Discovering your vehicle is a lemon can break your heart. You spent hard-earned money on a brand new vehicle, a rare occurrence for many. Within days of bringing your new vehicle home, you start noticing problems. Maybe it’s something seemingly innocuous, like a strange rattling noise or foul odor. Maybe it’s an electrical issue you notice intermittently. Maybe it’s something worse, like a jumping, halting transmission or an engine that cuts off in traffic.
Any of these problems, whether minor or life threatening, are what lemon law attorneys call “nonconformities.” Nonconformities range from minor issues including strange smells and noises, radio or air conditioning malfunctions and other irritants like engine, transmission, or safety system failures. When a new vehicle fails in such a way, state and federal lemon laws offer consumers the tools they need to get the compensation they deserve. Each state has its own lemon law, which offers different specific deadlines and limits on how long you can file a claim and what you can recover from it. The Magnuson-Moss Warranty Act of 1975, a federal law, offers a uniform protection standard across the entire nation. A good lemon law attorney knows how to leverage these laws to your benefit and ensure your claim receives the best possible outcome.
By choosing to hire a lemon law attorney, you’ve already made a positive step toward resolving your case. Some consumers think they stand a chance at successfully representing themselves in court when pursuing a lemon law claim. Sadly, they are mistaken. Attorney Allen Stewart of Allen Stewart, P.C. says an attorney represents the clients’ best interests and acts as their advocate throughout the process.
“A consumer with a lawyer has someone who knows when they’re being bamboozled,” Stewart said. “Someone who knows when what that company just said isn’t the law, or the truth, or equitable. The consumer with the lawyer has an advocate that has seen many other people in like circumstances and knows what the appropriate standard of care and compensation should be.”
Lemon law attorney Andrew Ross of Allen Stewart P.C. said a lemon law attorney knows when your vehicle’s manufacturer is stonewalling you, trying to deceive you, or otherwise acts dishonestly or gives you short shrift. Lemon law lawyers know how the system works, how to use it and know its rules inside and out. They know the proper procedures required for a favorable outcome.
“If you’re missing some of those things, or if you don’t follow certain rules, your claim can be completely tossed out,” Ross said. “You run the risk of having your case thrown out or getting a judgement that prevents you from trying to present your case again. There’s a lot of potential pitfalls.
It’s wise to do your homework before choosing a lemon law attorney. Your attorney will be someone with whom you will work closely throughout the claims process, and you should make sure you’ve found an attorney you trust. Before choosing a firm, research lemon law attorneys online and find ones with good reviews from satisfied past clients. A lemon law firm’s website will happily boast about past successes in lemon law, so firms lacking those reviews can be suspect. You can also check websites such as Google Reviews, Martindale or Avvo which collect reviews for attorneys and law firms.
Right off the bat: avoid any lemon law firm that asks for any cash up front. Consumers filing lemon law claims don’t have to pay a dime out of pocket, thanks to both state lemon laws and the Magnuson-Moss Warranty Act of 1975. State and federal laws let lemon law attorneys take their fees as part of the judgement won against the vehicle manufacturer in court, or as part of the settlement if the manufacturer chooses to settle out of court. This means clients should pay nothing out of pocket for representation. If a firm asks for money up front, look elsewhere.
If a firm promises a “fast” lemon law claim resolution within a few days, avoid them. Lemon law claims can’t be rushed, and will likely take several weeks of back-and-forth negotiation between your attorney and your vehicle’s manufacturer. That process can go longer if your manufacturer declines to settle, as then the case enters the courts and must operate at their speed. A qualified, trusted lemon law attorney will work hard to settle your claim quickly, but they will be realistic with you and set your expectations beforehand. Building a strong lemon law claim takes time, exhaustive record keeping and attention to detail, but your reward is a case so firm it encourages your vehicle’s manufacturer to settle outside of court. Your attorney can only advise you on the proper choices to make.
A competent lemon law attorney will ask for extensive records from you, including copies of all purchase documentation as well as written records for every repair attempt made on the vehicle. These documents are vital and establish the firm foundation upon which your claim rests. Competent lemon law firms won’t formally begin the claims process before receiving these documents. If your lemon law attorney doesn’t ask for these documents upfront, they likely aren’t serious about providing the best possible service.
Those documents include all warranty documentation received from the manufacturer at the time of purchase. The manufacturer must, by law, clearly state in easily understood language what all the warranty covers and the time period for which it offers coverage. These requirements are part of the Magnuson-Moss Warranty Act of 1975, which establishes how warranties work in the United States. The lemon law attorneys of Allen Stewart P.C. use this law when pursuing lemon law claims.
You should also research ahead of time whether the firm handles cases involving your vehicle type. Most lemon law cases involve conventional passenger vehicles, including cars and pickup trucks. Each states’ individual lemon laws differ on whether they cover non-personal vehicles, including commercial buses, farm equipment, semi trucks and more. The law firm of Allen Stewart, P.C. for example, does not specialize in breach of warranty cases involving commercial vehicles. Depending on the specific circumstances of the case, however, they could assist in other ways.
You should avoid firms who offer to take your case without a free initial consultation. Background knowledge is vital in a lemon law case, including how long you’ve had the problem, what kind of problem you’re having, how severe it is, and how your dealership responded to previous repair requests. These facts are important, and your attorney must know everything before filing your claim. If they breeze past these facts and file your claim without knowing these details, they’re showing they care less about doing the job right as much as they care about doing the job fast.
An important question to ask when choosing a lemon law attorney is whether they work individually or as part of a team. Lemon law firms often pool their experience and expertise to offer clients the best representation possible. This lets them solve many potential problems and avoid potential pitfalls when pursuing your lemon law claim. Allen Stewart P.C.’s attorneys have combined decades of experience fighting against automotive manufacturers in and out of the courtroom.
The lemon law lawyers of Allen Stewart P.C. are ready to help you pursue your lemon law claim. They have spent years making a name for themselves taking on automotive manufacturers who don’t stand behind the products they sell. Statutes of limitations, however apply to lemon law cases so they longer you wait, the harder it will be to get the compensation you deserve. Contact the offices of Allen Stewart P.C. today and start the claim process. Don’t let a defective vehicle leave you stranded. Reach out today and get back behind the wheel.