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Many new autos have significant problems. If the same problem occurs and significantly affects the safety, market value or use of the vehicle, the consumer may be entitled to either a new auto or the repurchase of the vehicle, including fees for legal representation under Alabama’s Lemon Law. There are certain rules and regulations that you must follow in order to file a Lemon Law claim in Alabama.
- In Alabama, the Lemon Law claim must be made within the first year or 12,000 miles, whichever occurs first.
- The manufacturer must have an opportunity to repair the vehicle three (3) times for the same issue, and one final time after notice is given.
- The notice must be sent via certified mail and contain all of the required information listed in the statute.
The Alabama lemon law claim should describe the auto, state the problem and describe all previous attempts to correct the problem by identifying the person, firm or corporation making such an attempt, and when the attempt was made. Finally, the customer must follow the manufacturer’s internal dispute resolution procedure. Before beginning this process, it would be advisable to consult a Birmingham lemon law lawyer in order to fully comply with the statute.
The Magnuson-Moss Warranty Act is a federal law that was enacted in 1975. It protects consumers against deceptive, unfair, or misleading warranty and disclaimer practices of manufacturers. This statute can be used if the vehicle is outside the lemon law period but still under the manufacturer’s warranty; however, the claimed damages are different than those provided by the Alabama Lemon Law.
Most Lemon Laws require that the manufacturer cover your legal fees associated with the case if you win. Typically, the manufacturer will offer a cash settlement or a repurchase of the vehicle. If they repurchase the vehicle, the repurchase will include: the total price of the vehicle which consists of any down payment, trade-in value, refund of interest on the monthly payments, and taxes less any rebates and usage (the usage is the mileage on the car at the time the problem was first reported divided by 100,000 and multiplied by the sales price).
If you have purchased a defective automobile in Alabama, please schedule a free initial consultation by calling the Birmingham personal injury law firm of Lewis & Feldman, LLC locally at 205-254-6060, toll-free at 888-295-7409 or complete our contact form. You can also email us at jon@LewisAndFeldman.com and dfeldman@LewisAndFeldman.com. Our Birmingham based law firm may provide legal representation to help you resolve your lemon law case. Although our law firm is based in Birmingham, AL we provide legal representation for lemon law cases throughout the state of Alabama.