There are several false and misleading myths about lemon law attorneys representing consumers. Most of the active claims are nothing but advertising and purchases from the auto sector.
Lemon laws exist to protect automobile owners who have bought a damaged vehicle under warranty.
“Under state and federal lemon laws, auto owners have the right to refuse to deal with a car that is unrepairable and adversely affects the value of, the safety of, and the use of the motor vehicle.”
Different states have different Lemon Law legislation.
For that reason, you’ll need to speak to a lemon law lawyer who works in your State, who will be able to supply you with high-quality relevant info about your state’s Lemon Law, otherwise, you might start believing in some Lemon Law myths which have come from someone who either doesn’t take this law into account or doesn’t understand it.
Here are five myths and typical misconceptions we’ve seen…
Myth #1 – Lawyers Delay the legal process Unnecessarily.
In California, lemon law allows consumers the right to have the manufacturer pay all legal fees and litigation costs. Because of this, information from the legal teams of vehicle producers claims that lemon law lawyers will keep dragging their feet to earn extra legal fees.
Be aware of the fact that (respected) lemon law attorneys do not get paid until the case is over, and they have won.
The most important thing that a lemon attorney can provide is a speedy refund.
- The faster the client is out of the defective vehicle, the faster your attorney will be reimbursed for legal services rendered.
- In addition, if a law firm is deemed to be dragging its feet, they’re not going to make it very far.
- Put simply, this is career suicide and lemon law attorneys do not wish to be thought of in this way.
Myth #2 – Arbitrators are the Smarter Option
Companies that develop products that violate a state’s lemon laws will often try to win court cases outside the court system.
“They’ll say that arbitration is the superior choice for lemon-related disputes because such cases are resolved within days or weeks.”
When you go to court to resolve your dispute, the lawsuit can drag on for months. On top of that, the manufacturer covers the cost of the entire arbitration process.
- For one, when manufacturers retain arbitrators, they are usually paid 100% by that company.
- Two, the consumer will usually be offered a cash settlement, less than the full value of a returned product.
- Three, an arbitration offer’s potentially biased rulings cannot be appealed.
Arbitrators will by no means support you in your situation no matter how strongly you claim your auto is.
“Once you’ve deemed your vehicle to be a lemon, the manufacturer is your legal opponent.”
Myth #3 – Attorney’s Gains Commonly Override Clients’ Best Interests
Fee-shifting is when an attorney signs on as many customers as possible, pitting them against each other in an attempt to get that case to trial.
During such a trial, the case will be assigned to a trial law firm, which may or may not be the same firm that originally took on the case.
- Whenever this happens, two law firms are billed and the original complainant receives a cut.
- In addition, the company may raise prices to recoup higher costs from them and the accounting firm they contract with.
- This latter cost would then be passed on to the customer.
Good law firms may tend to hire skilled trial teams. The manufacturers of a product frequently hire multiple law firms for the case, one firm before the company files a lawsuit, another once the case is filed, and a third in case the matter goes to trial.
The odds of a lemon law case going to trial are very low.
“If a manufacturer encourages you to hire an attorney, it is most likely an attempt to intimidate you into dismissing a qualified specialist.”
Myth #4 – Lawyers Are Too Expensive
Many people focus on the high costs associated with lawyers, causing them to shy away from them.
“If you have a solid Lemon Law claim, a good Lemon Law attorney will not charge you a penny upfront.”
- The manufacturer is required to compensate your attorney’s fees if you lose your case, along with your insurance claim or replacement vehicle, if you are successful.
- Lemon law attorneys can assist you to attain the reimbursement you deserve, while another option will be counterproductive to you.
- If you’re not comfortable with lawyers who require you to pay a retainer or contingency fee, be sure to take your lemon law case to an attorney who will focus entirely on you.
An excellent attorney will be motivated to do the best for you, so they will never be waiting to get paid.
Myth #5 – You Can Use Any Lawyer for Lemon Law Claims
The best way to defeat your lemon law claim is by using a lawyer who has experience within this field specifically.
“A law firm that doesn’t specialize in lemon law may accept your claim just to present you with a new account.”
Automotive manufacturers will do everything required in their power to avoid your lemon law claim.
Thus, you do not just want any lawyer representing your case, but a skilled one.
- You’ll need a lawyer who is experienced in lemon law and well-versed in automobile companies’ tactics to avoid buybacks.
- Don’t fall for the myth that any lawyer can take on your case.
- Seek a specialized lawyer who has your best interests in mind when dealing with lemon law.
- Lemon law lawyers do exist and can help with resolving lemon issues.
- However, not all lemon law lawyers are created equal, so it is important to do your research before hiring one.
- Always remember to speak with a lawyer in person if possible, as telephone conversations may not accurately reflect the legal process.
A proper Lemon Law Lawyer is the best way to get the lemon law remedy that you deserve.
“Hiring a lemon law lawyer can help you determine whether you have a valid lemon law claim, how much money you may be entitled to, and how to file your claim.”
Be Better Informed.
By debunking these five of the most common myths about lemon law, you as a consumer – will be better informed when making a decision whether to pursue a lemon law claim or not.
If you have a lemon car in California, it’s helpful to know your rights with regard to car lemon law, and who to contact if you need help. When it comes to finding the right legal representation, you want to choose a law firm that has a proven track record of success.
The McMillan Law Group is a premier law firm that has successfully represented clients in a wide range of legal matters and has the experience and resources to help you achieve the best possible outcome.