Few things can be as frustrating as buying a new vehicle only to discover that it’s plagued with mechanical problems. Fortunately, lemon laws exist in many places to protect consumers from such situations. These laws are designed to provide recourse for buyers of defective vehicles, ensuring they either receive a refund or a replacement.
However, navigating the lemon law process can be tricky, and many people make costly mistakes along the way. In this article, we’ll explore some common mistakes people make regarding lemon law claims, and how to avoid them.
Mistake: Not Knowing Your Rights
One of the biggest mistakes people make is not understanding their rights under the lemon law. Lemon laws vary from state to state, so it’s essential to research the specific laws in your area. Generally, these laws cover new vehicles that have significant, unrepairable defects within a certain period or mileage limit. Understanding the law in your state is the first step in knowing whether your vehicle qualifies as a lemon.
Mistake: Not Seeking Legal Counsel
While pursuing a lemon law claim without legal representation is possible, it’s often a mistake. Lemon law cases can be complex, and manufacturers and dealerships typically have teams of lawyers on their side. Hiring an attorney who specializes in filing and working on a lemon law claim can level the playing field and increase your chances of success.
Mistake: Not Considering Mediation or Arbitration
Note, too, that some lemon laws require you to go through mediation or arbitration before pursuing legal action. Failing to explore these options can be a costly mistake. Mediation and arbitration can be faster and less expensive than going to court and often result in a satisfactory resolution.
Mistake: Not Keeping Adequate Records
Documentation is crucial when it comes to lemon law claims. Keeping detailed records of all your interactions with the dealership or manufacturer, including repair orders, invoices, and correspondence, is essential. Without proper documentation, it can be challenging to prove your case. There are multiple things you should keep.
For example, whenever you take your vehicle in for repairs, ensure you get a copy of the repair order. This should include details of the problem, the date, and what repairs were attempted. Also, save emails, letters, and notes from phone conversations with the dealer or manufacturer. This will help establish a timeline of events. Keep copies of all invoices related to the vehicle’s purchase and any repairs or maintenance, too.
Mistake: Not Giving the Manufacturer a Chance to Repair
Most lemon laws require you to give the manufacturer or dealer a reasonable number of attempts to repair the problem. Some people make the mistake of filing a lemon law claim prematurely. Before doing so, ensure you’ve allowed the manufacturer or dealer the opportunity to fix the issue. This usually means taking the vehicle in for multiple repair attempts.
Mistake: Not Keeping Your Vehicle’s Warranty Intact
Modifying your vehicle or performing unauthorized repairs can void your warranty and hinder your lemon law claim. Manufacturers typically require that repairs are performed by authorized dealerships or service centers. If you’re experiencing issues with your vehicle, it’s essential to work with the manufacturer’s authorized repair facilities to ensure your warranty remains intact.
Mistake: Assuming You’re Out of Time
Many people assume that once the warranty expires, they’re out of options. However, in many cases, lemon law claims can be filed within a specific time frame after the warranty expires. Don’t make the mistake of assuming you have no recourse once your warranty is up. Consult with an attorney to explore your options.
Mistake: Not Understanding the Manufacturer’s Responsibilities
Manufacturers are typically responsible for providing consumers with a replacement vehicle or a refund, but some people make the mistake of accepting repairs when they should be entitled to more. If your vehicle qualifies as a lemon, you must understand your rights and what the manufacturer should provide.
Mistake: Ignoring the Problem
Some people hope that their vehicle’s problems will magically disappear or that they can live with them. Ignoring the problem is a mistake, as it can result in more significant issues down the road. If you suspect your vehicle is a lemon, take action sooner rather than later.
Mistake: Giving Up Too Soon
Lemon law claims can be time-consuming and frustrating, and many people give up too soon. Don’t make the mistake of walking away from a valid claim because you’re tired of the process. If you believe you have a lemon, keep pursuing your rights under the law.
Lemon laws exist to protect consumers from the frustration and financial burden of owning a defective vehicle. However, it’s crucial to navigate the lemon law process carefully and avoid common mistakes. Don’t let a lemon leave a sour taste in your mouth – take action and stand up for your rights when the time comes.
