CAN I FILE A LEMON LAW CLAIM ON A USED OR LEASED VEHICLE?
Can I file a lemon law claim on a used or leased vehicle?
If you’ve been struggling with a vehicle that seems to be more trouble than it’s worth, you might be wondering whether you can file a Lemon Law claim for a leased or used vehicle.
The answer is yes!
If the warranty repairs on your vehicle are deemed “unreasonable,” you may indeed have a Lemon Law or breach of warranty case on your hands. Here’s a closer look at how state and federal Lemon Laws protect consumers in these situations.
Criteria for Lemon Law Claims on Leased Vehicles
Many consumers opt to lease a vehicle instead of buying one outright. Even though you often hear the terms “repurchase” or “buyback” in relation to Lemon Laws, these refund remedies also apply to leased vehicles. If you find yourself stuck with a lemon that you leased, you have the right to demand a refund from the manufacturer.
To qualify for a Lemon Law claim on a leased vehicle, it generally must meet the same criteria as a purchased vehicle, including having a significant defect, a certain number of repair attempts, or time out of service. Even if the problems with your leased vehicle don’t meet the threshold for a full buyback, you may still be eligible for some compensation for the issues you’ve faced. Typically, this means terminating the lease early and receiving a refund of your payments along with legal fees.
Criteria for Lemon Law Claims on Used Vehicles
Keep in mind that the criteria for Lemon Law protection can vary from state to state. Although most State Lemon Laws primarily focus on protecting buyers and lessors of new vehicles, there are still avenues for those who have purchased used vehicles. Since Lemon Law claims are based on a breach of the manufacturer’s warranty, any vehicle that remains under this warranty could potentially qualify for protection.
Federal Lemon Law Protection
If the State Lemon Law period has ended or doesn’t apply to your situation, the Federal Lemon Law, known as the Magnuson-Moss Warranty Act, offers broader protections. Unlike state laws, the Federal Lemon Law doesn’t have strict mileage or time requirements, and doesn’t mandate that the vehicle be new at the time of purchase or lease.
While the Federal Lemon Law doesn’t typically offer a refund or repurchase remedy, it calculates damages based on “diminished value.” In many cases, the consumer keeps the vehicle and receives a lump sum payment based on factors like the vehicle’s use, the severity of the problems, and the repair history. Occasionally, manufacturers may agree to repurchase a used vehicle, although this is rare. The Federal Lemon Law also includes a “fee-shifting” provision, meaning the manufacturer must also cover the consumer’s legal fees.
Protections for Vehicles Without a Manufacturer’s Warranty
If you’ve purchased or leased a vehicle and the manufacturer’s warranty has expired, you might still have viable options for seeking compensation. In such cases, it’s important to explore potential claims against the original seller or third-party warranty provider who may be responsible for the vehicle’s issues.
To navigate these complexities, consider reaching out to your local bar association, which can connect you with a lawyer specializing in consumer law. These legal professionals can provide expert guidance on pursuing claims against dealerships or other entities, helping you understand your rights and options even after the manufacturer’s warranty has ended.
Get Rid of Your Lemon Today!
Navigating a Lemon Law claim can be complex, especially when dealing with leased or used vehicles. At Bo Jeffries, our seasoned professionals specialize in Lemon Law cases and can offer the guidance you need. Whether your vehicle is leased, used, or still under warranty, our team can help you evaluate your situation, determine the best course of action, and work towards securing the compensation you deserve. Don’t let a problematic vehicle cause you ongoing stress—reach out to us today to get the support you need!