Related solution post:
- I need some lawyer advice about lemon laws in the state of Illinois. Can a lawyer negotiate a payoff?
- Do I have hire an attorney to move forward with the Florida Lemon Law procedure?
- “Lemon Law” Can anyone tell me what to expect, now that I have gotten a lawyer.?
- when you use a lemon law lawyer do you have to pay anything? and what can you get out of it?
- Does anyone know who pays the lawyer in a lemon law case?
Such consumer protection laws are often geared toward the average citizen and you just need to make sure you follow every single requirement (time of notice, opportunity to repair, keeping records, demand letter, etc). There are many books out and your local Attorney General may have a booklet specific to your state’s laws. An attorney may help you understand your case if something doesn’t fit right.
You generally may NOT take anyone to "small claims" or any other court for motor vehicle refunds if you do not follow the Lemon Law, as the legislature has determined your rights and the court must uphold the law (which is why you follow the law). You will almost CERTAINLY lose your case unless you follow the particular rules in your state’s law.
On the other hand, if you were defrauded (the dealer lied or whatever), then you need a lawyer to sue them for fraud and for unfair and deceptive business practices, and to file criminal fraud charges (both state and federal). The Lemon Law (and any other contract waiver, etc) will have no effect upon a fraud case.
I agree with hexe here…you need to research the lemon laws for your state because there are very specific criteria that you must meet.
Consultation with a lawyer can be a good thing, and most will offer you a free initial consultation and will advise you of the law. Whether or not you represent yourself in court is a matter for you to decide. If you KNOW (100% certain) that you are fully aware of the law on the matter and you have all of the evidence locked in, you may represent yourself…but remember the old addage about the man who is his own lawyer.
If the seller lied to you, you may want to speak with the District Attorney’s office in your area as they are the only people who can sue the seller for fraud.
Depending on the price of the car, it might make more sense to take the seller to small claims court, sometimes an attorney might cost you more than the car itself.
If the car DOES fall within the lemon law then it might be prudent. So, what makes you think YOUR car is covered by the lemon law of (whatever) state you reside?
AMBER: Price has nothing to do with lemon laws. The fact is, we have no idea whether or not the poster’s car is even covered under her/his state lemon law until they return and give more information.
JUST TO CLEAR UP A MISCONCEPTION:
Even if the dealer told you the car was driven by a little old lady to church on Sundays you also have a legal obligation to mitigate. In other words, if you go to court claiming fraud and cannot show the judge a carfax report run BEFORE purchase of the auto or some other intrinsic proof of the fraud, the dealer’s words are not enough to prove your case.
You will be wasting your money on filing fees because each consumer has a duty to mitigate by investigation. In this case, you had the right to take the vehicle to YOUR mechanic, to run a carfax report and to perform other due diligience before purchase, regardless of what the dealer told you.
The fact that you did not weakens your grounds to recover.