When you give the factory "one more chance" to fix your lemon, you can lose

We've noticed an unusual number of calls from lemon car owners who aren't sure if they should give the manufacturer or the dealer another chance to work on their lemon car if they already fit the lemon law. They wonder if they should wait while the factory works on a "fix" that's is in the works or enforce their legal rights now.

The answer is now. And there's good reason for it.

After all, if they haven't been able to fix it so far, there's no reason to think the dealer will suddenly discover the cure for your lemon car ills. Most of the time, the dealer and the factory are really try to stall and delay you. The days can turn into weeks and the weeks into months. So why do they try that? And what's wrong about letting them do that? Plenty.

First, your warranty is running out on you while you wait. And the factory knows it. Once it has expired, manufacturers often argue that it's too late - even when the only reason you were strung out so long is because you were waiting for the dealer or the factory "rep" to call you back for that "fix" to finally get done. They blame it on you - and it isn't really your fault at all.

Second, not going back in the shop can create the impression that everything was fixed. They argue that since months went by without you complaining then there must have been nothing wrong that whole time. "It's fixed now" they say with a straight face, even though you know it isn't true. The truth is, they know it too - they just don't care.

Third, you have nothing to lose by starting your lemon law claim now with us. The warranty claim "department" is not the same people who are supposedly waiting on "the fix" for your car - so you have nothing to lose by starting your claim right now. You might as well let us start your lemon law claim now so that we can work toward getting you out of your old car and into a new one or getting your money back. In many consumer cases, the "fix" never comes at all and even when it does it might not happen for months, if at all. 

Fourth, if you wait until later, it takes that much longer for the warranty claim people to get your claim processed. Often, it is months before the so-called "fix" repair process comes down to the dealer (even when there really is a repair announced) and by then you could have your lemon law claim processed and be driving your new car. Sit and wait or get in your new car - which would you rather do?

Fifth, while you are waiting, you may be stuck using the vehicle. We know you don't want to, but the simple truth is that most folks can't afford to just park their lemon and go out and buy another vehicle (new or used) and make TWO loan payments. So you are stuck having to use your already-a-lemon car or truck while you are waiting for the dealer or factory representative to call and give you the "good news" about the "factory repair" authorization that you've been waiting for. 

And if it never comes? or it doesn't work? Well, then you've got hundreds of more miles on your car by the time you finally give up. The factory lawyers know that means that they have a better chance of getting away with paying you much less than you deserve.

"After all," they claim, "you got a lot of miles out of that car so it couldn't have been that bad." Yeah, right. Continuing to drive your lemon car or truck lemon, while waiting for them to call you, can reduce the amount of money you have a right to get back. They know that and they are betting you don't know it. Don't let them fool you.

And then, there's the legal concept of "waiver" and the factory attorneys love that one. Waiver is an idea that factory lawyers dreamed up. They claim that you knew what your legal rights were and you decided not to enforce them and to instead give the factory another chance to repair your lemon car anyway. It's a legal defense that most states may allow a defendant motor veihcle manufacturer to use to avoid having to do anything at all for you. They sneak up on you with it and it can cost you big time money in the end.

There's lots of other reasons, some legal and technical and others just plain practical. But the simple truth is that if you don't protect yourself then you can be sure the factory won't.

That's why we're here. Don't let the manufacturer of your lemon car or lemon truck take advantage of you. We can protect you and get you the maximum amount of refund in the quickest time. After all, there's a reason vehicle manufacturers don't like us. And we're okay with that because we work for you - not them.

If you've got a lemon and you are getting nowhere, don't wait for that promised "fix" to arrive months from now. By then you could be in your new car - a car that runs right. Call us on our toll free number, 1.888.331.6422 or email us right now.

Why? Because life's too short to drive a lemon.

Getting rid of lemon cars and lemon trucks is what we do.
Everyday, for over 25 years.

Share this:

ABOUT THE AUTHOR

Known nationwide as a leading Lemon Law attorney, Ronald L. Burdge has represented literally thousands of consumers in "lemon" lawsuits and actively co-counsels and coaches other Consumer Law attorneys. From 2005 through 2018, attorney Ronald L. Burdge has been named as the only Lemon Law Ohio Super Lawyer by Law and Politics magazine and Thomson Reuters Corp., Professional Division. Burdge restricts his practice to Lemon Law and Consumer Law cases. The Ohio Super Lawyer results are published annually in the January issue of Cincinnati Magazine. Ronald L. Burdge was named Consumer Law Trial Lawyer of the Year 2004 by the National Association of Consumer Advocates, the nation's largest organization of consumer law private and government attorneys. "Your impact on the auto industry has been magnified many times over because of the trail you blazed for others," stated NACA's Executive Director, Will Ogburn. Burdge has represented thousands of consumers in Ohio, Kentucky and elsewhere since 1978 and is a frequent lecturer to national, state and local Bar Associations and Judicial organizations. Burdge is admitted to Ohio's state and federal courts, Kentucky's state courts, and Indiana's federal courts. Other court admissions are on a "pro hac" temporary, case by cases basis.