Lemon Law

6 Costly Mistakes People Make When Filing a Lemon Law Claim


Lemon law exists to protect you. But the way you handle the situation from the moment problems start can make or break your case. Even consumers with legitimate claims sometimes undermine them without realizing it.

Here are six of the most common — and costly — mistakes to avoid.

Mistake 1: Not Keeping Repair Records

This is the single most damaging mistake. Lemon law claims are built on documentation. Every time you bring your vehicle in for service, you should walk out with a written repair order that includes:

  • The date of service
  • The complaint you reported
  • What the technician found
  • What was done (or not done) to address it

If you have been leaving without paper copies — or assuming the dealer’s computer system has everything covered — go back now and request copies of all prior service records. Reconstruct your paper trail as completely as possible.

Verbal assurances from a service manager do not count. Written records do.

Mistake 2: Waiting Too Long to Seek Legal Help

Lemon law claims have deadlines. Most states have statutes of limitations — meaning there is a window of time in which you must act. That window varies by state, but it is finite.

Many consumers spend months going back to the dealer in good faith, hoping the problem will eventually be fixed. That patience is understandable — but time passes, warranties expire, and legal deadlines approach. The sooner you consult a lemon law attorney, the more options you have.

Mistake 3: Trading In or Selling the Vehicle Before Pursuing a Claim

Once you trade in or sell the vehicle, your lemon law claim is almost certainly gone. The defective car is the evidence. Some consumers get frustrated, cut their losses, and sell the vehicle — not realizing they may have been entitled to significant relief.

If your vehicle has been a persistent problem and you are considering selling it, talk to a lemon law attorney first. The call is free and could save you from walking away from a claim worth thousands of dollars.

Mistake 4: Letting the Dealer Handle Everything Without Documentation

Dealers and manufacturers are not your advocates in a lemon law dispute — they represent their own interests. When the dealer tells you “we couldn’t duplicate the problem” or “the repair is complete,” that is not the same as your problem being resolved.

  • Always request a written repair order, even if no work was performed.
  • If the dealer says they couldn’t find a problem, that “no problem found” notation on a repair order can actually support your claim over time — it documents that you reported the issue.
  • Do not rely on verbal promises.

Mistake 5: Assuming Only New Cars Qualify

New vehicles are the most common lemon law cases, but used cars may qualify in certain circumstances — particularly if they are still under the original manufacturer’s warranty or a certified pre-owned warranty at the time the defect appears.

If you purchased a used vehicle that has been in and out of the shop for a recurring defect and it was still under warranty when the problems started, do not assume you have no options. Speak with an attorney before writing off your claim.

Mistake 6: Trying to Handle It Alone

Manufacturers deal with lemon law claims regularly. They have legal teams and established processes. Going up against them without experienced representation puts you at a disadvantage from the start.

An attorney who handles lemon law cases knows the law, knows the process, and knows what a fair resolution looks like. In most cases, the manufacturer pays attorney fees if your claim succeeds — so there is genuinely no downside to having professional representation.

The Takeaway

The biggest mistake of all is assuming your situation is too complicated, too minor, or too far gone to pursue. A conversation with a consumer law attorney costs you nothing and could tell you exactly where you stand.

Get a free case evaluation with Ginsburg Law Group. We handle lemon law cases in PA, CA, TN, MD, FL, TX, AZ, WY, and NJ. Call 855-978-6564 or visit  www.ginsburglawgroup.com .

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