Lemon law lawyer can make or break your case
Every state has a lemon law to help consumers with problem vehicles. The system is designed to be a sort of a self-service sort of thing, but sometimes you can benefit tremendously from having a lawyer. They’re not necessary, but a lawyer could be the difference between winning and losing your case..
.Lemon law attorneys not necessary, but they could make a difference
Since their introduction in the early 1980’s, thousands of Americans have benefitted from the auto lemon laws enacted in all fifty states. The statutes were passed in order to help consumers with problems associated with habitually broken or defective automobiles, and on the whole, they have been successful. The system, as it stands now, is designed so that consumers with problem vehicles can address the problem themselves. But there are times when it may not only be useful to hire an attorney, but times when having a lawyer may make all the difference in the world.
Here are some examples of how hiring an attorney can help you with a lemon law case:
They can shorten the process - There are three times in the process when a manufacturer may offer a refund or replacement: when you first contact them about the problem, after you win an arbitration case, or after you win a lawsuit. Some manufacturers may feel more likely to win their case if you do not have legal representation. Having an attorney on your side, especially one with a good track record of handling lemon law cases, may inspire the manufacturer to settle your case sooner, rather than later.
Arbitration favors the manufacturer - All of the major auto companies make arbitration available for consumers with problem vehicles। The system, on paper, appears to be fair and impartial, but it often isn’t. By some estimates, manufacturers win up to 90% of arbitration cases. That shouldn’t be a surprise; arbitrators of manufacturer-supported programs are paid by the manufacturers. Many consumers give up their cases after losing in arbitration, but consumers who follow up losing arbitration cases with lawsuits often win them. Having an attorney, especially after losing arbitration, is vital.
They don’t necessarily cost too much - Most states permit consumers with lemon law claims to receive attorney fees in addition to restitution for their defective vehicles. Should you win your case, the manufacturer will pay your attorney. It’s a win-win situation for you.
Your attorney can advise you when your case is poor - Some states do not permit consumers to collect attorney fees in lemon law cases. Worse, some states require the consumer to pay the manufacturer’s attorneys should the manufacturer prevail. Since these fees can exceed the value of the automobile, there are times when pursuing a case in court is not a good idea. An experienced lawyer will know when you shouldn’t continue.
Consumers are always permitted to follow through on defective vehicle complaints on their own, without legal representation. In some cases, particularly if the evidence is overwhelmingly obvious, representation may not be necessary. In other cases, particularly when the manufacturer is being difficult, it may well be worth your time to speak with an experienced attorney. Use your best judgment.
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Tuesday, April 3, 2007
Lemon law lawyer can make or break your case
California lemon law for in-state buyers only
California lemon law for in-state buyers only
A recent court ruling affects Californians who purchase vehicles out of state for in-state use. They may find that they have little or no protection under the state lemon law..
.California Lemon Law will not protect out of state buyers
The cost of a new vehicle is higher than it has ever been, and prices continue to go up. Along with that is the increase in the price insurance and gasoline. Add it all up, and you will find that the cost of buying and owning a car is quite expensive. Savvy consumers shop around to find the best deal and are often rewarded for their hard work. In the case of residents of California and other highly taxed states, the price of sales taxes adds considerably to the cost of buying a new vehicle. Again, savvy shoppers have found a solution to this problem - buy the vehicle out of state and drive it home.
That seems like a good idea. After all, a 2% decrease in the sales tax on a $25,000 car means a savings of some $500, which will buy a few tanks of gas, even at today’s prices. The savings are even more significant if the vehicle in question is a $250,000 motor home. There may be a downside to this system, however. A recent court ruling by the California Supreme Court has ruled that the California lemon law applies only to vehicles actually purchased within the state.
This may come as a strong blow to Californians, who enjoy the first, and one of the most powerful, lemon laws in the United States. Consumers who buy their vehicles out of state, bring them home, and then find out that they have nonconformities that prevent them from being repaired will find out that they have no protection under California law. Worse, they may have no protection under any law. Most state lemon laws require that the vehicles be purchased in that state। In addition, most lemon laws require that anyone filing a claim under the law must also be a resident of that state. This may leave buyers who purchase a vehicle and drive it to another state out of luck.
Attorneys for the state of California called the ruling fair, pointing out that enforcing the statute costs money, and that it doesn’t seem reasonable for the law to represent buyers who don’t pay the sales taxes that support it.
Vehicle warranties will still apply, of course, and if the problems with the vehicle can be repaired under warranty then they will be covered. In addition, owners of these vehicles may pay for any additional repairs not covered under warranty. They are not, however, entitled to replacement or refund should the repairs be unable to permanently resolve the problem.
The savings encountered when purchasing a vehicle in a neighboring, lower-taxed state may be significant. Anyone planning such a purchase should be aware, however, that the savings may turn out not to be all that significant if the vehicle turns out to be defective. A $5000 savings on a defective, useless quarter of a million dollar motor home is no bargain. Buyers should exercise caution.
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