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Do I Need a Lawyer for a Lemon Law Claim?

No law requires an attorney for a lemon law claim, and some state programs are open to owners filing on their own. The video explains why representation changes how a manufacturer treats a file, and how fee-shifting works. Easy Lemon works on contingency, so there is no attorney's fee unless we recover for you.

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About this video

Filing on your own is possible, and the video covers when that can make sense. It also explains how fee-shift provisions can put a consumer's attorney's fees on the manufacturer, and why that changes the negotiation.

Frequently Asked Questions

Do I Need An Attorney To Pursue A Lemon Law Claim? +
No statute requires one. New York's arbitration program and the Texas Department of Motor Vehicles hearing process (N.Y. Gen. Bus. Law §198-a; Tex. Occ. Code §2301.601 to §2301.613) are both open to consumers filing on their own. Counsel changes the other side's math, and the fee rule is why: 15 U.S.C. §2310(d)(2) lets a court order the manufacturer to pay the consumer's attorney's fees, and New York, New Jersey, Pennsylvania and Florida each have a state fee-shifting provision too. The Texas Lemon Law has no attorney-fee provision of its own. Easy Lemon works on contingency, so there is no attorney's fee unless we recover for you.
What If The Manufacturer Refuses To Cooperate? +
The claim moves to the next forum: a TxDMV hearing in Texas, or court in New Jersey, where N.J. Stat. §56:12-29 to §56:12-49 requires no arbitration first.
What If The Manufacturer Already Denied My Claim? +
You may still qualify under state or federal warranty laws. The manufacturer turning you down does not, by itself, end a claim under your state’s lemon law or the Magnuson-Moss Warranty Act.
How Hard is it To Win a Lemon Law Case? +
It depends mostly on the paperwork, because the statutes do part of the work. Hit your state's threshold and the law presumes a reasonable number of attempts; the manufacturer then has to rebut it. Florida gets there at 3 attempts plus a final attempt following written notice (Fla. Stat. §681.10 to §681.118). New Jersey gets there at 3 attempts or 20 days out of service (N.J. Stat. §56:12-29 to §56:12-49). Maryland gets there at 4 attempts, or 1 where the defect causes failure of the braking or steering system and survives notice and an opportunity to cure (Md. Code, Com. Law §14-1501 to §14-1504). The cases that drag are the ones missing repair orders, or where the dealer never wrote the defect down. Get a written repair order every visit, even when they say they found nothing.

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Attorney Advertising. Easy Lemon, P.C., Steven Nassi, Responsible Attorney. Past results do not guarantee future outcomes. Every case is different and depends on its specific facts. This page is not legal advice and does not create an attorney-client relationship.

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