How We Handle Lemon Law Cases

Written by SkyRidge Law Editorial Team Last updated 4 min read

Key takeaways

  • It starts with your documents: the contract, every repair order, and the warranty.
  • If we think there is a claim, we explain the options and the fee agreement before you sign anything. If we don't, we tell you.
  • Many states require written notice to the manufacturer and a final repair attempt before a buyback. We handle that step.
  • Most claims are resolved by negotiation. Some go to a dispute program or to court.
On this page
  1. Step 1: You tell us what happened
  2. Step 2: We read your documents
  3. Step 3: We tell you where you stand
  4. Step 4: Notice and a final repair attempt
  5. Step 5: Negotiation
  6. Step 6: Dispute program or court, if needed
  7. Fees
  8. Frequently asked questions

Here is what happens when you contact us about a vehicle that keeps going back to the shop: the steps, what we will ask you for, and what to expect.

Step 1: You tell us what happened

Call (888) 884-8551 or use the form. We ask for the year, make and model, the state where you bought or leased it, roughly when the problems started and how many times it has been to the dealer. That takes a few minutes. Reaching out doesn't make you our client and doesn't commit you to anything.

Step 2: We read your documents

The documents decide most lemon law claims. We ask for:

  • the purchase or lease contract,
  • every repair order,
  • the warranty booklet and any extended warranty or service contract,
  • any letters or emails with the dealer or the manufacturer.

Photos from your phone are fine. We read each repair order for the dates in and out, the mileage, your complaint as written, and what the technician did. Then we compare your history with your state's tests. See what counts as a repair attempt.

Step 3: We tell you where you stand

If it looks like a claim, we explain the options, which may include your state's lemon law, a claim under the federal Magnuson-Moss Warranty Act, or both. We also explain the fee agreement and tell you which lawyer would handle your case and where that lawyer is licensed.

If it doesn't look like a claim yet, we say so. Sometimes the repair history needs another visit. Sometimes the vehicle falls outside the law. If a deadline is coming, we tell you.

Step 4: Notice and a final repair attempt

Many states require written notice to the manufacturer and a last chance to fix the defect before a buyback or replacement. Telling the dealer is usually not enough. We send the notice the way your state requires and keep proof. Read more about notice to the manufacturer.

Step 5: Negotiation

The manufacturer reviews the file and responds. Common outcomes are:

  • Repurchase. The manufacturer takes the vehicle back and refunds what you paid, usually minus a deduction for the miles you drove before the first repair.
  • Replacement. A comparable new vehicle, where the law and the manufacturer allow it.
  • Settlement. A negotiated payment, sometimes while you keep the vehicle.

We tell you what each offer means for you. You decide whether to accept. See buyback and replacement.

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

Step 6: Dispute program or court, if needed

If the manufacturer won't resolve the claim, the next step depends on your state and your warranty. Some states run their own arbitration programs. Some warranties require a manufacturer's informal dispute program before a lawsuit. Other claims go straight to court. See arbitration and dispute programs.

Fees

Fees and any costs are explained in a written fee agreement before you hire us. Many lemon laws, and the federal Magnuson-Moss Warranty Act, let a consumer who wins recover reasonable attorney's fees from the manufacturer; we explain exactly how fees work in your case before you sign anything. Read attorney fees and costs.

Frequently asked questions

How long does a lemon law case take?

It varies. Some claims resolve within a few months of the manufacturer receiving notice, and others take longer, especially if a dispute program or a lawsuit is needed. Your state's rules, the manufacturer and how complete your repair records are all affect the timing. We give you a realistic picture once we have seen your file.

Will my case go to court?

Not necessarily. Many claims are resolved by negotiation with the manufacturer. Some go through a state or manufacturer dispute program first, and some need a lawsuit. If yours does, we explain why and what to expect before anything is filed.

What if you decide not to take my case?

We tell you, and we tell you why when we can. Sometimes the vehicle falls outside the state law, a deadline has passed, or the repair history isn't there yet. If a deadline is close, we say so, so you can decide what to do next.

How do fees work?

Many lemon laws, and the federal Magnuson-Moss Warranty Act, let a consumer who wins recover reasonable attorney's fees from the manufacturer. We explain exactly how fees work in your case, in writing, before you sign anything.

Sources

  1. 15 U.S.C. § 2310, Magnuson-Moss remedies, informal dispute settlement and attorney's fees
  2. 16 C.F.R. Part 703, Informal Dispute Settlement Procedures

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

Call: (888) 884-8551

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