Apart from being expensive, the frustrating protracted extra problem in the car is very irritating, especially in instances where the motor vehicle has involved huge investment. Fortunately, the lemon laws come in handy to help such consumers.
Unfortunately, when it comes to hiring a lemon law attorney, many people are avoiding this due to some bogus reasons. In fact, such myths always make people avoid using the legal framework provided for them, which, in turn, is unfair.
We shall discuss some myths that are prevalent as far as lemon law attorneys are concerned so that the real picture of how such attorneys are of importance in settling your claims.
Whether you are considering hiring a lawyer now or are simply seeking general information to use at a later date, this publication will help you make proper decisions.
Understanding Lemon Laws
Lemon laws come in to protect consumers in buying defective new or used vehicles. If your car has substantial defects that cannot be fixed after a reasonable number of attempts, a lemon law attorney in Los Angeles can guide you through the steps involved with lemon laws and may be entitled to compensation, including a replacement vehicle or full refund.
Basics of Lemon Law
Lemon laws are established to help protect the consumer in their purchase of defective products that fall short of performance and quality expectations, especially vehicles. Even though specifics of lemon laws differ from state to state in large part, most aim at providing specific remedies for buyers against repeated problems with their vehicles.
1. New Cars – Most of these laws require the manufacturer, upon determination that a new vehicle is a “lemon,” to replace the defective vehicle or refund the purchase price to the consumer so as not to leave the consumer with an inferior product.
2. Used Cars – Not all states extend lemon law protections to used cars. In states where used vehicles are covered-such as in the city of Los Angeles-there are often stricter requirements for qualifying under the law: for example, a vehicle may need to be sold with a dealer warranty or to have defects manifest within a specific timeframe or mileage.
What really sets the Los Angeles lemon law apart, though, is its stringent consumer protections, extending remedies for both new and used cars, under conditions set by the legislation. Always verify your state’s particular lemon law provisions.
Federal and State Lemon Laws
Federal and state-level lemon laws combine to provide a safety net for consumers’ rights throughout the United States. Here it goes –
1) The Magnuson – Moss Warranty Act, or federal lemon law, was enacted specifically because of the growing feeling that something had to be done about defective consumer products. It requires all manufacturers to issue a warranty for all of their products. This law does not override state law; it exists as an added layer of protection given nationally.
2) State Lemon Laws – Lemon law is not mandated uniformly in every state; each has laws cut out for their specific needs. For example, some of the most aggressive lemon laws in the nation exist in Los Angeles and will grant wide protection to consumers in that region.
3) Motor Vehicles – Lemon laws cover motor vehicles, including but not limited to cars, trucks, SUVs, and many others, and they guarantee repair or replacement in wildlife defective vehicles scenarios.
4) Consumer Products – In some cases of lemon law, federal law reaches past vehicles to include other consumer products that are under warranty and fail to live up to their promised performance.
5 Myths About Lemon Law Attorneys: Busted
Here is typical misconception we have seen:
Myth 1: Lawyers Delay the Legal Process Unnecessarily
Under lemon law in Los Angeles, in qualified cases, the manufacturers are supposed to be responsible for paying all legal fees and litigation costs of their consumers. However, the manufacturer of vehicles says that these lemon law attorneys extend this case so that they can recover more fees.
Knowing this, it is important to consider that reputable lemon law attorneys work on a contingency basis: this means they will be paid only upon the successful resolution of the case. This creates great incentive for an attorney to produce efficiency in his or her work in order to attain a quick resolution.
The main goal of any lemon law attorney is to procure for his client a fast refund or a replacement. The faster the client gets rid of his defective vehicle, the faster an attorney will receive payment for his legal services.
Myth 2: Arbitrators are the Smarter Option
The manufacturers whose products violate state lemon laws will often try to steer such disputes to arbitration instead of the courts. They mantain that arbitration is faster, taking days or even weeks for resolution, where court cases may take months. Although the manufacturer pays for the arbitration cost, it is an inherently one-sided process against the consumer.
Arbitrators are often paid by the company, a huge conflict of interest in and of itself. Any settlements offered are invariably less than the full value of the defective product. It gets worse: arbitration rulings cannot be appealed. By the time your vehicle is declared a lemon, the manufacturer has become your adversary, and arbitration often works in their favor, not yours.
Myth 3: Attorney’s Gains Often Outweigh Client’s Best Interests
Fee-shifting involves an attorney signing up as many clients as possible, putting heavy pressure on cases going to trial. In those instances, the case is passed onto a trial law firm perhaps other than those. Turns into multiple law firms billing for the case with the original complainant receiving a portion.
Apart from this, businesses will raise their prices because of the added cost from the lemon law firms and their accounting contractors and pass that cost to the consumer. In a lemon law case, the chances of going to trial is very slim; this could be another reason why manufacturers would want to encourage retaining an attorney in hopes of intimidating clients into settlement.
Myth 4: Lawyers are too expensive.
The fear of added costs keeps many from continuing and instead, they settle for less. If there is a valid Lemon Law claim, you won’t need to pay an upfront fee. With the right Lemon Law attorney, payment comes only after you win, as the manufacturer reimburses that attorney’s fees.
Plus, you might get money back from your insurance claim or another car. Working with an attorney who has a retainer or contingency fee in place is less desirable. You want to choose an attorney that is dedicated to your case and intent on capturing compensation on your behalf, who will not wait for their payment.
Myth 5: You can use any lawyers for lemon law claims.
Since the process of dealing with such a lemon law claim is very much technical, it is important to seek the services of a lawyer who specializes in that field. Many law firms may be ready to take up your case sans the expertise the case calls for and then disburse unfavorable results. As the automobile manufacturers try to avoid buybacks at any cost, success will tally on having a Los Angeles lemon law lawyer who has awareness about the tactics engaged in by the manufacturing companies.
An experienced lemon law attorney will be able to advise and protect your interests. Do your research and take the time to meet with an attorney in person so that you are comfortable with who will be handling your case.
Helping You Avoid Myth-Stakes in Your Lemon Claim
Believing in myths about lemon law attorneys will cost your claim. Working with an experienced attorney means knowing your rights are watched out and the process goes through with as little hassle as possible.
WHEN DEALING WITH A LEMON LAW ISSUE, KEEP IN MIND: expertise counts. Depend on professionals specialized in the area for explanations concerning the dynamism of your claim.
