Lemon Law was passed to provide vehicle owners with a means of enforcing the warranties on new vehicles. If you live in New York, Georgia or Florida, Lemon Law protection can get you out of a bad investment in a faulty car, truck, SUV or van.

Yet many people who are eligible for Lemon Law claims fail to file them, either because they do not understand the law, or because they fear the process. Still others try to handle a case on their own, only to find themselves facing an experienced Lemon Law attorney and losing their cases.

Here are a few Lemon Law myths you may believe, and the facts that you should know.

I Am Not Eligible for Lemon Law Because the Dealership Fixed My Vehicle

Most people know the basics of the Lemon Law. To qualify for a claim, the vehicle must be under warranty, the vehicle must spend 30 or more days in the shop for service or the defect still exists despite 3 or more attempts to repair it. In many cases, vehicle owners eligible for claims walk away if the dealership fixes the problem.

Fact: You Just Lost Your Resale Value

Every repair becomes part of a vehicle’s service history, which is tracked by Carfax and other services. Even if the problem is fixed, that lengthy service history could cost you thousands of dollars in trade or sale value when you decide to get another vehicle. You should file a lemon law claim as soon as a vehicle spends more than 30 days in the shop.

The Dealership Will Sue Me or Ban Me If I File a Lemon Law Claim

A lot of people do not like lawsuits or confrontation. They are afraid of consequences, appearing in court or putting in the effort and losing a case. Some fear that they will be blacklisted or banned from car dealers if they file a claim, or that the dealership will come after them with expensive attorneys.

Fact: You Can Not Be Sued or Banned for Exercising Your Legal Rights

A Lemon Law case is not a traditional lawsuit. Instead, it is a warranty enforcement claim filed through your state’s Attorney General office and decided by a panel of arbitrators. Set aside any notions you have of courtroom drama and intimidating attorneys cross-examining you under oath. Lemon Law claims are far more routine than that.

Under the Lemon Law, you file a claim against the vehicle manufacturer, not the dealership that sold the vehicle. Auto dealers understand the process, and nearly every dealership wants repeat customers. The dealership will offer you the opportunity to participate in a manufacturer’s resolution program, which could mean getting a replacement vehicle at little to no additional cost. If you choose to go forward with a Lemon Law case, they will not be angry with you or blacklist you, in the same way that a retail store will not blacklist or ban you for returning a defective item.

Should your initial Lemon Law claim be denied, you may be able to file an appeal that will be heard by a judge. This is a more traditional courtroom scenario, but you will be treated fairly and with respect by all parties. No one is coming after you for filing a Lemon Law claim.

I Cannot Afford a Lemon Law Attorney

Attorneys are expensive. Just talking to attorneys is expensive. I will spend or lose a lot of money if I hire a Lemon Law attorney.

Fact: There Are No Out-of-Pocket Costs for a Lemon Law Attorney

Lemon Law attorneys in Georgia, New York and Florida work on contingency, which means they do not get paid unless you win your case. Payment is a flat fee deducted from the cash settlement in a Lemon Law Buyback, which means there are no out-of-pocket costs at all when you file a claim. In states like New York that charge a Lemon Law filing fee, the attorney will pay that fee for you.

You will save time and money if you talk to a Lemon Law Attorney. An experienced attorney can tell you almost immediately if you have a Lemon Law claim that is likely to succeed, and your attorney will handle all of the paperwork and your representation before the arbitration board. You simply need to answer some questions, provide some documents and potentially appear for a hearing, typically via a videoconference.

I Can Get a Better Deal Negotiating with the Dealership

If I threaten a Lemon Law case, the dealership will give me a replacement vehicle.

Fact: You May Be Right

Some manufacturers want to avoid the extra costs of defending Lemon Law cases, and nearly all dealerships want to avoid Lemon Law Buybacks, which must be noted on the titles of lemon vehicles. Your first and best course of action may be to ask the dealership to replace the vehicle with one of equal value. If the dealership offers the same vehicle you bought, new, or with similar mileage and no defects, you should take that offer.

If you do not feel you have been offered an adequate replacement, or if you simply have had enough with a defective model, call us at 1-855-223-8344 or contact us online. We will help you determine if you have a claim at no cost to you, and there are zero out-of-pocket costs for our services unless you win your case.