You may rue the day you laid eyes on your current ride, but that doesn’t necessarily mean it’s a lemon. The litmus test is a substantial problem that negatively affects the value, safety and/or function of the vehicle. Based on that, a broken cup holder would not qualify; however, paint defects very well could despite the fact the car drives just fine and your life is not in danger. An unresolved paint defect could substantially impact the resale value of your vehicle. The following is a fairly comprehensive list of defects that could qualify if your dealership has not been able to resolve the issue:

• Engine
• Transmission
• Brakes
• Steering
• Suspension
• Water/oil leaks
• Paint defects
• Vibrations, rattles and noises
• Electrical

Remember, you’re not stuck with a lemon. If you suspect your car qualifies as a lemon and you need legal advice, contact us using the form on the right and we’ll help you locate a lemon lawyer.

Step One: If you think you may have a “lemon,” check your state’s lemon law. These laws dictate the number of repair attempts, the time the vehicle is out of service and the time limit on initiating a lemon law case.

Step Two: File a Letter of Notification with your car’s manufacturer. The procedure and address should be in your Warranty booklet. From this point on, you will be dealing with the manufacturer and their legal team rather than the dealership.

Step Three: If you get turned down by the manufacturer, your either have to or have the option to (depending on your state law) going through the Informal Dispute Resolution. Some manufacturers work through independent third-party organizations; some states have established their own arbitration procedures for lemon law disputes.

Step Four: If you’re still not satisfied with the Informal Dispute Resolution and haven’t done so yet, hire an attorney who will advise you on the next step. An attorney may be more effect in resolving your issue without going to the final step.

Step Five: File a lawsuit. At this point, you have to hire a lawyer. The manufacturer has a whole legal team, you need proper representation.

Optional Step: At any point along this road, you can consult with or hire an attorney. Fill out the form on this post and we’ll help you locate a lemon lawyer.

If you suspect your vehicle is a lemon, contact us using the form to the right and we’ll help you locate a lemon lawyer.

You’ve heard the phrase “paper trail.” In a lemon law negotiation or lawsuit, that is the trail that guides the decision to a resolution in your favor. There are two phases of this documentation process: First, it’s a good idea to have a full repair log on any vehicle as well as all accompanying work orders and invoices from repairs and maintenance. If you’re thinking this sounds like a lot of fuss and bother, remember, an accurate history of your vehicle and its maintenance is invaluable when it’s time to sell it and can increase the value of the vehicle. Second, that documentation is the first step in proving you have a lemon.

We’re going to assume your vehicle was purchased new, is on a factory warranty and is being repaired and/or maintained at a dealership. While it may not be the most invigorating read, check your warranty carefully. Be very careful to keep your warranty intact. Examples of actions that could void the warranty include having repairs done at a non-authorized garage, not adhering to the recommended maintenance intervals and adding some aftermarket products. Generally, having routine maintenance done at an independent garage will not void your warranty, but make sure.

We’ll start with day one:

• Keep your warranty information, dealer purchase contract originals or a copy in a file folder. The owner’s manual serves its purpose in the glove compartment of the vehicle. Put it there and keep it there, preferably protected from getting shredded by all the rest of the things kept in glove compartments. Note the date and odometer reading when you take possession of the car.
• For each maintenance visit (whether it’s to the dealership or your own mechanic) and repair, make note of the following:
• The date and mileage when you took the vehicle for service and date the car was ready for pick-up, plus the mileage when you actually picked it up.
• The name of the repair location and the repair order number. Keep the repair order and invoice in your car file.
• For repairs, include a description of the problem and work requested. At the garage, describe the problem in as much detail as you can, but never offer your own diagnosis. For a recurring problem, make sure you describe the issue to the mechanic in exactly the same words. This avoids claims that the second, third, etc. visits were for “different” problems. Do not sign the repair order or estimate unless the specific problem is written on it.
• Include a description of the work performed; the information should be on the dealership’s invoice. Put the paperwork with the repair order in your file. If the dealer not provide an invoice because the work was done on warranty, make a note of that in the log.
• Note whether the problem was “fixed.” In all fairness to mechanics, if a problem is intermittent and he cannot duplicate it, it’s tough to fix it. This is another reason to be detailed in your description. If the problem pops up after the car is warmed up or at freeway speeds, the mechanic needs to know this. If the issue is unresolved and then recurs, this is a new entry in your repair log and a new repair attempt for the same problem. This series of attempts to solve a mechanical issue is the basis for a lemon law claim.

All of the above are relevant to any car. When a significant repair issue occurs, it’s time to go into a more serious documentation mode.

If you suspect your vehicle may be a lemon and want legal advise, contact us using the form on the rightand we’ll help you locate a lemon lawyer.

The best advice we can give you is to contact and/or hire an attorney as soon as you can afford to. Technically, you don’t need an attorney unless the issue goes all the way to the courts. If money is an issue, the federal law allows you to collect attorney fees if you win in the state courts. If time and hassle is your issue, an attorney has the potential to resolve your issue to your advantage more effectively and faster than you could on your own.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.

We can’t all enjoy the protection of a new car warranty or, in some cases, the protection of time left on a new car warranty in a used car purchase. What about that five or six year-old pick-up or high mileage sedan we buy with the anticipation that it will hold up for a reasonable amount of time? Only a handful of states offer used lemon protection and older used car complaints won’t hold up under federal warranty laws. Throw into this dismal mix the fact that body shops and mechanics can work superficial wonders with known lemons, stolen and stripped vehicles as well as those that have been totaled and salvaged.

The best way to deal with these potential disasters is to avoid buying them. Modern technology can help. Companies like CarFax or your insurance company can search the history of your vehicle, based on the VIN number, and turn up discrepancies in the odometer reading as well as any accident or theft reports and warranty claims. More importantly, if the car has been totaled, either as the result of an accident or flooding, that will show up on the final report.

Common locations for VIN numbers are

• The car’s firewall
• The radiator support bracket
• The machined pad on the front of the engine
• Driver’s side door or post on the passenger side
• Component parts such as engine, frame, etc.
• The dash near the windshield
• Left side of the inner wheel arch
• Steering column
• Warranty and maintenance book

If you notice more than one VIN number during your inspection of the car, walk away.

Where to Buy a Used Car

The safest place to buy a used car is a new car dealer; they run too high a risk by selling used lemons. A new dealer will also be the only real source of a “certified” used car, which is a form of short-term warranty and an assurance that the car has been thoroughly checked out by the dealer’s mechanic. Used car dealers and private parties will offer better prices on used cars, but offer little, if any, guarantee. If finances send you to either of the above, you need to be extra smart when it comes to inspecting the vehicle and it’s imperative to run a VIN check.

Inspecting a Used Car

If you have any question about your automotive/mechanical aptitude, take a friend with these skills. If you’re prone to rash decisions or timid, take a friend to save you from yourself.

• Bring a flashlight, a notepad and wear clothes that allow you to totally explore the car.
• Ask for the title. A private party should have it on hand as should a used car dealer.
• Look for ripples down the sides of the vehicle as well as on the hood and trunk lid. Ripples or dull or mismatched finishes could indicate a bad fix following an accident or worse yet, a serious accident. Open and close all the doors, the engine hood and trunk lid. If there’s any resistance or they do not align when closed, that’s another indication of a bad wreck.
• Check for paint bubbles near the door, windshield and sunroof moldings, around the bumpers, grill and wheel wells. These paint bubbles are the first sign of rust. Ask the seller to punch the bubbles with a screwdriver. Small rust spots can be easily repaired; if that screwdriver pokes through metal, that’s a more extensive and expensive fix.
• Check the trunk for water stains and rust and to verify there is a spare tire. If you’re buying a pick-up with a slip-in bed liner, check under the liner for rust.
• Check under the car and in the wheel well. If either has been recently undercoated, the reason is probably rust.
• Go through the interior carefully to identify any missing parts or serious water stains.
• Look at the tires for even wear. Uneven wear is a sign of a problem, from a bad alignment to suspension problems.
• Before you test drive the vehicle, turn on the engine and check the exhaust system. There should be no fumes escaping from anywhere in the system except the tail pipe. Make sure there is no blue smoke coming from those pipes.
• Apply pressure to the brake pedal and keep the pressure on for about half-a-minute. If the pedal keeps going to the floor, there is probably a brake fluid leak.
• If the vehicle is an automatic, put your foot on the brake pedal and slip from neutral to reverse and neutral to drive. You should not hear a clunk.
• If the vehicle is a manual transmission, test the clutch pedal. The pressure required to depress the pedal should be consistent with what you know is a sound clutch. Unfortunately, this is a subjective test. If you’re used to a high mileage vehicle with an old clutch, you may not have a realistic idea of what a clutch pedal should feel like.
• Before you test drive the vehicle, move it a car-length from where you first turned on the engine. Look for fresh oil or fluid leaks.
• Now, the test drive. Plan on a good 30- to 45-minute test preferably at both street and highway speeds.
• Make sure the automatic transmission shifts smoothly. For a manual, run through all the gears. It’s not uncommon for reverse to be difficult to hit on the first try; none of the other gears should offer any resistance.
• The brakes should not make noise. The noise could be as simple as a need for new brake pads, or a more expensive rotor/caliper repair. The first time you check the brakes, leave plenty of room for the stop. Some vehicles simply have a better braking system than others. Make sure you can live safely within the stopping range.
• Assess the feel of the steering wheel, especially at highway speeds. The car should track straight, the steering should not vibrate or jerk or resist when you make a turn. Make sure any body roll is consistent with the way you enter and exit turns. The relative stiffness of a vehicle’s suspension system is a matter of driving ‘taste.”It is also a safety issue if suspension parts are worn or damaged.

If you’re pleased with the test drive, take the car to your mechanic to be thoroughly checked out. A tune-up just prior to sale can cover up a lot of serious issues that would be obvious with a good mechanic’s scrutiny.

This all may seem like a lot of trouble for a used car purchase, but if the car has a checkered past or is harboring a serious defect, it’s a lot less trouble and expense that dealing with a used lemon.

If you suspect your vehicle is a lemon, contact us using the form to the right and we’ll help you locate a lemon lawyer.

Okay, here you are. You and your attorney are confident you’ve got a winnable lemon law case but have gotten no satisfaction as you’ve journeyed through all the required steps. Now it’s time to take it to the mat—the civil courts. This may generate a quick settlement; there are still a number of opportunities for the manufacturer to avoid the courts. Here’s what to expect.

• Your attorney files a summons and complaint against the manufacturer.
• Direct communication has now stopped. The manufacturer will now reply through the courts. The company will either settle or deny the claim.
• You have the option of requesting a trial before a jury or a judge (bench trial). Your attorney will probably opt for a jury trial as the panel will be more sympathetic to you than the manufacturer. Prospective jury members are always asked questions before being seated to establish their fairness to both sides. But juries tend to be more sympathetic to the “little guy” who is being victimized by the manufacturer.
• Both sides will agree on a court date. History shows, however, the manufacturer will ask for a number of delays in the hope you’ll give up and go away. Your case may take over a year to actually get into a court room.
• You’ll probably get an interrogatory, which is a list of questions you and your attorney will have to answer. You’ll also be required to turn over copies of all your documentation. If you’re a TV lawyer fan, this is the equivalent of discovery which in criminal cases allows the defense to know all the evidence upon which the prosecution bases its case. In your lemon lawsuit, you’re the prosecution and the manufacturer is defending itself.
• Another step in the discovery process is the deposition. This is an in-person version of the interrogatory and allows the manufacturer’s attorneys to assess your impact as a witness as well as garner as much information as possible. Stay calm, answer only what you’re asked, and review possible questions with your attorney.
• Anticipate at least one settlement conference before your trial date. This is the point at which you need to trust your attorney and his evaluation of your case. The cynical version of these conferences is that the manufacturer will offer you just barely enough to pay your attorney and walk away with a thousand or two in your pocket. They may offer to cover the defective part of your vehicle for the life of the car or offer to buy the vehicle back at blue book value. They will rarely offer to replace the lemon with a new vehicle. It’s your decision to make, but listen to your attorney.
• So, now you’re actually in court. In terms of format, the actual trial is a more formal but follows the same steps of the Informal Dispute Resolutions. Each side presents its case (without time limits imposed in the AutoLine procedure) and has the opportunity to question and rebut the other side’s witnesses. You watch court dramas on television—you know the drill. The composure and factual responses required at the deposition goes double at trial.
• The job of the manufacturer’s attorney is to minimize your vehicle’s defect and not so subtly hint that your case is baseless and you’re going after the manufacturer’s deep pockets. Remember that your case is an extension of state lemon laws. Remember all manufacturers produce a certain percentage of defective vehicles. That’s not at issue. No one can claim to have a 100 percent flawless work product. What is at issue is that the manufacturer is required by law to make it right for the owner of those defects.
• Possible outcomes: You could lose. The manufacturer could be required to repurchase your vehicle which could include the original down payment, trade-in equity, monthly payments, loan/lease payoff—it depends on what is allowed by the state lemon law. The manufacturer could be required to replace the vehicle which usually means the “new” model. Depending on each state law, there will be a mileage offset. In some states you may be eligible for civil penalties awarded if your attorney can prove the manufacturer “willfully” refused to repurchase a vehicle when required to do so. In California, civil penalties could be as high as twice the price of the vehicle.

If you suspect your vehicle is a lemon, contact us using the form to the right and we’ll help you locate a lemon lawyer.

You’re not necessarily doomed if you feel you bought a used lemon. The first step in determining recourse is to check your state’s lemon law. If used vehicles are not specifically included in your state’s lemon law, you still may be able to resolve your lemon issues under the federal Magnuson-Moss Act that deals with lemons as a manufacturer’s warranty issue.

Warranties on Used Cars

You could be entitled to compensation for a used lemon if one of the following applies:

There was a manufacturer’s warranty left when you purchased your vehicle. The shortest warranties, either basic or power train, run for 3 years or 36,000 miles. Many run significantly longer. You’ll notice from the State Lemon Law summary, that the coverage period under state laws is either the warranty or 1 to 2 years or 12,000 to 24,000 miles, “whichever comes first.” Obviously, most used cars would have exceeded this parameter. But, the federal law can still be applied.

The vehicle was “certified” by the manufacturer and comes with a short warranty, usually one year.

You purchased a manufacturer’s extended warranty which typically runs for 5 years or longer.

Consumer Protection Laws

There still may be legal avenues available if your used lemon has no existing warranties – particularly in the following cases:

• Laundered lemons with a prior history of mechanical problems known to the seller.
• Previously salvaged or wrecked
• Fraudulently rolled back odometer
• Rental or police car, information not revealed at the time of sale
• Stolen, stripped and rebuilt
• Involved in a flood

There are state laws addressing these types of fraudulent car transactions. Private car resales may be considered “as is” purchases, but that does not allow the seller to break the law in the process.

Unfortunately, the easiest way to deal with a used lemon is to avoid buying one in the first place.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.

Yes and no. Yes, for all repairs covered under the warranty. If you opt not to use the dealer where you purchased your car, you still have to go to an “authorized dealer.” No for oil changes and most regular maintenance, but check your warranty before you make that decision. If you use a non-authorized mechanic for repairs under warranty, you will probably negate your warranty and, consequently, your rights under lemon laws. Some aftermarket product installations have the same effect.

If you suspect your vehicle is a lemon, contact us by filling out the form on the right and we’ll help you locate a lemon lawyer.

Very important. That paperwork is your “evidence” once you start lemon procedures. You also need to make sure the paperwork properly represents your complaint about the car. Once you think you may have a lemon issue, double-up your documentation with notes.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.

Some do. Check the fine print in your state’s lemon laws to find out for sure. If the manufacturer’s warranty is still in effect, as well as your state’s lemon law time limit, all pertinent laws still apply. If you bought the vehicle as a “certified” used car from a dealer, it probably has a short warranty. Finally, your used car is covered if you purchased, or the car came with, a manufacturer’s extended warranty still in effect. Again, check your state law. If the warranty is still in effect, but your state time limit has run out, you could bring suit in state court under the federal Magnuson-Moss Warranty Act. For that possibility, your best bet is to check with an attorney.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.