Lemon Law (Hidden Damage Protection Act) is the name commonly used to refer to the Magnuson-Moss Warranty Act. This federal law protects buyers who purchase a car or other products with a warranty and costs $ 25 or more. Although it is a law on guarantees, it generally applies to the purchase of new and sometimes used cars with a warranty.
Different states have varying lemon laws, so it would be best if you familiarized yourself with your state laws. Under this law, the product or item should be repaired several times before it is replaced with a brand new one. Most states have these types of laws, which may differ from federal law.
Should I Hire a Lawyer Specializing in the Lemon Law?
Having legal representation is necessary for the protection of your rights. It is in your best interest to hire a lawyer quickly to ensure that your claim is filed within the time limit established by the statute of limitations.
Also, if you win the
lawsuit, the Magnuson-Moss Guarantee Act allows you to recover the money you spent on attorneys’ fees, known as a transfer fee, and most state laws have similar provisions. That money will not come out of the monetary compensation you receive.
What Can a Lemon Law Attorney Do?
During the initial consultation, which is usually provided free of charge, your attorney will be able to tell you if you have a legal basis to file a lawsuit. The laws of some states give chance for the Lemon Law to be effective on used cars that are warranted. Your attorney will let you know if this provision applies to you.
Your attorney will ask you to keep a detailed record of the problems you experienced with the product, including the parts and labor required for repairs and the time you had to go without the product while it was being repaired. These documents are essential to support your arguments. If you don’t have some of these records, your auto dealership or product repair shop can provide them.
During the preparation of your claim
under the Lemon Law, your attorney may contact the manufacturer of the product. If the seller or manufacturer of the product does not respond, your attorney will file a suit in a civil law court and offer representation during the court process. Depending on the strength of your arguments, and if you allow him or her, your lawyer can opt for an out-of-court settlement for your case.