SolveYourProblem eLearning Series:
Got Shafted?
Fight Back if Your Car is a Lemon!
( 27 pages )

Lemon Law in Court

If all else fails you, and despite the reluctance of most car manufacturers to go to court with a lemon law case, some of them do. They may figure they have a good enough case or they might believe enough in their own abilities to confuse the court that they are willing to go that far just to prove that they can.

You should expect to get described as an opportunist who is using a minor situation to go after a good company just to make a quick buck. Look for the opposing attorney to even make this claim to the court or to ask you if you aren't just pressing your lemon lawsuit just so that you can get rich at the expense of the car manufacturer.

Don't let this bother you. It's a common tactic. Stick to the facts and understand before you go into court why you are there and why you have the right to demand what you are asking. When you are sure of these things, this comes across to the court and they are on your side.

Here's a recap of why you are suing under lemon law:

1. The car manufacturer through their dealer had no problem taking your money in the first place. You negotiated in good faith for a car that was at least mostly free from defects, and that the company would and could make repairs that are covered under warranty.

Chances are you didn’t get what you negotiated for. You got a car that has defects that they are unable or refuse to fix. Filing a lemon law lawsuit is not a personal thing, they don't take it that way and neither should you when they attempt to defend it.

2. The car manufacturer does business in your state knowing full well what the lemon laws are. They understand that they will make a certain number of lemons and they choose to do business anyway. The fact that you are now suing them is a calculated part of doing business, and they need not be exempted from the law when something does go wrong.

3. It is the car manufacturer that is being unreasonable during most lawsuits. They know they will occasionally produce a lemon, yet in no instance do they ever accept responsibility for it without taking action on the part of the consumer.

4. Assuming that you have a legitimate case, the car manufacturer has likely neglected to act in good faith by negotiating with you and forcing you to live with the lemon car while they played around went against their legal obligations since they became aware of the situation.

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