Car Buyers having trouble with the New or new-to-them Used Cars they purchased from a car dealer, are quick to search “lemon law lawyers near me” but in this DIY era where all the answers can be googled, another common search term is “Do you need a lawyer for a Lemon Law Case?”

The answer is probably a big loud Yes but for reasons you may not expect.

DEFINITION OF A LEMON LAW CASE

Before going any further, let’s define a Lemon Law case in the state of California, as defined by statute and explained here in a glossy brochure by the California Department of Consumer Affairs.

Typically, you’ll need to have the following facts for your case:

  1. Purchase a new and used vehicles that come with a warranty for personal use,
  2. Experience a defect or problem which is covered by the warranty, and
  3. Give the manufacturer, dealer, or whoever provided the warranty and can’t repair defect or problem a “reasonable” number of attempts.

If you have these facts on your side, you may be in line to:

  1. Get your money back on the car, truck or RV.
  2. Get a replacement.

But what if you are missing some of these critical ingredients? Or didn’t buy or get a Warranty?

Can you still have a case if the Dealer did something “shady”?

Potentially yes, but you’ll definitely need the help of what’s known as an Auto Fraud lawyer, like us at the Auto
Fraud Legal Center to figure that out.

NOTICE & COMMON SETTLEMENT OFFERS / MISTAKES

At the conclusion of your “reasonable efforts to repair” journey, you will most likely make it known to the company(s) who provided you with the warranty, most likely the dealer and/or manufacturer, that you are unhappy and want your car to be eligible for Lemon Law relief.

If they know you have a good case and are afraid, they may make one of the following offers:

  1. Discount to keep the car.
  2. Return the car for a replacement or your money back..

Under the circumstances, these may seem like reasonable offers, and you may just be looking to move on.

BUT – be careful!

Dealers or manufacturers may

  1. Overcharge you for or incorrectly determine the amount of the mileage offset the lemon law allows them to charge you,
  2. Try to charge you for “alleged” damage to the vehicle, which they are not allowed to do,
  3. Ask you to sign a document waiving all your rights or claims to the vehicle in the future, or
  4. Ask you to keep all the terms of your settlement confidentiality, which they are not permitted to do, including these terms may give you additional claims beyond your “lemon law” claims.

Without consulting an Auto Fraud expert like those at Auto Fraud Legal Center, you may agree to terms that you are not required to agree to and this may end up costing you a MONEY.

Therefore,  to answer your original question …

Do You Need a Lawyer for a Lemon Law Case is YES!

 

ARBITRATION OPTION

Manufacturers frequently will tell you about their great arbitration programs and suggest you use them to attempt to resolve your claims.

Before agreeing to this option, there are a number of factors to consider regarding arbitration., including:

  1. The program is paid for by the manufacturers.
  2. You are not required to use their arbitration programs.
  3. Arbitrators often times do not understand the claims you are making or can make, such as the implied warranty of merchantability.
  4. Manufacturers don’t tell you that if you go to arbitration and lose, they can later tell the jury at trial that an arbitrator found that you did not have a lemon law claim.

Thus, before you decide to use a manufacturer’s arbitration program, it is a good idea to consult with a lawyer, like a lawyer at the Auto Fraud Legal Center to determine whether arbitration is right for you.

LEMON LAW LAWYER OPTION

You’ve seen enough billboard ads and it seems that if you even think the phrase “lemon law” that Google will be showing you ads for firms who practice this area of law.

If the settlements that the manufacturers and dealers make are fair, and if the Arbitration program is effective, do you think this many lawyers would be spending their time and money on these cases? Probably not.

The bottom line is that YOU DO NEED A LEMON LAW LAWYER to:

  1. Evaluate your case and find ALL the claims you may have against a dealer and the manufacturer based on not only the car but the transaction, which is where most of the Auto Fraud abuses are found. You don’t want to waive your claims until you know what and how valuable they may be.
  2. Assess the value of any offer received in the initial settlement phase or even during the “reasonable repair” timeline, and negotiate on your behalf.
  3. File a lawsuit instead of using the Manufacturers Arbitration programs to make sure your rights are properly protected and free from undue influence by the big auto companies. If you have a solid case, you will likely get the value of your claim as part of a fair settlement offer once all the facts are known.

COST OF A LAWYER

Many Lemon Law firms, like the Auto Fraud Legal Center,  will take you case on a contingency basis, which means that you will not pay out-of-pocket for their services up front or during the case.  Rather, the lawyers are entitled to have the fees they have incurred paid for by the losing dealer or manufacturer.

NOT SURE WHAT TO DO?

We helped thousands of families just like yours who buy a car in the state of California resolve a wide variety of legal issues. Reach out to see if you have a Lemon Law or Auto Fraud case today.

Reach Out Now for Help!

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