5 Myths About Lemon Law: Unraveling Fact from Fiction

Regarding lemon laws, misinformation can be as common as the problems they aim to solve. Myths and misconceptions about what lemon laws cover, how they work, and who they protect can deter vehicle owners from pursuing the justice they deserve. This blog post aims to debunk the most common lemon law myths, providing clarity to empower consumers.

Myth 1: Lemon Laws Only Apply to New Cars

A widespread myth is that lemon laws only apply to new vehicles. While it’s true that lemon laws primarily focus on new vehicles, many states have provisions that extend certain protections to used vehicles as well. These protections might differ in terms of the criteria and the type of remedy offered, but they exist. It’s crucial for used car buyers to understand their state’s specific lemon law provisions to know their rights.

For example, in Texas, protections under the State lemon law may not apply, however, remedies may be available under the Federal Magnuson-Moss Warranty Act for a potential breach of the manufacturer’s original warranty. In New York, used cars sold by dealers must come with a warranty that can offer lemon law-like protections depending on the vehicle’s age and mileage. Understanding these nuances can make a significant difference in your ability to seek remedy for a defective vehicle.

Myth 2: A Single Defect Qualifies a Vehicle as a Lemon

Another common misconception is that any defect can make a vehicle a lemon. In reality, lemon laws typically require that the defect is substantial, affecting the vehicle’s use, safety, or value, and that it persists despite a reasonable number of repair attempts. What constitutes a ‘reasonable number’ varies by state, but it usually means multiple failed attempts to fix the same significant problem.

In most states where Jeffries Law practices (TX, NY, NC, OH, and PA), a “reasonable number” generally means the same problem has been addressed at least three times without resolution, or the vehicle has been out of service for a cumulative period (often a few weeks or more). Documenting these repair attempts is crucial for building a strong lemon law case.

Myth 3: Lemon Law Claims are Too Complicated and Costly

Many believe that pursuing a lemon law claim is complicated and expensive. While these cases can be complex, many states have streamlined procedures to make it easier for consumers to file claims. Furthermore, the lemon law requires the manufacturer to pay the claimant’s legal fees if the claimant wins, reducing the financial burden on the consumer.

At Jeffries Law, we frequently see clients surprised to learn that they won’t have to pay out-of-pocket legal fees for their lemon law claim. 

Myth 4: You Don’t Need an Attorney for Lemon Law Claims

Some individuals think they don’t need legal assistance to handle a lemon law claim. While self-representation is a right, the intricacies of lemon law can be challenging to navigate without specialized knowledge. An experienced lemon law attorney can provide invaluable guidance, ensuring your claim is presented correctly and increasing the likelihood of a favorable outcome.

Manufacturers often have teams of attorneys specifically trained to minimize their liability in lemon law cases. This is all they do all day, every day, to try to save their company money.  Without proper legal representation, consumers may find themselves at a significant disadvantage when negotiating settlements or presenting their case in arbitration or court. A knowledgeable attorney can level the playing field and help you avoid common pitfalls that could weaken your claim.

Myth 5: Lemon Laws Result Only in Vehicle Replacement

There’s a misconception that the only remedy under lemon law is vehicle replacement. In reality, lemon laws may offer several remedies, including vehicle replacement, a refund, or monetary compensation for the vehicle’s diminished value. The specific remedy will depend on the case’s details and the applicable state law.

In many states, consumers may be entitled to choose between a replacement vehicle of comparable value or a refund of the purchase price (minus a reasonable allowance for vehicle use)..

Taking Action With Confidence

Understanding the realities of lemon laws is crucial for consumers facing vehicle issues. By debunking these common myths, we aim to clarify and encourage vehicle owners to seek the remedies they are entitled to under the law. Remember, knowledge is power, especially when navigating legal challenges like lemon law claims.

If you believe you’ve purchased a lemon, don’t let these myths prevent you from pursuing your rights. At Jeffries Law, we focus on helping consumers across Texas, New York, North Carolina, Ohio, and Pennsylvania navigate the lemon law process with confidence. Contact Jeffries Law today for a free consultation and take the first step toward resolving your lemon law case. Your road to justice starts here.