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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.
Even though legislation exists to protect you if you should find
yourself the owner of a lemon, most people are not familiar with their states
lemon law. Is it necessary to file a lawsuit? Do you need a lawyer? Can you go
through the process yourself?
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 states Attorney Generals 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 states Lemon Law, you
should first check with your states Website, or contact your states Attorney
Generals office.
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