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| Lemon Law Source: Axion, cc-by-3.0, flickr |
If you have recently purchased a car or other vehicle that started breaking down or showing all sorts of problems just days or weeks after the purchase was made, you may be eligible to file a lemon law claim. There are federal and state laws that allow you to file a claim against the manufacturer of the “lemon” vehicle you purchased. If you win your claim, you should get a replacement for the defective vehicle or be refunded the original purchase price. Below we've listed some useful tips that can help guide you through the process of filing a lemon law claim.
Hire an Attorney
It is advisable to hire an attorney to help you file your claim. You should be able to find an attorney who specializes in lemon law claims in your state. Experience with lemon law claims is very important, so talk to a few attorneys and ask them about the claims they've handled and the outcomes they achieved.
Go Back to the Dealership
Before filing a claim, take your car back to the dealership to see if they can repair it. There may be just minor problems with the vehicle that are easy to fix. In most states lemon laws state that the buyer has to give the dealer the opportunity to repair the vehicle before the vehicle can be deemed a lemon.
Notify the Dealer in Writing
Most state laws say that you have to notify a dealer in writing that you intend to declare the vehicle you bought a lemon and are filing a claim. This notice should contain your contact information, information about the car (such as the VIN, make, model and year) and a description of what is wrong with the vehicle.
Go to the Arbitration Board
In many states you need to go to the arbitration board before you can actually file a claim in court. The arbitration board will help you seek a solution for your problem so you don't have to go to court. If no resolution can be found, you may file a lemon law claim in court. In some states you can file a claim in court without needing to go before an arbitration board first, though it is advisable that you do try to resolve your case through an arbitration board.
If no arbitration boards exist in your state, you can use a third party arbitrator, such as Better Business Bureau's Autoline.
Get the Proper Paperwork
If arbitration is unsuccessful you need to get the right paperwork to file your lemon law claim. An attorney can help you retrieve the paperwork you need and fill it out correctly. Otherwise just go to your local clerk to get the paperwork.
Once your claim is filed, there will be a number of hearings you need to attend and you will have to state your lemon case before a judge. Eventually there will be a hopefully favorable verdict and you'll get a new vehicle or be compensated for the purchase price. In most states you'll also be able to recover the money you spent on an attorney if you win your case.
Zane Schwarzlose is a writer at the Law Offices of WT Johnson, a personal injury law firm in Dallas, Texas. Zane is glad he's never had to file a lemon law claim.
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