can recover thousands of dollars of cash even if you have traded in your vehicle! Most State and Federal Laws clearly provide for cash back even after you have traded in your vehicle. Have you ever thought about all the money you paid for a car that did not live up to the standards that were advertised by the manufacturer? Or were you forced to roll "negative equity" from the Lemon that you traded in into the purchase price of your new car, thus increasing the cost of your new car? The Law recognizes this as being unfair. Due to the problems you had with your automobile, you simply did not get what you paid for it. You got something less than what you bargained for. That is the basis of your damages and these can be recovered even if you no longer have possession of your vehicle!


MYTH #3: Your car does not qualify for Lemon Law relief


In many States, there are no easy black and white “qualifications” for you to recover thousands of dollars or for you to get rid of your vehicle. This is definitely true of the Federal Lemon Law. If someone who is not looking out for your best interests, such as the dealer, told you this - be careful! Naturally, they have the car company's best interests at heart. This is the last person you should listen to. In fact, it has been rumored that the Manufacturers actually train dealer personnel to minimize the chances of a Lemon Law suits being filed by various methods. Also, many times the dealer employees have never even read the Law, nor are they licensed attorneys. More importantly, there is more than one Lemon Law and other consumer protection Laws that can be used to help you recover money, in addition to the State Lemon Law.


MYTH # 4: You must file your Lemon Law claim within a very short period of time, such as 1 or 2 years or 12,000 to 18,000 miles.


This is commonly misunderstood by people who are not trained in the Law, i.e. non-lawyers who in trying to be helpful, often do more harm than good. You usually have up to 4 years from the date your warranty was breached (i.e. after multiple repair attempts) to file a claim under a State or a Federal Lemon Law. You may have even longer in certain States and under other consumer protection Laws.


To make sure you don't fall victim to any misinformation, here's how to get the facts fast:


Use this Lemon Law Lawyer finder, to find an experienced Lemon Law attorney that knows the Laws and the "tricks" dealers and manufacturers often use on inexperienced vehicle owners.


Scott Hallman
The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanlemonlawcenter.com

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