Auto Lemon Laws – Do you need a lawyer?
Charles Essmeier
Buying a new automobile is usually a bid decision for most
people, and it involves a lot of time, research and most of all,
money. If you are going to be paying for something for five years
or more, you will generally take your time, do your research, and
make sure that you are spending your money wisely on a vehicle
that will last for years. Unfortunately, some new cars, like all
manufactured products, do not perform as they should and are
defective in some way. For reasons lost to antiquity, defective
cars are known as “lemons.”
California became the first state to enact legislation that
provided recourse to purchasers of defective vehicles in 1982;
since then, every state has enacted similar legislation.
Consumers all over the country may now seek either a replacement
vehicle or a refund should they find themselves the owner of a
defective automobile. Even though legislation exists to protect
you if you should find yourself the owner of a lemon, most people
are not familiar with their state’s lemon law. Is it necessary to
file a lawsuit? Do you need a lawyer? Can you go through the
process yourself?
While lemon laws vary from state to state, you can generally file
a lemon law claim yourself. The process usually involves writing
letters to the manufacturer that state your problem and filing a
claim with your state’s Attorney General’s office. You must also
submit your vehicle for repair of the problem; each state
requires that the manufacturer have a “reasonable” opportunity to
repair your vehicle. The next step is probably arbitration, in
which you and the manufacturer present your respective arguments
to an arbitration panel that will rule in favor of either you ore
the manufacturer. In many states, arbitration is mandatory; in
others, you may opt out.
While you may represent yourself during the arbitration process,
you may feel more comfortable hiring an attorney. There are many
attorneys who specialize in lemon law cases, and they may be able
to expedite the process. The presence of an attorney may also
make you feel more comfortable if you have little or no
experience with this sort of procedure. If the of the arbitration
panel does not rule in your favor, or if your state allows you to
opt out of arbitration by choice, you may elect to sue the
manufacturer yourself. This is often a last resort, as
arbitration is often a simpler and faster alternative to lawsuits
involving auto Lemon Law claims. Should you decide to sue, an
attorney will almost certainly be necessary. Many states will
allow you to collect attorney fees in a lemon law-related
lawsuit.
Should you find yourself the owner of a defective automobile, you
can certainly file a lemon law claim yourself, but many people
will find that the process goes more smoothly with the aid of an
attorney who is experienced in lemon law cases. If you think your
car is a lemon and you might need to file a claim under your
state’s Lemon Law, you should first check with your state’s
Website, or contact your state’s Attorney General’s office.
©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner
of Retro Marketing. Retro Marketing, established in 1978, is a
firm devoted to informational Websites, including
LemonLawHelp.net, a site devoted to automobile lemon laws and
End-Your-Debt.com, a Website devoted to information about debt
consolidation and credit counseling.
Charles Essmeier may be contacted at
http://www.end-your-debt.com
. Charles Essmeier is the owner of Retro Marketing. Retro
Marketing, established in 1978, is a firm devoted to
informational Websites on topics such as Debt Consolidation, Home
Equity Loans, and automobile Lemon Laws .
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