“Lemon Law” is the popular name for the Magnuson-Moss Warranty Act, a federal law protecting buyers who purchase any product that has a warrantee and cost $25 or more. The act, although it is warrantee legislation, is most commonly applied to purchases of new and sometimes used cars that have warranties.
Under the act, a product or component is allowed to be repaired a reasonable number of times before the product can be replaced with an entire new one. Most states have lemon laws and these laws may vary somewhat from the federal law.
Legal representation is necessary to protect your rights, and you should hire an attorney quickly to ensure your case is filed within the time frame established by the statute of limitations.
Also, if you win your case the Magnuson-Moss Warranty Act allows you to recover the money you spent on attorney fees, which is called fee shifting, and most states with a lemon law have a similar provision. That money will not come out of the monetary award you receive.
Your attorney during an initial consultation, commonly provided for free, will be able to tell you if you have a case or not under the law. Federal law and the law in some states allow the Lemon Law to be applied to used cars that come with warranties. Your attorney will be able to tell you if this provision applies to you.
Your attorney will ask you to keep detailed records of the problems you experienced with the product, including parts and labor for repairs, and how long you were without the product while the repairs were made. These documents are crucial to proving your case. If you don’t have some of these records, the car dealer or product repair facility can provide them.
Your attorney can contact the product manufacturer in making your Lemon Law claim. If the dealer or manufacturer of the product is not responsive, your attorney will file a complaint in civil law court and represent you throughout the legal process. Depending upon the strength of your case and with your permission, your attorney can negotiate a settlement of your case.
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