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If there is no agreement or settlement, or if the manufacturer has no informal dispute resolution process, a consumer may sue the manufacturer of the vehicle in a state court to get a refund or a replacement vehicle. The consumer must hire a private attorney to represent him or her in a lawsuit, if he or she wants legal representation. If the consumer proves in court that his or her vehicle is a lemon, a judge may order the manufacturer to refund the full purchase price including sales tax, license and registration fees, less a reasonable allowance for use of the vehicle by the consumer. A consumer who wins may also be awarded reasonable attorney`s fees by the court.
In defense of a lemon law claim by a consumer, a manufacturer is allowed to argue that the problem does not substantially impair the use or market value of the vehicle or that the problem is a result of abuse, neglect, or unauthorized modifications of the vehicle by the consumer.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified lemon lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local lemon attorney to discuss your specific legal situation.