Frequently Asked Questions- You Have Questions We Have Answers!

What is the Lemon Law?

The “Lemon Law” refers to a group of state statutes that provide a remedy to consumers against manufacturers of motor vehicles which repeatedly fail to meet standards of quality or performance and are not repaired within reasonable number of repair attempts or time.

As of 1993, all fifty U.S. States have passed Lemon Laws. Each state has different standards and procedures, but all have similar coverage. 

There is a State Lemon Law and a Federal Lemon Law that covers consumers in Arizona.  

What are the requirements for a vehicle to be considered a "Lemon" under the law?

While each case is different, the most basic requirement of the Arizona Lemon Law and the Federal Lemon Law is that, during the manufacturer’s warranty period, a vehicle's defect, condition, or non-conformity was repaired under warranty at an authorized dealership an unreasonable number of times or the vehicle was out-of-service an unreasonable amount of time. 

You don't need both too many repairs and too much time out. Just one or the other. 

In our view, if your vehicle has been repaired three times for the same substantial problem or has spent at least 25 days out-of-service by reason of warranty repair it should qualify as a "Lemon." 

There can be exceptions so please contact us to review your particular vehicle situation.

Which vehicles are eligible for legal help?

The Arizona Lemon Law applies to cars, motorcycles that are designed for highway use, and the chassis and powertrain portions of Motor Homes (not the house portion) that have an unreasonable number of repairs within the earlier of the first 2 years or 24,000 miles of use. 

Cars, trucks, RVs, trailers, motorcycles and boats are all eligible for help under the federal breach of warranty law called the Magnuson-Moss Warranty Act that applies to all warranted consumer products that have an unreasonable repair history within the entire warranty period, which is often times longer than the Arizona Lemon Law period or the earlier of 2 years or 24,000 miles of use from the date of original delivery to a consumer.

I think I may have a "Lemon." What should I do?

You can legally take action if you feel you have been sold a "Lemon" vehicle or consumer product. 

Gathering all of your vehicle's repair records is the first step. 

If you’re not sure whether your vehicle might qualify, we encourage you to seek more information. If you think you might be missing paperwork from previous repairs the repairing dealership(s) should be able to provide you with a full repair history.  The work orders or repair orders are preferable to computer print outs because they have more detail. 

Just don't mention the Lemon Law or attorneys because then the dealer might give you the run around. 

You are under no duty to volunteer information to the dealer if you are asked why you are requesting records. 

That you want a complete listing of what repairs have been done to your vehicle for your own file and records is a sufficient reason for the request. 

We are always happy to answer any questions regarding whether or not your vehicle qualifies at this time.

What could I be entitled to under the Arizona Lemon Law?

Under the Arizona Lemon Law you can obtain a Lemon Law Refund or a New Car or Motorcycle. 

Under federal and State breach of warranty laws you can obtain Cash Compensation.  

You are also entitled get attorneys' fees paid in settlement, so as long as you allow us to complete our Lemonaid process from start-to-finish we will NEVER charge you out-of-pocket for our attorneys' fees in out-of-court representation; 95% of our cases are resolved out-of-court without any lawsuit. 

We work with all our clients to find the solution that’s right for them.

If I purchased my vehicle used, can I still use the Lemon Law to get help?

As long as the vehicle was still under the original manufacturer’s warranty at the time of purchase and you have had too many or untimely warranty repairs, you may still qualify for a settlement under State or federal breach of warranty laws, depending on your vehicle’s repair history and the timing of repairs.

Used vehicles are evaluated on a case-by-case basis to see if we can assist.

Do I have to pay attorneys’ fees?

As long as you abide by your terms of representation, there are no out-of-pocket attorneys’ fees charged for out-of-court pre-litigation representation EVER! 95% of our cases are resolved out-of-court with no lawsuit.  

Attorneys’ fees are requested under the law on your behalf from your vehicle's manufacturer as part of any out-of-court settlement. 

No attorneys' fees are ever charged to our clients out-of-pocket for out-of-court representation if you allow us to complete the Lemonaid process from start to finish.

We only get paid if YOU GET PAID! 

What if my case doesn’t settle out of court, will I be charged? 

No. As long as you do not end the representation prior to completion of our out-of-court Lemonaid process, we will get paid by the company on your behalf for the fees incurred if we get your case settled for you (a Refund, New Car or Motorcycle, or Cash Compensation) in an out-of-court representation. 

We will advise you about whether we believe an offer is fair and reasonable under the circumstances and regarding your settlement options, but whether to settle or not is always up to you. 

How much of my time will the out-of-court compensation process take?

Usually very little of your time, typically 30 minutes or less for the entire out-of-court 3-Step Lemonaid Process. 

How much total time from start to finish does the out-of-court resolution process take?

With Amar Law Group's efforts, most cases are resolved out-of-court within 2-4 months; the average is 2-3 months. Once a settlement is reached it typically takes 2-8 weeks to receive the compensation (Buyback, New Vehicle, or Cash Compensation) that was negotiated for you.  

A small percentage of companies take 90 days to pay on settlements, but once you have a signed agreement you will be paid, and we would sue the company to enforce the settlement if it is not abided by.  It is very rare for a company not to comply with a settlement and we've only had to sue to enforce a settlement a handful of times out of thousands of cases over the years.

Your main responsibility during our 3 Step Out-of-Court Lemonaid Process will be to confer with your attorney regarding settlement offers, keep your attorney posted about any new repair issues, and provide any vehicle records the other side might request to review if we don't already have them from you. This typically takes only 10-20 minutes of your time because there are no hearings to attend for our 3 Step Out-of-Court Lemonaid Process. 

We know you're busy and we will do all of the heavy lifting to deal with your out-of-court vehicle matter for you.

How much time do I have to file a claim?

This depends on the mileage of your vehicle and when it was purchased. 

Under the Arizona Lemon Law you have 6 months from when you reach the 2 years or 24,000 miles of ownership (whichever comes first) from the date of original delivery to file a claim in court. 

The statute of limitations for Magnuson-Moss Warranty Act cases is 4 years from when the warranty is breached for motor vehicle cases and most RV cases (although some RV companies attempt to limit the time for bringing claims in their warranties without proper disclosure to consumers; we argue on behalf of consumers that such limitations are legally invalid, but please contact us for an in-depth analysis of your specific RV situation if you are concerned about being timed out of a claim due to warranty fine print). 

If you do not make a timely claim, you may lose your Arizona Lemon Law or breach of warranty rights to compensation no matter how severe your problems have been, so please do not delay contacting us to evaluate your vehicle situation.

How do I get started?

Please fill out a Free Lemon Law Evaluation form or contact our office to get your case evaluated by a Lemon Law attorney. All case evaluations are FREE and all information is kept strictly confidential.

How long will you take to review my records once I send them? 

We will do our best to get back to you the same day if possible. It will be the next 2 business days at the latest, guaranteed!

What if I leased my vehicle?

In many cases, leased vehicles are subject to the same warranty benefits and limitations as purchased vehicles under the Magnuson-Moss Warranty Act, but there are many leased vehicles that are excluded from Arizona Lemon Law coverage due to an Arizona Supreme Court  ruling limiting the coverage of leased vehicles, unless the leasing company agrees to provide you Lemon Law rights as a consumer. 

Please contact us to determine what law applies to your leased vehicle.

I'm very busy.  Will this Lemoning process be too much of a hassle or time investment for me? 

That concern is understandable. We would like to reiterate though that the time investment for our out-of-court 3- Step Lemonaid Process very minimal. 

We can handle everything over phone, email, or fax and just 10-30 minutes of your time could result in a Lemon Law Refund, a New Vehicle or substantial Cash Compensation (several thousand dollars depending on the severity of the defects and repair history). 

Of course it is up to you whether you believe it will be in your best interests to seek Arizona Lemon Law compensation, but it would be well worth your while for the minimal time involved because worst case scenario if the out-of-court process is completed without resolution (just 5% of cases) you are only out a minimal amount of time and have been charged nothing for the out-of-court representation. 

The other 95% of the time a Refund, New Car (or Motorcycle), or Cash Compensation has been obtained for you out-of-court for an under 30 minute time investment, Guaranteed!

I think I might be able to handle this Lemon Law issue myself, why don’t I just call the Car, Motorcycle, or RV company on my own?

It makes sense for you to want to try and work things out amicably with the car, motorcycle, or RV company. 

What you need to know though is that the company is not necessarily looking out for your best interest. Most companies do all they can to minimize their expenses and want to do the least amount possible to resolve Lemon Law matters.  

They train their representatives to sweet talk you and do nothing that would help you at all or just to give you something minimal like a month of payment, a free oil change, or a short warranty extension. 

Sometimes you’ll even be asked to sign a document giving up your Lemon Law rights to get that kind of inadequate result. 

We have seen this happen multiple times with clients that had very strong claims entitling them to a Refund, New Car or substantially higher Cash Compensation, but there was nothing we could do to help because they unknowingly signed all of their rights away.  

Keep in mind, several car companies have not done safety recalls for $20-$100 parts knowing that people could be harmed. This is what you are dealing with. 

The car, motorcycle and RV companies also know that out of every 10 people with legitimate Lemon Law or breach of warranty cases maybe 1 or 2 out of 10 will go the extra step and hire an attorney even if they are threatening to get an attorney involved or say they have talked to one. 

They know most people are leery of dealing with attorneys because of negative media impressions or negative experiences in different types of legal matters.  They also know that most consumers do not fully understand the Lemon Law resolution process and pitfalls that could hurt or even cause a claim to fail.  

Because of that they either offer you something minimal or nothing at all. 

Even in the rare cases when companies do accept responsibility and offer a buyback or replacement car, often times those offers do not include everything you'd be entitled to recover under the law.  So you lose for winning.

Finally, if you had a medical issue would you do surgery on yourself? 

Then why would you do the same thing with a legal issue against a multi-million or even multi-billion dollar company with legally trained representatives? 

In fact, car, RV, motorcycle, or boat company representatives for Lemon Law and breach of warranty matters are sometimes actually attorneys or at least legally trained regarding Lemon Laws and civil legal matters and this training could be used to get you to make statements or admissions that could hurt or even defeat your Lemon Law case. 

You don't have to go into the Lion's Den on your own. 

You can have a Law Firm that has dealt with these companies (and defeated them at trial when necessary) on your side to protect your rights and to fight on your behalf to get the best deal possible for you. 

The unfair and unequal bargaining position between individual consumers and these large companies is why both the Arizona Legislature and Congress added attorneys' fees provisions to the law requiring that manufacturers pay your attorneys' fees for these types of claims. 

Both the Arizona Legislature and Congress (who aren't necessarily the biggest fans of attorneys) still wanted consumers like you to have a level playing field with vehicle companies by having attorneys representing your interests as a consumer and not to have the cost of hiring an attorney preventing you from getting legal assistance. 

Because you are able to recover your attorneys' fees from the manufacturer of your vehicle as part of Lemon Law or breach of warranty resolution, you are legally entitled to and deserve this 100% Free (to you) Legal Help!

My vehicle is finally repaired now. Is it worthwhile do anything about it anymore? 

That’s great if your vehicle is finally (apparently) repaired. 

Let us ask you though, did you expect to deal with so many repair attempts or time without your vehicle when you first bought this brand new car, motorcycle, or RV? 

Was it convenient for you to have to take your vehicle in for repairs? 

Was the rental/loaner (if one was even provided without a charge) the same caliber as your vehicle? Even if it was, you have still been inconvenienced and providing a rental is not a defense to a Lemon Law claim. 

Do you feel after dealing with all these problems that you got the "new" vehicle value you paid for? 

Look we understand you might like your car, motorcycle, or RV despite the defects and repairs you've had to deal with. 

That’s why you bought it, but if your vehicle is truly finally properly repaired, and only time will tell on that, you should at least still get some of your money back for the inconvenience and for having overpaid for a new vehicle that’s had repairs like a used product. 

Those types of cash settlements are actually the most common and easier to negotiate because companies prefer to just say they’re sorry and to keep you as a customer by cutting you a check to make things right with you rather than reacquiring a vehicle they then have to deal with the time, cost, and hassle of labeling the vehicle a "Lemon" and then wholesaling it at auction for a loss. 

The main point is, that the law steps in to say "enough is enough" once a vehicle has had too many repairs or has been in the repair shop for too long even if the vehicle is finally repaired. 

Time is our most limited resource and you will never get the time back for dealing with these repair issues. You should at least be compensated for that. 

Keep in mind the law is not meant to punish the other side. We aren’t seeking millions of dollars from the company. 

It’s just about getting you the new vehicle value you deserve and that type of substantial compensation will only take 10-20 minutes of your time because we do all the heavy lifting. 

If you get out-of-court Cash Compensation for the aggravation and inconvenience you've been through, the settlement will be completely confidential and your vehicle will not be labeled a Lemon so you don't have to worry about losing any money when you go to sell or trade out of it due to a Lemon brand.  

That only happens if the company takes the vehicle back from you with a Lemon Law Buyback or New Vehicle Replacement, and then it's their responsibility to deal with, not yours.

So it’s up to you if you think a 30 minute or less time investment that costs you nothing out-of-pocket 3-Step Out-of-Court Lemonaid Process is worth potentially thousands of dollars in compensation to you.  

It was definitely worth it for 8,325 clients who've recovered $61,275,203.00 over the years. 

What information is important on a repair order?

Make sure the repair order accurately reflects the date you dropped off your vehicle for repair and the date you picked up the vehicle after repairs were completed along with the correct mileage your vehicle was at. 

Also make sure the dealership accurately describes all of your complaints in your words, not the dealership’s words, and lists all the repairs that were done.

I’ve taken my vehicle in for repairs several times, but I was never given a repair order or I haven’t kept repair records what can I do?

It is best to request the work orders or repair orders for your vehicle form the repairing dealer(s) because they have the most detail.  Just do not mention the Lemon Law or attorneys because then you might get the run-around.

If the repairing dealer claims not to have copies of the actual repair orders then at least request the repair history printout from the dealer.

If you're having trouble getting the repair records, contact our office for more guidance on how to get them.

Will pursuing an Arizona Lemon Law claim upset the repairing dealer I have been dealing with?

That’s a legitimate concern. What you should know though is that the Lemon Law applies to the manufacturer of a defective vehicle, not the dealer. 

The dealer does repairs on behalf of the car or motorcycle company but it is a completely independent entity. There is no cost to the dealer under the Lemon Law. 

We’ve even had cases where honest dealers recommend to their customers to look into the Lemon Law.  

For RVs, Offroad Vehicles and Boats there are some instances where we have to include the selling dealership because of exclusions of Lemon Law coverage for certain products and we have to use laws that directly apply to dealers to get consumers the best resolution possible. 

However, manufacturers generally indemnify/defend dealerships for any warranty or revocation of acceptance claims for these products so we are still technically pursuing the matter against the manufacturer of the product.

If I pursue a Lemon Law claim will the dealer get mad and retaliate against me if I need future repairs? 

In our experience dealers do not retaliate against consumers for Lemon Law or breach of warranty claims because the law applies to the manufacturer not the dealership and so the dealer doesn’t lose any money.  

Additionally, the product warranty requires that necessary defect in materials and workmanship repairs be performed and if a dealer refuses to repair legitimate defects that would lead to breach of warranty legal penalties against the manufacturer, which is its business partner. 

What should I do if the repairing dealer is not confirming and repairing my vehicle problems?

Go to an independent mechanic (by independent we mean not an authorized repairing dealer of the car, motorcycle, or RV company) and explain the situation you are having with the dealer not confirming or repairing the problem.  

Ask the mechanic to diagnose (not repair) the source of the problem and put down in writing what the mechanic believes it to be.  

Do not have any repairs done because that could void your warranty.  

Then go back to the dealer with the written repair diagnosis and request that the dealer repair the components the independent mechanic diagnosed as being the source of the problems.

How is it possible that I won’t be charged for the out of court representation? 

The reason there is no charge to you is because an attorneys’ fee provision was added to the law, which allows you to recover your attorneys' fees.

That was done because vehicle companies were not standing behind their products. The Arizona Legislature  (and Congress) both wanted people to have the help of attorneys so the car companies would stop taking advantage of people and would accept responsibility for poorly made products. 

Most attorneys would not be willing to take on small dollar car, motorcycle, or RV cases because the fees charged wouldn’t make sense in many cases. At the same time, consumers would not want to pay attorneys’ fees out of pocket for a replacement vehicles.

For all these reasons the companies are responsible to pay you attorneys’ fees in successfully resolved cases and we don’t have to charge you up front and as long as you allow us to complete our out-of-court Lemonaid process from start to finish, we will never charge you out-of-pocket for out-of-court representation with our FAIR FEE GUARANTEE.

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

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]. 

Neither the Auto Line nor the NCDS offer cash compensation. 

For the vast majority of consumers, the BBB Auto Line and NCDS are just a procedural hurdles that cause delay which could effect applicable statutes of limitations (time limits) for bringing Lemon Law or breach of warranty claims. 

These processes also increase the time you must keep your defective vehicle and forces you to continue to make payments on the Lemon while delaying resolution. 

Finally, both the Auto Line and NCDS are paid for by vehicle companies. Who do you think that favors?

Will I still be able to get warranty repairs during my claim or if I settle for cash compensation and keep my vehicle?

Yes, your remaining warranty coverage is still valid. 

Also, any settlement reached does not affect your right to continue to receive warranty repairs for the normal duration of your vehicle's warranty.

Will my vehicle be tagged a "Lemon" if I settle for Cash Compensation? 

No. Settlement terms will not be reported in any public database or on the internet. 

The vehicle only gets tagged a "Lemon" if the motor vehicle company takes it back under the Lemon Law.

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

If you are not happy with an out of court offer or non-offer (which only happens in 5% or less of our cases) and decide to pursue litigation, our attorneys will fight to get you the best outcome possible and will continually attempt to settle your case throughout the process. 

Unlike other run of the mill firms that may not be willing to litigate (and car, motorcycle, and RV companies know who these firms are), Amar Law Group's attorneys have fully and successfully litigated cases through trial and in the Court of Appeals and we have a much higher winning percentage in Court than most Lemon Law firms.

Do I have to go to Court?

A very high percentage of claims (at least 95%) are resolved by Amar Law Group out of court without the need for litigation, so in most cases the answer is no.  There are a small percentage of cases where there is a non-offer or unfair offer made.  

When necessary, our Firm litigates cases on behalf of consumers and we are always willing to take valid claims to court. 

With that being said, if a claim is not resolved out-of-court because the maximum offer made is insufficient, you are under no obligation to proceed to court if you do not wish to (although most of the 5% of our clients who are not satisfied with an out-of-court proposal do decide to litigate and most of those cases are resolved successfully by us for higher compensation to them, and for the few cases that go all the way to arbitration or trial we have a much higher winning percentage than the vast majority of Lemon Law attorneys). 

However, if you do not wish to litigate, as long as our out-of-court process has been completed from start to finish, you have the option to end the representation out-of-court without owing any attorneys' fees.

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

If you decide to pursue litigation in court and prevail, an attorneys' fee petition is filed with the court on your behalf for payment of attorneys’ fees. If the full attorneys' fees are not awarded by the judge, the outstanding fees are paid from the total recovery. 

If you comply with the representation agreement, but unfortunately do not win the case, then no attorneys’ fees will be owed in the vast majority of cases, so long as you comply with the terms of your representation agreement. 

The are a few limited and rare circumstances where a client would need to be charged attorneys’ fees for litigation representation (see the next FAQ below). Please call us for details.

Isn't it expensive for a consumer to retain a Lemon Law attorney?

Not if our Firm is retained.  Our out of court legal services (95% of our cases are resolved out of court) are provided to consumers under State and federal laws that require vehicle manufacturers to pay for the consumer’s attorney upon the successful resolution of a claim.  

That's why as long as our Lemonaid process is completed from start-to-finish, we don't EVER charge our clients out-of-pocket for pre-litigation out of court representation with our FAIR FEE GUARANTEE and rarely ever charge out-of-pocket for the 5% of cases that end up in litigation/court.  

The only exceptions are outlier litigation cases where there is a major legal or factual problem with the case and/or the consumer is not willing to settle for anything other than the full maximum result under the law. If a client is not willing to compromise at all, then the financial risk of litigating in court must be shared with us. 

Out of 100s of cases per year we only have a handful or less (about 1-3 a year) where a client is charged for that type of court representation, and even in those cases, attorneys' fees can be recovered for the consumer if the case is settled or won.

What other costs are there in litigation?

Most cases (95%+) are resolved out of court without any need for court filing 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 prosecuting your case depending on how far it goes, like deposition transcripts and/or expert fees. 

It is our goal to resolve your case as quickly as possible and to limit costs only incurring litigation expenses if they are absolutely necessary to prosecute your claim.

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

Even if you file a lawsuit, going to trial is very rare. Often times, there are many opportunities to settle a case before filing a formal complaint in court and even after a complaint is filed, there are additional opportunities to obtain compensation through settlement before going to trial. 

Ultimately, if the matter is not resolved because the sides are too far apart on settlement, it may have to be decided at trial. We have a winning record at trial and will do our utmost to prepare you for such an eventuality if it is at all necessary.

Who are the major manufacturers?

General Motors (Chevy, GMC, Cadillac), Ford, Lincoln, Nissan, Fiat Chrysler America (Chrysler, Jeep, Dodge, Alfa Romeo, Fiat), Toyota, Mercedes, BMW, Subaru, Mazda, Volkswagen, Kia, Hyundai, Mitsubishi, Suzuki, Honda, Lexus, Acura, Infiniti, Tesla, Audi, Lamborghini, Ferrari, Porsche, Harley-Davidson, Four Winds, Monaco, Winnebago, Fleetwood, Coachmen, Forest River, Keystone, Heartland, Tiffin, Cruiser (this list is not exhaustive).

What are some of the major defects and conditions in "Lemon" vehicles?

Engine, transmission, suspension, non-starting condition, tires, brakes, electrical system, air conditioning, ignition, vibration condition, steering, pulling condition, dying condition, battery, sensors, computer modules, navigation system, electrical system, software, entertainment system, doors, liftgate, windows, cruise control, radio, interior trim components, exterior trim components (this list is not exhaustive).  

*The above FAQs and answers are for informational/educational purposes and are not legal advice. Please contact Amar Law Group for additional pertinent information and details about your rights.