Many of us have had experience with defective products such as purchasing an inoperable automobile. These cars may be known as “lemons” or cars with significant defects not covered by warranties. In some cases, the government may be able to step in to protect consumers from fraud should they purchase a defective car. One’s rights in their given situation will largely depend on their state’s lemon laws.
Nathan DeLadurantey recognizes that, as an attorney, he is in the unique position to help educate others on the complexities of lemon law as it pertains to the greater Wisconsin area. Nathan notes that individuals from states with similar protections may also be able to utilize some of the guidelines included to evaluate their situation and determine their ability to be made whole.
Here, Nathan DeLadurantey explores a few of the core concepts of lemon law and how car owners can evaluate whether they are entitled to any restitution.
Determining if Your Car is a Lemon
The foundational step to understanding your protections as a consumer is determining whether your car can be considered lemon. Cars are not automatically considered lemons just because they are defective or eventually fall into disrepair. According to Nathan, there are several factors to consider when evaluating how lemon law applies to your new car.
The first factor is that you purchased a new car from a dealership. In Wisconsin and several other states, lemon law protections only apply to new vehicles, and individuals who have purchased used vehicles should consider filing a dealer complaint instead. Nathan DeLadurantey notes that, for a car to be considered a lemon, it must also feature a defect that harms the use, safety, or value of the vehicle. This defect must occur within the first year of car ownership.
Nathan DeLadurantey maintains that, according to Wisconsin law, one of two possible factors must line up for protections of lemon laws to apply. Either the dealer must have failed to fix the nonconformity 4 times or that the vehicle must have gone out of service for 30 days or more due to the defects within its first year and before the warranties expiration. Should these factors line up, your car may be a lemon and protected by the state’s lemon laws.
The Process of Filing a Lemon Law Claim on a New Car
The process of filing for a lemon law on a new car in Wisconsin is simple, but those interested will want to follow the process by the book for best results. This involves documenting the defects, attempts to repair the vehicle, and then following the statutory requirements by providing the manufacturer an opportunity to rectify the situation. This will involve either buying back the lemon or providing a new vehicle. Nathan DeLanduratey’s advice as an attorney is to follow the recommended process closely as it may impact your ability to file lemon law and achieve a favorable result in court. While following the recommended process it can be helpful to have the guidance of a legal professional as they can help with swiftly filing a lawsuit.
Can You File a Lemon Law Claim on a Used Vehicle?
Nathan DeLandurantey recognizes that individuals commonly inquire if lemon law can be applied to used vehicles in Wisconsin. While he notes that new car lemon laws do not apply to used cars in Wisconsin and many other states where similar lemon laws apply, he speaks to how people may have similar rights under Wisconsin law when purchasing a used car from a dealership. He notes that they are much like lemon laws in that they require certain conditions to be met.
Laws protecting purchasers of used cars may apply if a dealer provided a false or incomplete Buyers Guide, the car breaks down after pulling off the lot, or if there were undisclosed accidents that the buyer was not aware of at the time of purchasing. Nathan encourages people who feel as though they were given a defective automobile to receive a free consultation to better understand their rights and whether used car laws apply to their given situation. A lawyer can look at the various factors of your case, educate you on the various conditions that may apply to your situation, and advise you on the best course of action to take.
Your Options if You Bought a Lemon
If you have evaluated your situation and believe that you have purchased a lemon, it is crucial to both understand the steps you should take and your options for proceeding. Nathan DeLandurantey encourages individuals who bought a defective new car from a dealership to keep all documents from their purchase and repairs. Taking notes from texts, phone calls, and in-person conversations is another important step for keeping a record of your situation as it can be invaluable for a developing case. After all, evidence is a vital component of any successful lawsuit.
According to Nathan DeLandurantey, a lawyer is a great resource when evaluating your lemon law protections. Discussing your case with a lawyer can help you better understand your options, how to proceed, and what you may be able to expect as restitution if your suit is successful. It is possible that the purchaser of the lemon is entitled to a new car, money to recoup their losses due to the purchase, or a variety of other damages from the manufacture or seller depending on the specifics of their case.
