DISPELLING MYTHS ABOUT LEMON LAW
Dec. 30, 2020
In 2019, more than 17 million new cars were sold or leased in the U.S. With that many new vehicles hitting the highway, you know some of them are going to be lemons. In fact, a conservative estimate is that 1% of all new cars sold or leased are defective. That’s at least 170,000 lemons every year.
You bought or leased a new car because you wanted the latest features, and you didn’t want to “buy someone else’s problems,” as the old saying goes. You certainly didn’t expect that you would be taking your new vehicle to the dealership spending time and being inconvenienced with a problem that is never fixed. In fact, you thought buying something new would save you the hassle and inconvenience of finding alternative transportation while your car’s constantly at the dealership.
At Ronald S. Weiss, Attorney, we help clients throughout the states of Michigan and Ohio, recover the damages they incur after buying or leasing new vehicles with defects. Ron Weiss is an aggressive Lemon Law attorney with over 27 years of experience. Contact us today for a free consultation.
What is Lemon Law?
Lemon Laws provide consumers with a way to obtain a resolution for vehicles that prove to have a mechanical defect or other non-conformity. Different states have unique lemon laws, but all are designed to obtain a resolution for those that require repeated attempts to repair a problem or through another manner that satisfies your state law.
Lemon Law Myths and Facts
Myth: Only safety-related issues are applicable.
Fact: Lemon laws apply to non-conformities that impair your vehicle’s use, value, or safety. That includes not only defects in such things as braking systems, steering, or transmissions, but can also apply to persistent intermittent defects such as leaks or problems with the paint job.
Myth: If the warranty has expired, you don’t qualify.
Fact: Not necessarily. If the repairs for the non-conformity occurred during the warranty period, you may still be able to invoke the lemon law.
Myth: The car still works so you don’t qualify.
Fact: Wrong. Qualification is based on the number of repair attempts during a period of time. Whether the car continues to run despite the non-conformity doesn't necessarily mean it doesn't qualify as a lemon.
Myth: Before you can take legal action, you must have taken the vehicle in for at least five or more repairs.
Fact: In Michigan, you can invoke the law if:
The dealership has made four or more unsuccessful attempts to fix a non-conformity in the first two years from the first repair attempt, or
In the event that your vehicle has been in the shop for 30 or more days for repair during the manufacturer’s warranty period or in the first year of purchase, whichever is earlier.
In Ohio, the lemon law applies if, during the earlier of the first year or 18,000 miles, your vehicle required:
Three or more repair attempts for a similar non-conformity;
30 or more repair days at the dealership for warranty repairs;
eight or more repairs in an effort to fix various problems; or
one attempt to repair a defect that was likely to cause death or serious injury.
Myth: The dealer can’t find a problem with my vehicle so there is no case.
Fact: Particularly during the warranty period on your new vehicle, the dealer has little incentive to figure out what’s wrong with your car. That doesn’t mean you can’t invoke the lemon law. You can take it to another dealership and keep all of your paperwork to document your attempts to repair it.
Myth: Leased cars aren’t covered by Lemon Law.
Fact: If you leased a new vehicle, lemon laws still apply.
Myth: You don’t need a lawyer.
Fact: Lemon Laws are confusing, and you can bet manufacturers have attorneys on their side to defend them against your claim. Attorney’s fees can be recovered in your settlement with the manufacturer, so retaining an attorney only benefits you.
How a Lemon Law Attorney Can Help
Ron at Ronald S. Weiss, Attorney, is passionate about fighting for justice so that you get a vehicle you can depend on. We use our knowledge and experience to hold those accountable for selling you a defective product so you can get back on the road again.
We serve clients throughout the states of Ohio and Michigan including the cities of West Bloomfield and Toledo. Call our office today to schedule a free consultation.