Beyond Lemon Law: What Makes a Strong Case

 
Veteran lemon law lawyer Dani K. Liblang recently spoke at the Institute of Continuing Legal Education. Find out what she says makes a strong lemon law claim.

Recently, the Institute of Continuing Legal Education (ICLE) asked Attorney Dani K. Liblang of The Liblang Law Firm, P.C., in Birmingham, Michigan, to share her expertise about consumer protection laws involving vehicles. She was featured as the plaintiff’s attorney in a panel discussion “Beyond Lemon Law: Consumer Auto Transactions” (subscription required). Dani and the panel reviewed the complicated statutes and legal processes that go into a Lemon Law claim.

A previous blog post introduced the seminar. Now find out what Dani had to say about what makes a strong lemon law claim.

Lemon Law Claims for New Cars

If you bought your lemon as a new car, you may have a strong lemon law claim if the problem involves a major component like the engine, transmission, or brakes, rather than luxury elements like the heated seats or on-board Global Positioning System (GPS). However, Attorney Dani K. Liblang noted that some apparent luxury items can substantially interfere with the way a particular driver uses a car. For example, that same GPS system may be essential to a traveling salesperson who relies on navigation to get between calls.

Lemon law attorneys look for signs of a repeated problem. According to the state statute, drivers are entitled to protection if their cars:

• Require 3 or more repairs for the same problem reported within the first year of ownership
  
• Are in the dealership for 25 days or more in the first year.
  

When that happens, a lemon law lawyer can help you put the dealership on notice. The company then gets one last chance – or up to 5 more days – to correct the problem. If it doesn’t, you have a strong lemon law claim.

Lemon Law Claims for Used Cars

When you buy your car used or certified pre-owned the lemon law claims look different. The strongest claims come from:

• Odometer fraud (where the dealer rolls back the mileage to make the car seem newer)
  
• Undisclosed rebuilds after a car has been flooded or wrecked without proper salvage title
  
• Misrepresentation about the condition of the car (e.g. that it has passed a 30 point inspection)
  

Lemon law claims in used cars are more difficult because they depend on what a person was told about the condition of the car. Your consumer protection attorney will help you review your purchase agreement for any illegal disclaimers and go through your buying experience for fraud or misrepresentations.

Lemon law claims happen everywhere, in new and used vehicles. Dani K. Liblang of The Liblang Law Firm, P.C., in Birmingham, Michigan can help you figure out if yours is a strong lemon law claim. Contact The Liblang Law Firm, P.C. for a free consultation today.