Lemon Law in Worcester, MA
USA Today reports that in July of 2022 the average price of a new car soared to over $48,000. This is a major purchase, and a personal investment for most residents of Worcester. Few things can be as frustrating as buying a new car, only to discover later that it is defective. However, an experienced Worcester lemon law attorney can help you navigate the lemon law process to get restitution for your lemon vehicle.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any Worcester, Massachusetts 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 Worcester, Massachusetts Lemon Laws Apply?
There are some common practices that you can take that better position you in 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 become held liable for any attempts made to fix the problem.
- Be sure to keep accurate and detailed records of any repairs made. 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 Massachusetts to ensure you remain within the legal confines.
The Massachusetts State Government protects Worcester residents from defective automobiles through the state’s lemon laws. A car is a lemon if it has a defect, or nonconformity, which impairs the use, safety, or devalues the car. However, to be considered a lemon, this defect must present itself within the first 12 months, or the first 15,000 miles. You must also allow the dealer or manufacturer ample time and attempts to repair the defect before pursuing recourse through the lemon law.
How Do You Ensure the Application of Lemon Laws?
Lemon law statutes vary by state. You should research your particular state’s lemon law requirements to ensure that you remain within the legal confines of any claim you wish to forward. There are some common practices that you can take in Worcester that better position you in citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it to the dealership, you establish a credible paper trail showing that the responsible party attempted to address the issue at hand. 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.
- Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, having accurate records detail the manufacturer’s opportunities to fix the mechanical issues. This also helps build a timeline of how long you could not use your vehicle.
What Are Consumers Entitled?
You have a legal entitlement to a replacement vehicle or refund if , Massachusetts 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
- 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.
Worcester residents who purchase a used lemon do not have protections under the state’s lemon laws, according to Massachusetts Lemon Laws. Any used car in Worcester is understood to be purchased “as is”. However, you may be able to seek restitution under the Magnuson-Moss Warranty Act.
When Should You Hire a Qualified Worcester, Massachusetts 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 a , Massachusetts 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 Worcester lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most 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 Massachusetts 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 Worcester law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
The Worcester District Court is where you will most likely file if you decide to pursue your dispute through the judicial system. However, it should be noted that most lemon law cases are resolved through arbitration long before they make it to court. Still, if you must go to court it may be in your best interest to have an experienced Worcester lemon lawyer by your side.
Work With an Experienced Local Lawyer In Worcester, Massachusetts.
Do you need immediate help? Then one of our experienced lawyers in Worcester can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across Massachusetts 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!