FAQ

Do I Need A Lemon Law Attorney?

You are able to file a claim on your own. However, that would leave a lot of work for you to do, and it would be a very unfamiliar process. Save the time and the headache, and leave the paperwork and negotiations to an attorney.

 Our success with your case will pay for itself. We ensure that all costs and fees will be paid for by the manufacturer or out of settlement proceeds, so we are only rewarded if you are rewarded.

Our lemon law attorneys know what works and what doesn’t. Dustin Fossey is the lead attorney and has extensive experience representing consumers in lemon law and warranty disputes.  He is successful because he knows how to play the game.  How?  Before representing consumers he spent many years representing the largest car and truck manufacturers in the world, defending them against lemon law claims like yours.  He know hows the car and truck manufacturers operate, and will use his knowledge to your benefit.The firm will be able to advise you on the best course of action to get you the compensation you deserve.

 With an attorney at your side, your claim against a manufacturer will be taken more seriously, and almost always result in a much more favorable settlement that you can reach on your own.  The process to reach your ideal settlement is often shorter and smoother with our professional services.

What Are Lemon Laws?

Consumer Protection Statutes for New Cars & Trucks

Lemon laws protect consumers that have purchased a vehicle that does not meet certain quality and performance standards. Each state has their own lemon law specifications. The most common “lemons” are defective cars, trucks, SUVs, boats, and motorcycles.

The Minnesota Lemon Law, Iowa Lemon Law, Colorado Lemon Law and Wisconsin Lemon Law protect consumers who have purchased a vehicle that does not meet certain quality and performance standards and does not conform to the warranty issued with the vehicle. Each state has their own lemon law specifications. The most common “lemon” laws apply to cars and trucks that do not perform as expected by the consumer, however, there are consumer protections laws, similar to “lemon” laws that apply to most consumer products, like boats, ATVs, appliances, and other consumer products that come with a warranty at the time of purchase.

 Minnesota’s Lemon Law can be found in the Minnesota Statutes at Chapter 325F.665.

 Wisconsin’s Lemon Law can be found in the Wisconsin Statutes at Wisconsin Statute Section 218.0171.

Iowa's lemon law can be found here: Iowa Lemon Law Chapter 322G

Colorado's lemon law can be found here: Colorado Lemon Law (42-10-101 - 42-10-107)

Do Lemon Laws Apply to Used Cars?

Lemon laws primarily cover new vehicles, though under certain circumstances, Minnesota’s lemon law may apply to newer used vehicles.  There are  also similar protections to state lemon laws in Minnesota, Iowa, Colorado and Wisconsin that afford consumers protection under federal law, like the Magnuson Moss Warranty Act, which applies to new and used cars and trucks still under warranty. A consumer may have a claim if the consumer’s used vehicle is still under the manufacturer’s warranty but is experiencing problems

Manufacturer’s Duty to Repair

Nearly all new vehicles come with a warranty from the manufacturer.  Under most warranties the manufacturer is required to attempt repairs of problems covered under the warranty.  It is important to give the manufacturer or authorized dealer the chance to repair the defective vehicle. They are required to repair problems that are:
 1) Covered in the manufacturer’s warranty
2) Reported by the buyer within the warranty period

If a consumer has had problems with a vehicle which are covered under the vehicle’s warranty, and the dealer servicing the vehicle has been unable to repair the problems, then the consumer may have a lemon law claim.

The Manufacturer’s Duty to Refund or Replace

If you have a successful lemon law claim in Minnesota, Iowa or Wisconsin, you are entitled to return your vehicle the manufacturer and get a full refund of what you paid for the vehicle, less a “reasonable usage” deduction not to exceed 10% of what was paid for the vehicle.

 You may also elect to receive a replacement vehicle in lieu of your money back.

Situations When Refunds or Replacements Are Not Given

Not all problems are covered by the state lemon laws. There are situations where you may not have a successful lemon law claim, such as when the problem is caused by an aftermarket modification to the vehicle.


Do I Qualify For A Lemon Law Case?

There are many factors that affect if you quality for a Lemon Laws but most factor can be broken into 4 main criteria. Contact us for a free evaluation today.

New vs. Used Vehicle

No matter if you purchased your motor vehicle new or used, you may have a claim. Although the state Lemon Law only applies to motor vehicles purchased or leased new, the federal Lemon Law can apply to used cars. If you have a used car, and the problems have occurred while the warranty is still current, get a free evaluation to see if you still have a claim.

Do I have a Lemon Law Claim?

Whether or not one has a valid lemon law claims depends on a number of factors, including:

1) The type of problem experienced
2) The severity of problem experienced
3) The number of times the vehicle has been presented for repair
4) The number of days the vehicle has been out of service

Before you can have a successful lemon law claim, you must permit the manufacturer/dealer to attempt to repair the vehicle at least one time.  However, the lemon laws limit the number of attempts the manufacturer or dealer has to repair the defective vehicle. If problem is not fixed after a “reasonable number of attempts,” the buyer or lessee is eligible to receive compensation for the vehicle. Consult with our firm to determine if you have provided the manufacturer enough repair attempts.

Qualifying Problems

There are a wide range of motor vehicle problems that may qualify as a lemon law claim. These can include anything from faulty electronic systems (radio, navigation, Bluetooth, etc.) to mechanical issues (engine issues, transmission issues, suspension, water intrusion, etc.), oil consumption, leaking fluids, sensor failures, and many more. If you’ve experienced a problem that diminishes the value or use of your vehicle to you, you may have a claim.

Manufacturer Repairs

It is important that an authorized dealer for your vehicle is given an opportunity to fix the problem. However, you do not need to bring it to the dealer from whom you purchased the vehicle. You may bring your vehicle for repair to any authorized dealer you can find.  If you have a Jeep, any Jeep dealer will suffice.  If you have a Ford, any Ford dealer will work.  But without providing the dealer some opportunity to repair the vehicle, you cannot prevail on a Lemon Law claim. However, lemon laws limit how many times they can attempt to fix the problem. If your vehicle is continually going into the dealership for repairs, you may have a claim.

Manufacturer’s Warranty

Nearly every new or used vehicle comes with a manufacturer’s warranty. The first report of a defect must occur within the warranty period to have a lemon law claim. If the problems did not start until after your warranty expired, it is less likely that you will have a claim.

The Lemon Law Process

There are 4 parts to every lemon law case

Free Lemon Law Legal Review

Fill out our Free Case Review and Legal Consultation form, or simply call our office, and we will review your information and discuss your claim with you.

Sue, Negotiate, Arbitrate, Settle

If we decide you have a valid Lemon Law or other claim, our firm will represent you through the entire process. We may work through the manufacturer’s arbitration program or file a lawsuit. We will work with you to gather documentation, and prepare the best route for your compensation.

Litigation & Trial

Our trial attorneys will handle all filings, paperwork, and negotiations with the manufacturer on your behalf. We will provide counsel to you through the entire process, and keep you informed. If we cannot get your claims settled in the manner acceptable to you, we will take the case all the way through trial, and appeal if necessary.

Refund

Once you are satisfied with a settlement agreement, we will oversee your case until the terms of your settlement is met. Our job is not done until you get the compensation you deserve.

How Long Do Lemon Law Cases Take To Settle?

Every case is unique, but there are 3 common solutions to any lemon law case. Contact us now and we’ll set clear expectations for timing and best approach.

Arbitration

The manufacturer may require you to go through their arbitration program before you file a lawsuit. The arbitration process may take between 2 to 4 months, and unless you have a very strong case, it does not typically go in favor of the consumer. If you are not satisfied with the results, you can file a lawsuit,as the arbitration process is not binding on the consumer (but is binding on the manufacturer).

Settle

We strive to reach a settlement as quickly as possible. Most lemon law cases are able to be settled without substantial court intervention. Depending on your situation, a settlement can be reached within a few months. In many cases, we can reach an agreement before any litigation. Sometimes, however, a settlement is not reached.

Sue

Many lemon law claims settle before long before a trial ever occurs, however, some proceed through the entire litigation process. If you decide to file a lawsuit, the process can take anywhere between 1 to 6 months (typical settlement), to well over 1 year if a trial is necessary. It depends on the amount of preparation that is needed, and the scheduling and timing provided by the court.

Do I Need A Lemon Law Attorney?

Save Time

You are able to file a claim on your own. However, that would leave a lot of work for you to do, and it would be a very unfamiliar process. Save the time and the headache, and leave the paperwork and negotiations to an attorney.

No Cost

Our success with your case will pay for itself. We ensure that all costs and fees will be paid for by the manufacturer or out of settlement proceeds, so we are only rewarded if you are rewarded.

Experience

Our lemon law attorneys know what works and what doesn’t. Dustin Fossey is the lead attorney and has extensive experience representing consumers in lemon law and warranty disputes.  He is successful because he knows how to play the game.  How?  Before representing consumers he spent many years representing the largest car and truck manufacturers in the world, defending them against lemon law claims like yours.  He know hows the car and truck manufacturers operate, and will use his knowledge to your benefit.The firm will be able to advise you on the best course of action to get you the compensation you deserve.

Legitimacy

With an attorney at your side, your claim against a manufacturer will be taken more seriously, and almost always result in a much more favorable settlement that you can reach on your own. The process to reach your ideal settlement is often shorter and smoother with our professional services.

What Other Products Can The Fossey Law Firm Help Consumers With?

Our legal work is not limited to car and trucks. If you have purchased a consumer product that is sold with a written warranty, and you are having problems with that product, please give us a call for a free consultation.  Our legal practice includes assistance with products including, but not limited to the following:

Mobile homes
Mobile trailers
Motorcycles
Boats
Personal watercraft
ATV – all terrain vehicles
Side by side utility vehicles
Consumer drones
Refrigerators and other appliances
Dish washers
Cloth washer and cloth dryer
Air conditioning units
Furnaces and boilers.