Consumer Lemon Law FAQs

FAQs

Do I have to pay attorneys' fees? 

No- There are no out of pocket attorneys' fees to the consumer.  Attorneys' fees are requested from the manufacturer as part of any settlement.  A consumer would only pay fees if that consumer decides to accept a settlement offer that does not fully pay for attorneys' fees.  However, a consumer is not obliged to accept any offer that does not fully pay fees. You will be made aware of how much a settlement offer will net you and you will always have the option of deciding whether to accept or reject any settlement offer.  

If there is no recovery obtained on your behalf then no fees are charged.  We only get paid if you get paid.

  

How much of my time will this take?

Usually very little of your time. With Pryor, Ramirez & Amar’s efforts, most cases are resolved out of court within 2 months.    Your main responsibility during this process will be to confer with your attorney via phone or e-mail regarding settlement offers.

 

Will I still be able to get warranty repairs during my claim?

Yes, your warranty is still valid.  Also, any settlement reached should not affect your right to continue to receive warranty repairs.

 
Should I try resolve my claim through the BBB Auto Line?

No.  The BBB Auto Line only decides to award a repurchase or replacement at arbitration 22.8% of the time, and repair 12% of the time (repairs are meaningless because they are already required under warranty).  [See 2009 BBB Auto Line Statistics- in its own website]. The Auto Line also does not appear to offer cash compensation.  Id.  For the vast majority of consumers, the BBB Auto Line is just a procedural hurdle that causes delay which could effect applicable statutes of limitations. It also increases the time consumers must keep their defective vehicles and forces them to continue to make payments while delaying resolution. 

 

Do I have to go to Court?

 Most claims are resolved by Pryor, Ramirez & Amar out of court without the need for litigation. When necessary, Pryor, Ramirez & Amar litigates cases on behalf of consumers.  With that being said, if a claim is not resolved out of court, you are under no obligation to proceed to court if you do not wish to.  You can decide to end the representation without owing any fees.  

 

How much time do I have to file a claim?

This depends on the mileage of your vehicle and when it was purchased.  If a consumer does not make a timely claim, he or she may lose their rights under the Lemon Law.  Please contact us for a specific analysis of your situation.

 

What happens if my claim is not resolved out of court?

If a consumer decides to pursue litigation, our attorneys are knowledgeable and will prosecute your claim with diligence.  Unlike other Firms that may not be interested or willing to litigate, Pryor, Ramirez & Amar has fully and successfully litigated cases through trial and in the Court of Appeals.


Do I have to pay attorneys’ fees if I pursue litigation?

If a consumer decides to pursue litigation in court and the consumer prevails, a fee petition is filed with the court on behalf of the consumer for payment of attorneys' fees.  If the full fees are not awarded, the outstanding fees are paid from the total recovery.  If a consumer complies with the representation agreement but unfortunately does not win his or her case, then no attorneys’ fees will be owed.

  

What other costs are there in litigation?

Most cases are resolved out of court without any need for court costs or any other types of costs. If you decide to pursue litigation by filing a court Complaint, the filing and service of process fees are the responsibility of the client.  There may also be other costs associated with a prosecuting your case.  It is our goal to resolve your case efficiently and spare costs.  

 

Will I have to go to trial if I file a lawsuit?

Going to trial is very rare.  There are often times many opportunities to settle a case before filing a formal complaint in court.  Even after a complaint is filed, there are additional opportunities to obtain recovery before going to trial. 

Ultimately, if the matter is not resolved, it may have to be decided at trial.  We have been successful at trial and will do our utmost to prepare you for such an eventuality.

 

Who are the major manufacturers?

General Motors, Ford, Nissan, Chrysler, Toyota, Mercedes, BMW, Volkswagen, Kia, Hyundai, Mitsubishi, Suzuki, Honda, Four Winds, Monaco, Winnebago, Fleetwood (this list is not exhaustive).

 

What are some of the major defects?

Engine, transmission, suspension, tires, brakes, electrical system, air conditioning, interior trim, exterior trim (this list is not exhaustive).

 

What do I do if I was sold a used damaged vehicle by a dealer?

Run a Carfax, take the vehicle to an independent repair shop for a written evaluation, then contact Pryor, Ramirez & Amar, LLC.

 

*Disclaimer-- The above FAQs are for informational/educational purposes and do not constitute legal advice.  Although our case review is free, please be advised court filing and service fees may be required if a case is pursued in court. Please contact Pryor, Ramirez & Amar, LLC for additional pertinent information and details about your rights.