Frequently Asked Questions

What if I bought a used car “As Is”?
Unfortunately, we cannot help you because we don’t handle claims for cars bought “As Is”.

What should I do if I have car problems?
If the defective part is covered under the manufacturer's warranty, make an appointment to have it repaired at an authorized dealership. If the problem continues, take it back promptly for another repair attempt. In Oregon, the manufacturer is entitled to three repair attempts or a total of 30 days at the dealer before you are entitled to a Lemon Law remedy.  In Washington the manufacturer is entitled to four attempts or thirty days at the dealer. Be sure to get a detailed documentation of each repair attempt by getting a receipt from the dealer and making sure that your complaint, their diagnosis and repair are clearly listed.

If the vehicle is still defective, contact our firm, by completing our free case evaluation, or by calling 877-HEY-LEMON. If we accept your case, we will attempt to quickly resolve your claim with the manufacturer, or we will promptly file suit to seek compensation under the Lemon Law or federal Breach of Warranty law. If your case settles or if you win in court, your attorney’s fees will be paid by the car manufacturer in addition to your recovery. You pay only the reasonable costs. If you lose, you owe us nothing for attorney’s fees. So, regardless of the outcome, you are never responsible for paying our attorney’s fees for any case involving vehicles used for personal or household purposes.

What is a "lemon" according to the law?
A lemon is a vehicle that contains a defect or nonconformity which substantially impairs the use, value, or safety of a new vehicle and is not repaired within a reasonable time. The court decides whether the vehicle is a lemon on a case by case basis and looks at all the facts in making its decision.

If my case does not meet the criteria of the "lemon law", do I still have a legal recourse?
You may still have a claim under a "Breach of Warranty" if your car was covered with the basic manufacturer’s warranty when the problem(s) began. The relief is usually a partial refund. Contact us for an assessment of your claim, or complete our free case evaluation.

What is covered by the motor vehicle Lemon Law?
The Oregon and Washington Lemon Laws protect new passenger motor vehicles, whether purchased or leased, which are primary used for personal or household purposes. They do not cover commercial vehicles.

When the dealer cannot fix my car problem, should I keep taking it back to them?
In general, the more repairs attempts, the stronger you case is. Four repairs for a defect may be a borderline case, but six repairs make the claim stronger. As inconvenient as it may be for you, the more visits to the dealer, the better. If the dealer tells you that there is no fix available at this time, be sure to get that in writing on your invoice and contact us immediately.

What if the dealer refuses or is unable to repair my vehicle?
Your manufacturer's warranty requires that the covered defects be repaired during the warranty period. If the dealer won't or can't repair your vehicle, contact us immediately.

What do I need to prove my case?
Copies Of:

1. Repair orders or invoices: These are the most important documents for your lemon law claim.  Make sure that all the information on these documents is legible, complete, and accurate.  All of your complaints should be written the way you originally told the dealer.  Make sure the following entries are all present and correct – “date in” and “date out,” “mileage in” and “mileage out,” and their diagnosis which should include everything they did to the car.

2. Purchase Contract

3. Finance Agreement or Title

4. Current Registration

Keep copies of all the routine maintenance such as oil changes, because during the course of your claim it may be necessary to show that you maintained the vehicle properly.

In addition, it would be helpful to keep a simple journal describing the history of your problems, with dates, events, conversations with mechanics, phone calls, etc. This may be very helpful in court a few months down the road when details may be forgotten.

What will it cost me?
Thanks to the legislature, the Lemon Law contains a "fee-shifting provision", which means that if you win or settle your case, the attorney’s fees "shift" to the manufacturer. This fee-shifting provision allows attorney’s fees even for smaller cash value cases. If you lose your case, we lose too and our attorney’s fees don’t get paid. You pay only the reasonable costs of litigation.

What are my chances of recovery?
If we accept your case, it is because we believe that you have a valid claim. We cannot promise an outcome at the onset, because cases that are not settled before litigation are ultimately decided by an arbitrator or judge. The Court will look at all the facts in your case, including your testimony. The value of your case may change during the course of our representation.

Can I handle my own case?
Yes, the court allows you to handle your own claim. However, the car manufacturer will certainly be represented by some of the best attorneys money can buy. While you may feel confident about presenting your history of car problems, your opponent will be a lemon law expert and will object to testimony that is not relevant to the statutes. It costs the manufacturer less to fight you than to buy back your vehicle. If you lose, you could have no further legal recourse in a binding arbitration.

Hiring an experienced attorney gives you the advantage of being represented by someone who routinely handles lemon law claims. It adds legitimacy to your case, and increases the chances of an early settlement and satisfying result.


What if I no longer have the defective vehicle?
With the subject matter of the lawsuit (the vehicle) gone, your case has no value.

What if I purchased a used vehicle?
If your vehicle was still covered under a manufacturer's basic or extended warranty and you made at least one repair visit before the warranty ended, you may be entitled to compensation for breach of warranty if you continued to experience the same problem(s) after the warranty expired. However, if you purchased your vehicle “as is,” our firm unfortunately cannot help you.  If you think you have a breach of warranty claim, contact us for a free case evaluation.

What if I had the vehicle repaired at a facility other than the dealership?
The manufacturer’s authorized dealership is the only place authorized by the manufacturer to work on the vehicle. Unsuccessful repairs done elsewhere cannot be blamed on the manufacturer. You do not have to return to the dealership that sold you the car.  If, for example, you purchased a GM product, you may go to any GM dealer for repairs.

My car is old or has a lot of miles on it. Is that a problem?
The more a vehicle has been used, the harder it is to prove a manufacturer's defect. Don't let time go by.  Contact our firm as soon as possible.

Will I have to go to court?
We try our best to settle your case quickly. If you don’t get an offer that you can accept, we proceed to a court-mandated arbitration. By far most cases settle before or right after arbitration. A trial is very unlikely.