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Auto Lemon Laws - Do You Need A Lawyer? By Charles Essmeier, Tue Dec 6th Buying a new automobile is usually a bid decision for mostpeople, and it involves a lot of time, research and most of all,money. If you are going to be paying for something for fiveyears or more, you will generally take your time, do yourresearch, and make sure that you are spending your money wiselyon a vehicle that will last for years. Unfortunately, some newcars, like all manufactured products, do not perform as theyshould and are defective in some way. For reasons lost toantiquity, defective cars are known as “lemons.” California became the first state to enact legislation thatprovided 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 replacementvehicle or a refund should they find themselves the owner of adefective automobile.While lemon laws vary fromstate to state, you can generally file a lemon law claimyourself. The process usually involves writing letters to themanufacturer that state your problem and filing a claim withyour state’s Attorney General’s office. You must also submityour vehicle for repair of the problem; each state requires thatthe manufacturer have a “reasonable” opportunity
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to repair yourvehicle. The next step is probably arbitration, in which you andthe manufacturer present your respective arguments to anarbitration panel that will rule in favor of either you ore themanufacturer. In many states, arbitration is mandatory; inothers, you may opt out. (Article continued below)
While you may representyourself during the arbitration process, you may feel morecomfortable hiring an attorney. There are many attorneys whospecialize in lemon law cases, and they may be able to expeditethe process. The presence of an attorney may also make you feelmore comfortable if you have little or no experience with thissort of procedure. If the of the arbitration panel does not rulein your favor, or if your state allows you to opt out ofarbitration by choice, you may elect to sue the manufactureryourself. This is often a last resort, as arbitration is often asimpler and faster alternative to lawsuits involving auto LemonLaw claims. Should you decide to sue, an attorney will almostcertainly be necessary. Many states will allow you to collectattorney fees in a lemon law-related lawsuit. Should youfind yourself the owner of a defective automobile, you cancertainly file a lemon law claim yourself, but many people willfind that the process goes more smoothly with the aid of anattorney who is experienced in lemon law cases. If you thinkyour car is a lemon and you might need to file a claim underyour state’s Lemon Law, you should first check with your state’sWebsite, or contact your state’s Attorney General’s office. About the author:©Copyright 2005 by Retro Marketing. Charles Essmeier is theowner of Retro Marketing. Retro Marketing, established in 1978,is a firm devoted to informational Websites, includinghttp://www.LemonLawHelp.net, a site devoted to automobile lemonlaws and http://www.End-Your-Debt.com, a Website devoted toinformation about debt consolidation and credit counseling. | Sign In |
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