I. Do you have a Lemon Car?

Most lemon car statutes from each state are for new cars although some relief is afforded by way of the Magnuson Moss Federal consumer protection act.

A lemon car in most states has to be one which has been in the repair facility for thirty days or more in one year or has been repaired four times or more for the same material defect. The one year limitation may be extended for the time that the automobile is in the dealership for repair by the amount of time it is at the dealership. The argument by the legal system is whether the repeated repair is of a material nature affecting the value, use, or safety of the vehicle.

Most state statutes award attorney fees to the prevailing party in these consumer protection statutes and if you lose generally you do not pay the attorney fees for the defendant.

Caution needs to be taken in that all remedies are exhausted for relief using arbitration or mediation and the appropriate notices are sent to the manufacturer as to any claimed defect, such procedure is laid out in the warranty manual. In addition, inadequate notice may cause a consumer to be prevented from obtaining punitive damages if they prevail.

II. If your state does not have a Lemon Law statute are you without a remedy for a lemon car?

The federal government offers as a remedy for a lemon car the Magnuson Moss consumer protection act. All states mostly follow the federal law since such law is superior to statutes unless there is a conflict in their provisions.

The federal act is appropriate as long as there is a warranty. Most state lemon law statutes are good for new cars within the first year of purchase. The Magnuson Moss act is for the duration of the written warranty. The federal act may be of assistance where there is a defective item concerning the safety of the motor vehicle even for the purchase of a used vehicle.

III. What manufacturers are consumer oriented as to complaints of a warranted automobile?

This law office has litigated hundreds of automobile lemon law type cases and has found that German manufacturers are the worst to remedy a problem while Ford is one of the better along with Saturn. Toyota is one of the better consumer oriented of the Japanese manufacturers with Honda close behind.

IV. Can we help you?

This office is available for LemonCar litigation services within the Northern California area and offer our services as consultants for any area within the United States of America. Please call our office at (650) 328-1664 for rates or send an e-mail message.

DEAN LLOYD
A Professional Law
Corporation (APC)

445 Sherman Avenue
Suite I, Palo Alto, California 94306

(650) 328-1664 (o)
(650) 328-1666 (f)

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Automotive Lemon Law Specialist and General Practitioner