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When Life Hands You A Lemon Vehicle: Should You Hire A Lawyer?

Men and women don’t want to sift through used cars on the internet.

Many sites now offer used cars for sale, including social media networks.

Nevertheless, finding the right car takes time that quite a few drivers don’t have to invest in this task.

They worry that the vehicle will have hidden issues and they end up with a lemon or that the transaction won’t proceed safely.

Individuals in this situation often turn to a dealership to get a new or certified pre-owned car.

They know they can see and test drive a variety of vehicles in one location, ensure the reputability of the dealership, and get financing in one location.

However, they still take a chance with the mechanical soundness of the vehicle.

When Life Hands You A Lemon Vehicle: Should You Hire A Lawyer?

What measures protect the buyer in the event the vehicle comes with major issues and the need for costly repairs?

Vehicle Issues

Sadly, even new cars come with problems at times. Drivers receive no guarantee they will get a problem-free car.

What happens when a new or certified pre-owned vehicle breaks down multiple times in the days and weeks after purchase?

What recourse does a driver have when they spend more time on the side of the road than behind the wheel?

Fortunately, consumer protection laws help drivers in this situation.

A driver finds they don’t need to continue fighting with the car, as the law stands on their side.

Consumer protection laws regarding vehicle purchases help consumers when they spend sizeable sums of money on a vehicle, only to find this vehicle doesn’t operate as intended.

Often referred to as lemon laws, they stipulate that dealers must fix vehicles under warranty quickly.

If a vehicle owner must return to the dealership for multiple repairs or for a safety issue, they will declare the vehicle a lemon.

Each state determines its own lemon or consumer protection law for vehicle purchases, and drivers must become familiar with this law before buying a new or pre-owned car.

Lemon laws allow a driver to return a vehicle to a dealership when this vehicle meets certain conditions.

Again, each state determines these conditions, but drivers find this becomes of great help if they run into a problem.

Under this law, the driver returns the vehicle to the dealer and receives a refund or replacement vehicle.

Although many people have heard the term “lemon law,” they aren’t familiar with the legal process associated with returning a vehicle to a dealership.

It’s not as easy as walking in and saying they want their money back, and sometimes drivers find they need a lawyer to resolve the matter.

When should a driver hire an attorney, and what should they look for when choosing this individual?

Why Hire a Lemon Law Attorney?

Lemon laws work to protect the consumer from deceptive sales practices or other unseemly tactics.

Used car dealers, particularly, have a reputation for selling vehicles with major issues and refusing to work with the buyer once the vehicle leaves the lot.

Fortunately, the federal government enacted legislation to protect drivers from unfair tactics, and states followed suit, putting their own protections into place.

Vehicle manufacturers and dealers use attorneys and other professionals to represent them in legal cases, and consumers need the same.

New Jersey offers a program through the New Jersey Division of Consumer Affairs.

This program works to provide rapid relief for individuals who own a defective motor vehicle, whether they purchased this vehicle or lease it from the dealer.

Drivers pay a filing fee to take part in the program and may choose to have legal representation present during the proceedings.

If a driver chooses this option and wins, the manufacturer pays the attorney fees on the driver’s behalf.

Plaintiffs need to understand lemon law unit staff members don’t provide legal representation.

The staff members review the application to ensure it is complete and meets all qualifications for a hearing.

Once the application is ready for submission, the driver pays the fee and schedules a hearing.

During this hearing, an administrative judge issues an initial decision.

The case then moves to the Director of Consumer Affairs for a final decision. Either side retains the right to appeal the final decision.

Drivers must recognize the decision handed down by the Director of Consumer Affairs will probably be used in the appeal.

If the driver loses and appeals, those handling the appeal receive this information and take it into consideration when making their determination.

This often makes it harder for the driver to win the appeal.

Vehicle manufacturers respect the experience attorneys bring to these interactions.

As a result, they are more willing to come to an agreement when a driver retains an attorney.

They recognize coming to an agreement early in the process saves them the legal fees the Director of Consumer Affairs will require them to pay if the driver wins.

The used car lemon law differs slightly from the law applying to new vehicles.

As with the new car lemon law, drivers receive protection from licensed dealers who sell defective vehicles.

This law goes farther than the new car law, as it requires dealers to provide a limited warranty with each used car they sell that is seven model years old or less.

The scope of the warranty depends on the mileage of the vehicle.

Under the law, the warranty comes at no additional charge and the dealer becomes responsible for any repairs during this warranty period.

Vehicles with 24,000 miles or fewer come with a 90-day or 3,000-mile warranty, whichever comes first.

Vehicles with anywhere from 24,000 to 60,000 miles receive a 60-day or 2,000-mile warranty, whichever comes first, and those with 60,000 to 100,000 miles come with a 30-day or 1,000-mile warranty, again whichever comes first.

Drivers receive the option of waiving their right to this warranty at the time of sale as part of the price negotiations.

Only vehicles with more than 60,000 miles on them are eligible for the waiving of the warranty, and this agreement must be in writing.

The used car lemon law in the state of New Jersey excludes many vehicles. This includes motorcycles, leased vehicles, private sales, and vehicles covered by a manufacturer’s warranty.

A driver who buys out their leased vehicle doesn’t receive this protection, and the law doesn’t apply to commercial vehicles.

Finally, any vehicle deemed a total loss, salvage, or flood-damaged vehicle isn’t eligible for protection under the state’s used car lemon law.

Drivers often find they prefer having an attorney on their side during the application process and hearing for the reasons mentioned above.

This remains a personal decision.

However, drivers must remember the vehicle manufacturer becomes responsible for attorney fees if the driver wins.

This removes any hiring barrier for individuals, so it’s something to consider before proceeding.

Choosing a Lemon Law Attorney

Drivers who find they wish to hire an attorney for representation while seeking relief after obtaining a lemon need to consider the following things when choosing this individual.

Most attorneys handling lemon law cases take these cases on a contingency basis.

This means they receive payment only when they win the case. If the court dismisses the case or the driver loses, the attorney doesn’t get paid.

However, some attorneys try to charge their clients a percentage of the recovery.

The manufacturer must pay the fee to allow the driver to get back on the road without being penalized for defects the manufacturer remains liable for. Some attorneys try to get more money.

Don’t allow them to do so, as this violates the sanctity of the law. No driver should accept this.

Find an attorney who regularly handles lemon law cases.

With regular exposure to these cases, the attorney learns the nuances and may pick up on something other attorneys would miss.

They learn the other individuals involved in the case, which judges are favorable to clients, and which favor vehicle dealers and manufacturers.

Furthermore, never hire an attorney who makes promises regarding the outcome of the case.

No attorney can predict what a jury or judge will do, and the client must recognize this.

Communicate with attorneys before choosing one to hire. Reputable attorneys respond promptly to a client’s questions and concerns.

If you must wait to receive a response, look elsewhere for representation.

Finally, ask the attorney which staff members will assist with the case and ask to meet them.

Learn which staff member will serve as the point of contact for the case, as some attorneys handle this task while others delegate it to a staff member.

The client needs this information before making a choice. Consumers must be informed when it comes to consumer protection laws.

Those who appear at a dealership armed with the facts tend to get the matter resolved more rapidly, although this isn’t always the case.

When the facts aren’t enough to move the dealer, contact the New Jersey Lemon Law unit for help or hire an attorney.

Many find hiring an attorney provides them with the peace of mind they need as the process moves forward.

Only you can decide if this would be true for you as well.

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