The Lemon Law: Most Common Misconceptions

The way Lemon Law works is frequently misunderstood. The law endows consumers with the right to get a refund or car replacement if the vehicle purchased or leased has mechanical defects. A mechanical defect is the one that is covered by the warranty and can’t be repaired after the reasonable number of repair attempts. Yet, the way the Lemon Law works and what can be covered under this law usually gives rise to many misconceptions. Here are some common misconceptions consumers have about the Lemon Law:

1. Among the consumers, there is an unfounded belief that one can file a lemon law claim only during the time when the manufacturer’s warranty is active and valid. The truth is that you can file a claim or a lawsuit even after the warranty has expired. As long as the first repair attempt took place during the original warranty period, your lemon law lawyer can successfully process your claim and help you receive your statutory refund. 

2. Some people assume that they can’t file a Lemon Law claim if they don’t have copies of their car repairs orders. Repair orders are very important as they determine the number of repair attempts made. Repair orders also specify whether the repair attempts were reasonable or not. However, if you failed to keep any copies, don’t despair. All authorized car dealerships and their service departments keep the copies of all repairs for a long time. They will give you copies of all records upon request.

3. The first step in filing a Lemon Law claim is hiring an experienced Lemon Law attorney. Sometimes consumers avoid filing a Lemon Law case because they believe the process of hiring an attorney is too costly. The fact is that you will be awarded attorney fees in addition to your statutory refund once you win the case. So, when you hire an attorney you will not have to pay legal fees up front. In addition, this Law suggests that the manufacturer of the defective car takes the responsibility of paying for all legal fees over and above the plaintiff’s award. This means that the manufacturer should pay for all related legal fees and expenses on top of all attorney’s fees.