Lemon Law Process
Asserting The Lemon Law Process
While the law seems straightforward enough, and New York has a relatively strong lemon law, it can be exceedingly frustrating for the consumer who ends up with the misfortune of having a lemon on his or her hands. David Kasell has years of experience advocating claimants’ rights and exacting manufacturer’s obligations under the law, consistently achieving successful outcomes.
Firstly, while it is the dealership that sold you the car, it is the manufacturer of the vehicle that is responsible. The dealer, however, might be inhibiting your progress by delaying the action you need to take if it repeatedly delays or brushes you off or informs you that the lemon law doesn’t apply. Because your consumer rights are primarily protected by the manufacturer’s warranty, which has time and mileage limitations, it is important to act quickly.
The first thing Kasell Law Firm will do is to evaluate all of the documents: sale, purchase documents, financing contract and any repair orders to determine if the financing was done correctly or if there are issues with the title that the client might not be aware of.
Secondly, the firm determines if the car meets the presumption under the lemon law. The law presumes that a reasonable number of attempts have been made if the dealer has made four repair attempts for the same problem or the vehicle has been out of service for 30 days or more within the first 18,000 miles or two years.
The presumption under the lemon law is a powerful tool for consumers. If you meet the presumption it is by definition a lemon, which means a motion for summary judgment can be made.
If the problems with your vehicle do not fit the lemon law presumption, the burden is now on you, the consumer, to establish that your vehicle is in fact a lemon.
When a settlement cannot be reached or a motion for summary judgment is not granted, the case goes to trial.
Attorney David Kasell has represented hundreds of clients in lemon law cases successfully, against nearly every major car manufacturer. Kasell Law Firm consistently gets results.
Call 800-724-3341 to schedule an initial consultation or contact us online when you have a lemon on your hands and need the help of a Queens lemon law lawyer.