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When You Find Yourself Left with a Lemon, Choose to Make Lemonade—Consult a Consumer Advocate

Topic: Legal ServicesPublished July 9, 2018

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Owning a car is a huge decision, and an expensive one. And nothing can make you feel more frustrated with that experience than finding out your new car is in constant need of repairs. Constant leaks. Constant malfunctions. Constant trips to the mechanic. And if that happens, you’ve found yourself a lemon.rnWhile having a car that breaks down constantly is a bummer, you do have options. You can represent yourself and attempt to get a refund or an exchange from the dealer for instance. Here’s a list of a few options you can do alone and some signs to look for when wondering if it’s time to get a lawyer. rnFigure out if you own a lemon. Not every lemon is covered by the lemon law. In order for a vehicle to be labeled as a lemon, it needs to regularly fail to meet warranty standards even though it’s still protected by the warrantee. This is most evident through repeated failed attempts to fix whatever issues plague your car despite numerous visits to the mechanic. rnThere are many lemons, thousands, simply because it’s more profitable to have cars that have defects that need to be repaired rather than a car that lasts forever. This not only results in tons of lemons, but tons of complaints to the National Highway Traffic Safety Administration. Some of the most common complaints in 2018 for lemons were the Jeep Compass, Chevy Equinox, Toyota Camry, Honda Accord, Honda Odyssey. These cars had problems that ranged from simple issues like faulty backlighting in the dashboard to faulty driveshafts and problems with gear shifting. More so, there were serious safety concerns with the Honda Odyssey that could have resulted in fatalities because of issues with brake failure.rnKnow what counts. As annoying as dings, dents, or scratches may be, they’re not covered by the lemon law. Neither are any concerns that cannot be directly related to the manufacturer along with negligence, abuse, or vandalism not connected to the vehicle’s purchase. There are definite catalysts that make you eligible for protection under this law, like failed performance despite repeated maintenance. The qualifications differ from state to state, so be aware of those.rnHow to be better prepared. Once you think you have a lemon, time is of the essence. The lemon law only protects cars for a certain period of time. Make sure you utilize your rights while your car is new, this gives you around two years depending on what state you purchased your vehicle from. Be aware that it isn’t always time. Some states check the car’s mileage. The next step is to collect all your purchase documents. You want to make sure you hold onto receipts, estimates, and other documentation that illustrate how much time your car was at the shop. When you’re ready, approach the dealer and ask for a refund, buyback, or replacement. If they dealer refuses, request again, but in writing this time. Be firm. Be polite. Be diligent. Record everything and if the dealer refuses again, you should think about taking your documentation to an attorney.rnKnow the outcome. The lemon law serves to make the customer’s buying experience complete. This happens through one of three ways: Replacement: In this situation, not only does the dealer replace your lemon with a new car, but they cover any lawyer fees if you sought guidance. Return: In the case of a return, the dealer will refund your money so you are able to buy a new car and pay for any lawyer fees if you used one. Cash: In the final scenario, if you’re okay with the defects, you’re still entitled to a cash payout. You keep the car and the dealer pays you a sum. If you hired an attorney in this case, the fees would come out of this compensation. rnUse the law to expedite the process. While it is completely possible to go after the lemon laws independently (filing a complaint, seeking arbitration, and suing can all be done by the owner), having a lawyer will speed things up. It will prevent the dealer from making the process more complicated by drawing out the ordeal. It will also maximize any potential settlement while potentially leaving you with more money even after paying the lawyer’s fees than if you attempted to go through the process alone. rnSqueeze that lemon dry. People often don’t fully understand the extent of their protection as consumers under the law. The lemon law creates a vast umbrella of protection from dealers attempting to offload defective cars onto innocent victims. The laws vary from state to state, but are there to help consumers as long as you take the right steps to make sure you don’t get stuck with a lemon. The lemon law isn’t a fairytale; it’s a real protection available to those who find themselves stuck with a lemon. And most importantly, getting a lawyer to represent you will cost you nearly nothing as in most cases the fees are covered by the dealer.

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