Mirror of Justice

Can You Get a Lemon Law Settlement Without Filing a Lawsuit?

July 19th, 2009 at 02:57pm Under Consumer Law

Janette Rinkenberger is a paralegal in the pre-litigation department of Brennan, Wiener & Associates, APC. She has successfully settled numerous Lemon car cases without the necessity of filing a lawsuit. Below she offers some pointers to readers who may need assistance, to get them headed in the right direction. Sidebar is the consumer rights and consumer protection newsletter published by Brennan, Wiener & Associates, which conducted this interview.
Sidebar: Is it possible for consumers to get their rights taken care of under the Lemon Law without having to file a lawsuit?
JR: Yes it is, and it doesn’t have to take forever. I see successful pre-litigation settlements happening every week at our office.
Sidebar: What does pre-litigation mean? Can a consumer get Brennan, Wiener & Associates to take a pre-litigation case on contingency? What is a pre-litigation settlement? What are the advantages to signing up on a pre-litigation basis?
JR: Pre-litigation means that you try to reach an agreement with the manufacturer or dealer without having to file a lawsuit. At Brennan, Wiener & Associates, we handle all of our pre-litigation cases on a contingency basis. A pre-litigation settlement is an agreement between you and the manufacturer or dealer in which you will be compensated for your damages in return for a release of all claims. Once a pre-litigation settlement has been reached, a document is drafted which spells out the terms of the agreement.
Some advantages of signing up pre-litigation are 1) that you might get a settlement much sooner; 2) you might be able to avoid the hassles of litigation; and 3) if you have a strong case and the other side refuses to come to an agreement with you, then we might be able to initiate a lawsuit and show that you tried to work out an agreement with the other side without having to litigate.
Sidebar: What do you recommend consumers do when they have repeated problems with their vehicles, but the manufacturers don’t seem to care or listen?
JR: Call our office and provide us with the basic information about your situation. Make sure you get all of your repair orders together. If you purchased a used car that is still under the manufacturer’s warranty, make sure you get a warranty repair history from the dealer’s service department. Continue making your monthly payments. If the car is not safe to drive, park it. Stay in communication with our office for any updates and to answer any questions. I will need the finance information in order to draft a demand letter. We review all of our cases free of charge and always advise the clients if we think we can help them.
Sidebar: What step should a consumer first take who wants to sign up with your law firm and try to get a pre-litigation settlement?
JR: Send all your documents to our office so that we can review them.
Sidebar: What can a consumer expect to get from a pre-litigation settlement?
JR: We would typically ask for reimbursement of the down payment, the total monthly payments you have made to date, loan pay-off, registration fees, rental expenses, and other incidental expenses that may apply in your case, as well as attorney fees. The other side may offer all or part of the above, in which case we would need to discuss with you how to proceed. We would typically negotiate with the other side in an attempt to reach an agreeable settlement. We cannot promise anything, as it is ultimately up to the manufacturer or dealer as to whether or not they will reimburse you, pre-litigation, for your losses. However, we do have many satisfied clients who wind up getting all, or close to all, of what they were entitled to.
Sidebar: What if the other side agrees to repurchase the Lemon vehicle? What happens next?
JR: At that point we would have to schedule a vehicle turn-in, usually done at the dealership where you purchased the vehicle. Before you turn in the vehicle, make sure it doesn’t have any damage beyond normal wear and tear. If it does, you need to have it repaired or the manufacturer will deduct the cost of repair from your settlement amount. It is also advised that you get your car washed and take your personal belongings out of the car ahead of time. Make sure you bring both sets of keys and the owner’s manual to the turn-in. At the turn in you will need to sign some documents transferring ownership over to the other party.

Tips About Lemon Law Attorneys San Diego

July 19th, 2009 at 08:56am Under Consumer Law

Consumer rights is applicable to everything when it comes to buying goods, and that includes the purchasing of automotive vehicles. The Song-Beverly Consumer Warranty Act, more commonly known as the California Lemon Law, sees to it that consumer rights is always upheld and protected, especially by lemon law attorneys San Diego.

The California Lemon Law applies to cars where the dealership has failed to repair successfully within the warranty period, despite the number attempts to do so. While the number of visits is not that specific, it usually is about your fourth visit when you should start taking the legal route. Also, if the car has been in there for over 30 days, you can apply it then as well. However, keep in mind that it is assessed case-by-case.

If ever your situation satisfy these conditions, then the manufacturer or dealership is supposed to refund your money or replace the vehicle with a similar one. The attorney’s fees are also to be included, which is good for those who can’t afford one. These can apply even if the car started going haywire outside the 18-month period or has already exceeded 18,000 miles.

This lemon law also applies to used and leased vehicles, which include boats, motorcycles, and recreational vehicles that are private and non-commercial. It can apply to business as long as they are under 10,000 pounds in total gross weight and at a total of five vehicles or less.

Customers are not necessarily in need of self-arbitration, but they will have to settle a warranty dispute to the manufacturer before taking the case to court if a state-certified arbitration program is maintained. This process usually is outlined in the warranty or owner’s manual. But then again, it would usually tell you to have it repaired by the manufacturer, which just leads you back to square one.

If the manufacturer still does not comply to the terms and conditions of warranty, then it would be wise to take it to the court. By this time, a good lawyer experienced in this field is to be hired and a questionnaire or complaint form from the Californian Vehicle Warranty Rights Act Department is to be filled up. Information such as the brand and model of the vehicle, year of manufacture, mileage, name, contact details, date of purchase, and so on is to be written down and submitted with copies of documents needed.

Upon submission and approval, you are to fill up another form that states the parameters of eligibility. Your lawyer should be able to handle this by filing a claim under the California Lemon Law with a letter to the manufacturer.

This letter will notify the manufacturer of your intentions to initiate a breach of express or implied warranty. With that, a copy of that document must also be submitted to the Consumer Affairs Department and the Attorney General’s office. These requirements are necessary for the proper processing of your case.

The California Lemon Law is there to assist in obtaining either a refund or a replacement of the car if ever bad things do happen. This is only possible if you have filed the proper documents and hired some lemon law attorneys San Diego who is experienced in this field. If you have all of those, then things can turn to your favor.

Let the Lemon Law Protect You and Your Car

July 17th, 2009 at 08:56pm Under Consumer Law

Buying a new or used car is a serious commitment of time and money, and one of the most frustrating parts of the car ownership experience is the fact that cars sometimes break down. While all cars stop working from time to time, when the repairs to the car or too frequent or too serious, the lemon law may be able to help you.

Just about every state in the country has its own lemon law in place, and the lemon law is there to protect customers who purchase automobiles and trucks from unwarranted repairs and frequent breakdowns. If you feel that your car may qualify for lemon law protection it is important to contact an attorney or consumer organization who specializes in lemon law issues. These organizations will be best able to provide you with your rights and to explain your rights and responsibilities under the law.

One of the most important things any consumer can do is to keep a running list of all repairs and expenditures on the vehicle in question. When it comes time to defend the lemon law claim, the people involved will want to carefully examine all the records in order to substantiate the claim in question. This means they will want to look at the repair history of the car to determine if it is truly excessive or just bad luck.

It is important for consumers to understand the ins and outs of the various lemon laws on the books and to carefully research the applicable lemon law before making a claim. While a claim with merit is likely to be approved under the applicable lemon law, taking the time to become familiar with the law will help make the process go a lot more smoothly.

In most cases, if the car is determined to truly be a lemon, the lemon law will dictate that the consumer be provided with either a replacement for the lemon or a refund of the full purchase price. Again, the exact lemon law language will vary from place to place, so it is important to become familiar with your own lemon law before making a claim.

If you think you may be driving a lemon, the first thing to do is to become familiar with the laws that have been designed to protect you. If you feel you may be eligible for protection, it is important to contact a qualified and reputable consumer affairs attorney to discuss your case. Driving a lemon is certainly no fun, but there are laws set down to help protect consumers who find themselves in such a situation.

Great News for Garden State senate Looks to Expand Nj Lemon Law

July 16th, 2009 at 08:56pm Under Consumer Law

Jim Griffin from Politicer.com is reporting that the Senate Commerce Committee approved legislation that would better protect consumers under the New Jersey Lemon Law for new car purchases by expanding coverage from 18,000 miles to 24,000 miles. The Bill was sponsored by Senators Barbara Buono and Nicholas Scutari.
The Committee approved Bill S-454, which would amend the “Lemon Law,” which protects purchasers of new automobiles and motorcycles. The Bill would expand the law from 18,000 miles to 24,000 miles or two years of ownership, whichever comes first. In addition, for those defects that are likely to cause death or serious bodily injury, the manufacturer would have just one chance to fix the defect before the car would have to be replaced. For non-lethal defects, dealers would be held to the current standard which allows three attempts to fix the defect before replacing the vehicle. This is similar in nature to the Maryland Lemon Law, with the exception that Maryland requires four attempts for non-lethal repairs.
“When safety is a concern, three repair attempts are two too many,” explained Senator Scutari to Griffin. “There is a major difference between an inconvenient oversight like a malfunctioning radio and the possibility that your car won’t stop when you hit the brakes. Our drivers shouldn’t have to put themselves at risk two or three times before they get a car that provides the safe transportation we expect when buying a new car.”
The Bill also requires that dealers make sure consumers receive the State’s “Lemon Law” protection Owner’s Warranty Rights Notification booklet. The bill passed the Committee by a vote of 5-0 and now awaits consideration by the full Senate. This is great news for New Jersey consumers, which already has one of the strongest lemon laws in the Nation, according to the Center for Auto Safety. The Center for Auto Safety ranked the NJ Lemon Law as the second most effective lemon law in the Country and in a letter to state legislators, CAS Executive Director Clarence Ditlow specifically said the state could strengthen their Lemon Law provision by requiring only one repair attempt if a defect threatens death or serious bodily injury, covering a vehicle that has many different problems at once, and penalizing auto manufacturers who willfully violate the Lemon Law.
The New Jersey Lemon Law also provides fee-shifting provisions which enable consumers to receive 100% cost-free legal representation. If the consumer prevails, the manufacturer must pay all attorneys fees and legal costs on top of what the consumer receives.

A General Overview of a Lemon Law Claim

July 16th, 2009 at 04:19pm Under Entertainment Law

All states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. In addition, there is a Federal Lemon Law known as theMagnusson Moss Act which provides some protections to you. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your auto must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always provide that the consumer must give the manufacturer a reasonable number of attempts to repair the problem, and the number that is considered reasonable can vary from state to state.

The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair your substantial defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc… The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.

The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer that revokes your acceptance of the vehicle. What that means is that you are attempting to rescind the contract between you and the manufacturer for the sale of the vehicle, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. Be very careful with the Arbitration process.  If your state does not require you to go through the process, you are often better off just filing a lawsuit.  After Arbitration, if the award is not in your favor, or to your liking, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious and may begin to entertain realistic formal discussions regarding your vehicle’s problems.

This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That’s right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.

What Are the Legal Requirements of the Lemon Law?

July 15th, 2009 at 02:56am Under Consumer Law

Manufacturers have for years been putting out false propaganda that a consumer does not have a lemon law claim unless he or she has four repair attempts for the same defect within the first 18,000 miles. This is simply incorrect. It is an effort by car manufacturers to discourage otherwise worthy consumers from pursuing claims for defective products.
The correct standard is whether the consumer has given the manufacturer a reasonable opportunity to repair the vehicle within the warranty period. A reasonable opportunity usually involves more than one repair attempt; I have seen few cases succeed with two repair attempts unless it’s a very serious defect which threatens the safety of the occupants of the car. “Within the warranty period” means exactly what it says: if your car has a drive train warranty for 70,000 miles and the drive train is defective, then you have 70,000 miles to have the manufacturer make the necessary repairs effectively. If they don’t fix the drive train, and if you have given the manufacturer a reasonable number of repair attempts, then you have a lemon law claim.
Also, if the manufacturer cannot fix the problem within the warranty period, and you notify the manufacturer or its dealership representative in writing within 60 days after the last failure to repair the problem, then the warranty does not expire as to that defect. Thus, if the consumer above had notified the manufacturer of its failure to repair the vehicle within 60 days after the last unsuccessful repair attempt, then the warranty does not expire as to that drive train defect.
There is something called the “lemon law presumption”, and this is the only part of the lemon law where there is a requirement of 4 repair attempts within the first 18,000 miles. This is a legal presumption affecting the burden of proof in a lemon law lawsuit. Normally, the plaintiff bears the burden of proving that he or she has given the manufacturer a reasonable number of repair attempts to fix the vehicle. If, however, the consumer proves that he or she brought the vehicle in for repairs for the same defect four times within the first 18,000 miles, or if he or she proves that the vehicle was out of service 30 or more days within the first 18,000 miles, then the law shifts the burden of proof to the manufacturer to prove that it was not given a reasonable opportunity to fix the vehicle.
The consumer gets the benefit of the presumption if he or she has two or more repair attempts for a serious safety issue within the first 18 months or 18,000 miles. The safety issue must be a serious safety issue which threatens the safety of the occupants of the car.
As a practical matter, plenty of lemon law cases go forward without the lemon law presumption. The only requirement upon the consumer is that he or she give the manufacturer a reasonable number of repair attempts within the warranty period. If this is done, and the vehicle still is not repaired, the consumer has a lemon law case.

Lemon Law Car – When Your New Car Goes Sour

July 14th, 2009 at 02:57am Under Consumer Law

Every state in the U.S. has a version of the lemon law. This law and qualification requirements are not exactly the same from from state to state, but the basic rights under the law provide you with basically the same level of protection. That is, if you purchase a car that turns out to be a “lemon,” you are entitled for a refund or replacement vehicle. But you have to know your state’s law to claim your lemon.

Your state probably also has some type of law that requires car manufacturers to honor car warranties under certain conditions. These laws also vary from state to state. It is up to you as the consumer to do some research to determine the laws and statutes in your particular state.

For example, the Texas law is available to consumers who buy or lease new vehicles in Texas. This law obligates manufactures to repair, replace, or refund the price of motor vehicles that prove to be defective time and time again. While the lemon law covers many different defects of a vehicle, you have to know the letter of the law to get your vehicle declared a lemon.

In California, the Song-Beverly Consumer Warranty Act, or “lemon law” as it is more commonly called, benefits consumers greatly. The California law provides protection when purchasing new and used vehicles, making California consumers the most protected car buyers in the country. Offenders must offer a refund or replacement car for purchases that turn out to be “lemons” under the California law.

So if you live in California you are pretty lucky if you need to use the lemon law. However, your state may have laws that are almost as good. You should go to Google and search for “lemon law” plus your state’s name to find out exactly what your state’s laws are.

Winning a lemon law battle can be time consuming. However, this law is there to protect you, and it’s becoming easier to win your case.

First of all you should get your state’s information on lemon laws, consider all of your options, call the lemon law 800 number, and put your trust in the men and women who know what to do to get you a fair settlement. They will answer all of your questions, for example, “Who pays lemon law court fees?” Every state has lemon laws that are a little different, but by all means put your faith in the system.

Using the power of your state’s law system, you will find all the answers you need. They will do the work for you and charge you little for the work. In the end, if they win the case, the person who sold you the lemon will pay your court fees anyway!

In many states, arbitration is used to solve problems when a car still under warranty turns out to be a lemon.

Lemon law provisions, like those of the California, often allow for a specific arbitration process that saves you time and money over expensive court hearings. Under the California law, there is an arbitration process that the Better Business Bureau uses that helps consumers with lemon cars.

Check into the exact lemon law requirements of your state, and before going immediately to court, it may be in your best interest to use an arbitrator.

Just be sure to get started right away by making the right contacts and keeping documentation.