Some Commonly Asked Questions Regarding the Lemon Law

By Sarah Ballentine

When your car breaks down, you might refer to it as a "lemon." However, there's a big difference between a car that occasionally behaves like a lemon and a car that meets the legal definition of your State's lemon law. Most people think that a car that has numerous problems while still under warranty is a legal lemon. However, the Lemon Law varies from state to state, and what qualifies as a lemon in one state might not qualify as a lemon in another. Also, many people do not know that there is a federal lemon law that has a more relaxed standard than the statute. To find out if you're driving a lemon, you should consult with a Lemon Law attorney or review the Lemon Law statutes for your state. However, if you simply want basic information regarding Lemon Law, the following is list of frequently asked questions that may help you out.

- Question 1: What is the legal definition of a lemon?

Each state has different legal criteria for establishing vehicles as lemons. However, a new vehicle that is repaired four or more times within the first year and still continues to suffer from the same defect generally achieves lemon status. In most states, the recurring problem must be something that significantly reduces the vehicle's use, market value or presents a safety hazard. There is also a federal lemon law which can provide compensation in many instances when a vehicle does not meet the definition of the state lemon law.

- Question 2: How do I know if I have a lemon?

Again, if your vehicle is under warranty and is repaired four or more times for a persistent problem that significantly reduces its use, market value or presents a safety hazard, you probably have a lemon. However, in some cases, a safety hazard that cannot be resolved with only one repair qualifies a car as a lemon. For conversation's sake, a car that breaks down or has a malfunctioning transmission would most likely qualify as a lemon due to decreased use, market value and even safety, while a car that failed to brake properly would qualify as a lemon due to a safety hazard and market value.

- Question 3: Do I need an Attorney if I have a lemon?

If the dealer is not being helpful and your calls or letters to the manufacturer are not being answered, you may want to avoid aggravating yourself further and wasting time. If you fail, you will have wasted precious time if you then have to hire an attorney. Hiring an attorney generally serves to expedite the compensation process.

- Question 4: Will I be compensated for attorney's fees?

By using a combination of the state and federal lemon law you can generally recover attorney's fees if your case is successful. However, you need to also pay attention to the type of Agreement you have with your attorney as that will govern how attorneys' fees are handled between you and the attorney. Also, make you should be aware that some states lemon laws require you to pay the manufacturer's attorney's fees under certain circumstances if your suit is unsuccessful.

- Question 5: Can leased cars, leased cars, motor homes and motorcycles be lemons?

By using a combination of the state and federal lemon law you can generally recover for leases cars as well as purchased cars. Some states also protect used cars, although under different statutes than apply to new cars. Most states cover the drive train of motor homes but not the dwelling portion of a motor home. Only a few states protect motorcycles. In the event that your vehicle isn't protected by state lemon law, you still have rights under the Uniform Commercial Code and the Magnuson-Moss Warranty Act, provided that your vehicle came with a written warranty.

- Question 6: How will I be compensated if I own a lemon car?

Under most state's laws you generally have the option of either receiving a new vehicle that is similar in price, expected performance and style to your current vehicle or receiving a full refund of your vehicle's purchase price, minus a mileage based allowance. In addition, you may also be reimbursed for various collateral costs in either case.

If you suspect that you're driving a [http://www.americanlemonlawcenter.com/]lemon car, it's essential that you consult the Lemon Law in your state to determine whether you car meets the legal definition of a lemon. However, even is there is doubt under the state statute, you should consult an attorney regarding the Uniform Commercial Code and the federal lemon law to see if you have any remedies available. In my research for writing this article about [http://www.americanlemonlawcenter.com/lemon_law_statute.php]lemon law state statutes, I found a great web site, AmericanLemonLawCenter.com that covered everything I needed to know and more.

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How to Determine Lemon Law Attorneys

By Peter Gitundu

Lemon law attorneys are necessary if you need to take your case to court. The case in question is a lemon law case where you are seeking justice. When you purchase a lemon, you do not have to be stuck with it and every state in the United States has some form of lemon law which will definitely go a long way in helping you.

Firstly, you must be aware of what exactly a lemon law is. A lemon is a new or leased vehicle that has very serious defects which are witnessed during the short time you have had the vehicle. Therefore, a lemon law is a legal legislation that puts in place measures to protect people who might find themselves with this problem and the good news is that you can have a replacement or refund.

Before you determine which lemon law attorneys are good for you, make sure that you have a real lemon. A lemon must have compromised value and safety due to the evident serious defects. It must have undergone several repairs which were unsuccessful. You must have also given the manufacturers a fair chance to repair the vehicle. You should have tried to resolve the issue for a fair deal and failed. Therefore, the court decision is usually seen as the step of last resort. You therefore need to hire a lawyer who can do the job well and they need to have some qualities before you consider having them on you side. The first thing you need to consider is the location of the law lemon attorneys.

Your state or area should have an attorney who is good and this will help reduce the costs of traveling back and forth if your lawyer stays far away. Therefore, when you are doing an internet search, you need to know that many lawyers pretend to be from your state so that they can get your case. Insist on visiting their office in your location and get to see for yourself where exactly they are located. The other important thing is the aspect of qualification and legality. In this age, many people including con men can pass for lawyers and you need to see the proof of their qualification and a valid license for them to practice. This will help build your trust for the lawyer and in turn, you can have a good relationship as you seek to win the case.

The lemon law attorneys must have the right experience in dealing with lemon law. They should have undertaken successful cases and this will help you know that they have the ability to handle the case with a high chance of winning. Experience shows you how far the lemon law attorneys have come to make a good name for themselves. They must also display confidence in the field and the way to tell this is by observing the kind of knowledge they seem to have. A lawyer who is not worth your case can be easily known. The bottom line is to have the case ruled in your favor and spending some time to choose the best attorney can only be in your best interest.

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