Lemon Law in Tennessee
According to Autolist, the cost of a new car increased by 13% from March 2021 to the end of the year. Supply chain issues continue to make vehicles hit all-time highs in 2022.
As a result of this rapid inflation, there is an increased sense of urgency when you purchase a lemon. Owning an automobile has long been the second largest investment for Tennessee residents. Other than buying a home, most people will not spend more on a single item than this one. Accordingly, the details in this article can help you protect your best interests in an uncertain future.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do Tennessee Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in Tennessee to ensure you remain within the legal confines.
ConsumerAffairs details some of the crucial aspects of Tennessee lemon law, like eligibility requirements. Currently, the following needs to apply for you to have options for legal recourse:
- Four repair attempts or 30 days of total downtime within the first year or end of the warranty period
- Sending a notice via certified mail to the manufacturer
- Identifying a timeline for a final chance to fix the issue within ten days
What Exactly Are Consumers Entitled To Under Lemon Laws?
You have a legal entitlement to a replacement vehicle or refund if Tennessee lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Registration
- Taxes
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
Tennessee lemon laws do not offer legal coverage for used vehicles. But, there may be some hope in utilizing federal law. Your lemon law lawyer can help you identify any options available using the Magnuson-Moss Warranty Act.
When Should You Hire a qualified Tennessee Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced Tennessee lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced Tennessee lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most Tennessee lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your Tennessee legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Tennessee law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
Many lemon law cases in Tennessee begin by filing a complaint with a General Sessions Court. Depending on the damages sought, a small claims court may adjudicate.
Work With an Experienced Local Lawyer In Tennessee
Do you need immediate help? Then one of our experienced lawyers in Tennessee can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Tennessee state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
