Auto Lemon Laws - Do you need a lawyer?
Buying a new automobile is usually a bid decision for most people, and it involves a lot of time, research and most of all, money. If you are going to be paying for something for five years or more, you will generally take your time, do your research, and make sure that you are spending your money wisely on a vehicle that will last for years. Unfortunately, some new cars, like all manufactured products, do not perform as they should and are defective in some way. For reasons lost to antiquity, defective cars are known as 'lemons.'
California became the first state to enact legislation that
provided recourse to purchasers of defective vehicles in 1982;
since then, every state has enacted similar legislation.
Consumers all over the country may now seek either a replacement
vehicle or a refund should they find themselves the owner of a
defective automobile. While lemon laws vary from
state to state, you can generally file a lemon law claim
yourself. The process usually involves writing letters to the
manufacturer that state your problem and filing a claim with
your state's Attorney General's office. You must also submit
your vehicle for repair of the problem; each state requires that
the manufacturer have a 'reasonable' opportunity to repair your
vehicle. The next step is probably arbitration, in which you and
the manufacturer present your respective arguments to an
arbitration panel that will rule in favor of either you ore the
manufacturer. In many states, arbitration is mandatory; in
others, you may opt out. While you may represent
yourself during the arbitration process, you may feel more
comfortable hiring an attorney. There are many attorneys who
specialize in lemon law cases, and they may be able to expedite
the process. The presence of an attorney may also make you feel
more comfortable if you have little or no experience with this
sort of procedure. If the of the arbitration panel does not rule
in your favor, or if your state allows you to opt out of
arbitration by choice, you may elect to sue the manufacturer
yourself. This is often a last resort, as arbitration is often a
simpler and faster alternative to lawsuits involving auto Lemon
Law claims. Should you decide to sue, an attorney will almost
certainly be necessary. Many states will allow you to collect
attorney fees in a lemon law-related lawsuit. Should you
find yourself the owner of a defective automobile, you can
certainly file a lemon law claim yourself, but many people will
find that the process goes more smoothly with the aid of an
attorney who is experienced in lemon law cases. If you think
your car is a lemon and you might need to file a claim under
your state's Lemon Law, you should first check with your state's
Website, or contact your state's Attorney General's office. About the author:
©Copyright 2005 by Retro Marketing. Charles Essmeier is the
owner of Retro Marketing. Retro Marketing, established in 1978,
is a firm devoted to informational Websites, including
http://www.LemonLawHelp.net, a site devoted to automobile lemon
laws and http://www.End-Your-Debt.com, a Website devoted to
information about debt consolidation and credit counseling.