Lemon Law Process
The Lemon Law process can be somewhat complex and is always advisable to have an aggressive, experienced attorney working on your side to get the most favorable outcome. If you are not sure you are driving a "lemon" by legal standards, call the Davis Consumer Law Firm for a free case evaluation or submit the form below.
Although the process may seen straightforward, it is exactly the opposite. Due to the costs the automakers have to absorb, many of them are resistant to designating their products as "lemons" and will work very closely with the dealers to avoid this.
Generally, a lot of the manufacturers prefer to settle a lemon law buyback (if the consumer gets lucky), often fooling consumers with empty talk and paying them less than what they are actually entitled to, especially if they are not fully informed of the legal process. Furthermore, if a consumer is represented by a knowledgeable, experienced Lemon Law attorney, the manufacturer is interested in resolving the case quickly in order not to increase the amount of attorney's fees they may be obligated to pay at the end.
What you should do if you have a lemon
Hire a lawyer
Collection of important documentation
Communication with the manufacturer
Discuss options
If throughout the process a settlement offer is made, we immediately contact you to discuss the options and counsel you on whether its best to accept or reject. If a settlement is not reached, we will file a suit in the court of law. Cases going to trial can take anywhere from a few months to one year, depending on the case.
Preparing for trial
If your case goes through trial, we will begin the "discovery and disclosure" process. This involves sending the manufacturer proof of its Lemon Law violations and requesting certain information from them in return. Our firm will thoroughly research the facts and evidence of your case pre-trial. Throughout this latter process, we will persuade and provide the manufacturer (or dealer) with additional opportunities to settle. A majority of Lemon Law cases end up settling with a small minority going through to trial. If a resolution is not reached in the client's interest, then the case proceeds to trial.
The Davis Consumer Law Firm will be pleased to evaluate your case. If your case qualifies, and think we can be of worthwhile service to you, we will take the case and vigorously pursue it to the most successful outcome possible. This will be done at no cost to you, since attorneys' fees and costs are recoverable from your vehicle's manufacturer through the lemon law.
Please complete the form below for a free no-obligation case review. An attorney will be in contact with you shortly.
Before submitting a Lemon Law claim, several pieces of important documentation should be submitted to support your case:
- Purchase or lease agreement
- Installment sales contract
- Warranty booklet
- Owner's manual
- Other documentation related to the purchase of the vehicle
- All documents (receipts) pertaining to out-of-pocket expenses (tow charges, rental cars, etc.)
- Written log of dates/names of who you spoke with at the dealership and/or manufacturer with detailed records of all problems, repairs performed, and the amount of time your car was unavailable while the repairs were being made (organize paperwork in the order in which the events occurred)
- Repair and service orders (must identify the problem(s) of the vehicle, the diagnosis, the work done, the in/out mileage on the vehicle, the date you took the vehicle in for service and the date the dealer notified you for picking up the vehicle