Alabama Lemon Law Firms:
This is a list of law firms that are registered as specializing in Alabama lemon law cases.

Alabama Code § 8-20A-1 through § 8-20A-6

Section 8-20A-1

Definitions

As used in this chapter, the following terms shall have the respective meanings as indicated:

(1) Consumer.

The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(2) Motor vehicle.

Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.

(3) Manufacturer.

The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

(4) Motor vehicle dealer or Authorized dealer.

The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

(5) Express warranty.

A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(6) Nonconforming condition.

Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

(7) Notice of a nonconforming condition.

A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

(8) Lemon law rights period.

The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Section 8-20A-2

Obligations of manufacturer

(a) If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

(b) If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:

(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

(c) It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:

(1) The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

(2) The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Section 8-20A-3

Cause of action against manufacturer

(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that: (i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.

Section 8-20A-4

Resale of returned motor vehicle

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:

THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.

Section 8-20A-5

No dealership liability

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Section 8-20A-6

Statute of limitations

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

Essentially, the Lemon Laws stipulate that if you purchase (and in some states, lease) a new or used car or other car under warranty that is defective, and the original equipment manufacturer just can't repair it even with recurrent efforts (within a defined time that varies from state to state), or if the product is out of service for a designated time (usually 30 days) due to its flaws, you are qualified to a wide number of breaks, including:

1. Money restitution
2. A return of the cost
3. A brand new automobile
In addition, almost all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee changing component which says that if you win your case, the manufacturer or dealer that sold you your lemon is obliged to compensate you for attorneys' fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the protections of each state's statute vary, the standard state Lemon Law statute extends remedy for consumers with a nonfunctional vehicle purchased with a warranty if:

1. The dealer or manufacturing business cannot properly repair a specific gremlin in the automobile after a fair number of repair tries (commonly at least 3);
2. The vehicle can't be driven for at least 30 days due to flaws in the car; or
3. The dealership or manufacturing business cannot correct a problem that is a vital safety risk.

Usually, a defective motor vehicle is a motor vehicle with a problem or condition that considerably cripples its usability, value, or safety to the consumer and doesn't comply with the warranty. In most instances, the time period during which the Lemon Laws apply are relatively short; the shortcomings and resultant repair attempts (or out-of-service time) occasionally will take place during the first 2-years or 24,000 miles of consumer ownership of the automobile. However, a number of states have even shorter time periods. Moreover, virtually all states have notice and initiation requirements, such as wanting the consumer to send out registered mail notice to the original producer of the troubles and giving the dealer a period to repair the car. Furthermore, most states necessitate that Lemon Law lawsuits be adjudicated through an arbitration program.

Generally, state Lemon Law regulation codes also apply to leased automobiles and used vehicles purchased whilst under the producers written warranty. A number of state Lemon Laws also apply to automobiles other than passenger automobiles. based on the purchaser's home residence, or the state where the consumer purchased the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer products (such as televisions)
There are a number of effective solutions possible under the Lemon Laws. In most instances, if the original producer can't correct the automobile, the consumer may either expect the original producer to replace the car, or force the original producer to take back the vehicle and repay the original price paid along with accompanying costs, such as all invoices, towing charges, repair charges, associated travel costs and other damages incurred by the consumer as a result of the flaws in the vehicle. Another important remedy available under most Lemon Laws is attorneys' expenses. In many states, if you win in a Lemon Law suit, you will not have to pay any attorneys' bills-the auto manufacturer that sold you your lemon is expected to pay for your attorneys' fees.

The defendant auto original equipment manufacturer can assert assorted defenses to a Lemon Law claim. The conventional statute provides that the maker is not guilty if it can verify that the troubles in dispute came about because of abuse, neglect, or the tampering or modification of a motor vehicle by persons other than the original equipment manufacturer, its agent, or an authorized dealer. Restated, if the consumer damages his or her own motor vehicle, or the defects were a consequence of modifications or adjustments performed by an unauthorized dealer, the original equipment manufacturer could not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer product warranties. Passed by Congress in 1975, the Magnuson Moss Act requires manufacturers and marketers of consumer goods to provide consumers explanatory data about warranty coverage benefits. Also, it sets both the rights of public consumers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't call for an auto original maker to provide buyers with a warranty, if a warranty is furnished, the Magnuson Moss Act offers several protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for breach of warranty by making breach of warranty noncompliance of federal law, and by allowing for consumers to recoup litigation charges and fair attorneys' fees.

The Magnuson Moss Act is often effective in a lemon lawsuit where, for some reason, a state Lemon Law claim is not possible or furthermore unsuited. For example, contrary to the generally short time provided to public consumers inside virtually all Lemon Laws, you could bring a claim for breach of warranty after the warranty period has passed if the problems happened during the warranty time period. Also, although many Lemon Laws restrict their coverage to a narrow list of vehicles, the Magnuson Moss Act applies to near all consumer products. The Magnuson Moss Act could also apply if you bought or leased a expended motor vehicle without a manufacturing business warranty, or if the motor vehicle is covered by a third party service contract or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 U.S. states. It is the principal basis of law regulating warranties on consumer goods, including vehicles and other items. The UCC affords an alternative legal course for consumers with lemon problems.

UCC code says that the purchaser of a product is entitled to return product which break in any sense to the consumer agreement. Thus, if your new motor vehicle doesn't function as established by the original maker (your written warranty is part of your warranty), you may file a claim referencing the UCC in addition to whatever other claims you might have.

The period for returning a automobile with the UCC is not unlimited. If you find a fault in your vehicle within a reasonable ownership period, you may reject the automobile. Unfortunately, brand new vehicles are often mechanically complicated and you might not understand if your car conforms to the agreement until after you purchase the car and troubles begin to arise. Basically, if Long after this ownership period you do not refuse the car, you will be stated to have o.K.ed it and might have no claim through the UCC.

The duration of the review time period is not specified in the statute. Local courts determine how long the fair review period is based on the consumer's expertise and experience, the consumer's trouble in finding the failing, and the consumer's opportunity to see the deficiency.

In spite of this limit, the UCC stipulates that in certain cases where a buyer is alleged to have approved of products (i.e. the fair review time period has elapsed), a buyer may still negate his favorable reception of those goods where the non-conformity often degrades the value of the goods to him. Those cases include lawsuits in which it proves arduous to see the nonconformity or the buyer was assured that the non-conformity would be remedied. Put differently, the court will pardon the buyer from not rejecting the goods where the buyer could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a motor vehicle excessively gives out and you have to keep taking it back to the dealer for repair under the written warranty, the automobile lemon law may be your next recourse. The flaw should be substantial where it impedes your driving the car or your safety. A car stalling for no reason is a substantial flaw. This is exactly the type of problem that may hamper your driving and your safety. Under the car lemon law you are not obligated to show why the auto is stalling, you just have to show that it is stalling. Essentially you need to check out the lemon law in these 3 cases: the auto keeps breaking down inside the warranty time period, the auto is a safety hazard, the dealership is unable to rebuild the auto when it is guaranteed.

If you own a car which is a lemon you can directly write to the original equipment manufacturer and ask for a replacement car. If this requirement is not satisfactory to the original equipment manufacturer, you may start into an arbitration arrangement. A few manufacturers have their own arbitration process. Other manufacturers use external arbitration program such as Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the original equipment manufacturer but not on the consumer. If unsatisfied with the proposal, the consumer can take the original equipment manufacturer to court.

Virtually all laws state that the consumer should be restored back to the fiscal situation they were in prior to purchasing the vehicle, less the sum that the consumer profited from by using the vehicle. To get the payback amount various elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned motor vehicles might qualify under normal lemon laws. For example, a pre-owned auto might fall under normal lemon laws if it is less than one year old and has got less than 12,000 miles on the odometer. States that do have a pre-owned car lemon law may be additionally generous with the age and amount of mileage. Still, the car must be sold by a dealership that offers a written warranty. Personal sales aren't involved, neither are cars sold under a specific original price paid. There might be other restrictions to a used car lemon law such as the proposes for which the vehicle is pre-owned or the categorization of vehicle. Vintage vehicles, are commonly excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter period of time than new car ordinances. They frequently range from 30 to 90 days, depending on your pre-owned car's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that apply to your state. Also enquire about the pricing structure. Many lemon law attorneys require a relatively minor retainer to handle a lemon law claim, and thenceforth, the lawyer's invoices are charged to the manufacturing business. In essence, lemon law claims are typically very inexpensive to purchasers. The reimbursement of lawyer bills differs from state to state. About half of the states permit you to recover your Attorney invoices if you win. The lawyer's fee is based on actual time expended instead of being connected to any other share of the recovery. In a select few States, you will pay the manufacturer's attorney's invoices if you lose.

Consumers should record their complaints in writing and save a copy. In any written correspondence, always explain how problematic it is to bring the motor vehicle to the dealer for repairs and that the reliability that the owner thought He was receiving has been non-existent. Any written correspondence with a dealer or manufacturing business should be sent using certified mail. In almost all lawsuits the manufacturers claim that they haven't had the requisite number of tries to repair the problem. They depend on the reality that the owner does not file repair sheets for each time they have taken the motor vehicle into the authorized repair facility. They also assume on the fact that the repair sheets have different parts fixed each time demonstrating that they have not fixed the same problem. Consumers ought to reply by demanding that sellers always grant them a warranty repair ticket. Consumers should also argue that these unrecorded visits are efforts.

Make sure to be aware of your lemon law rights. Upon purchase, immediately review your owner's book and warranty information completely, and the facts concerning lemon law rights which you ought to obtain when you buy your motor vehicle. Don't count on your dealer to explain which problems are covered by warranty. If your dealer states that a problem is not covered and you think that he or she is being deceptive, be genteel but self-asserting. Don't be afraid to bring out the segment of the warranty that is relevant, or to call the manufacturing business for confirmation utilizing the contact data included within your owner's book. You should not be obligated pay for corrections connected to lemon law complaints. It's also necessary to advise the manufacturing business of a complaint right away. If you suspect that your car has a defect which just can not be fixed, check out your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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