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.

Generally, the Lemon Laws state that if you purchase (and in various states, lease) a new or used car or other vehicle under warranty that is faulty, and the manufacturing business just can not restore it in spite of repeated attempts (inside a defined time that differs from state to state), or if the automobile is in the shop for a set time period (typically 30 days) because of its defects, you are eligible to a broad range of maltreats, inclusive of:

1. Money restitution
2. A refund of the original money paid
3. A brand new car
Additionally, just about all the Lemon Laws (and the Federal Warranty Law) feature a fee transferring element that says that if you win your case, the original maker or car dealership that sold you your lemon is expected to pay for attorneys' invoices.


Lemon Law Regulations
State-specific Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the protections of each state's statute are distinct, the general state Lemon Law statute provides remedy to a consumer with a malfunctioning motor vehicle covered by a warranty if:

1. The dealer or original maker just can not reliably remedy a particular fault in the product after a sensible number of repair attempts (generally at least three);
2. The car can't be used for at least 30 days due to faults in the motor vehicle; or
3. The car dealership or original maker just can not correct a problem that is a considerable safety risk.

Typically, a faulty motor vehicle is a motor vehicle with a defect or condition that often impares its use, marketability, or safety to the consumer and does not maintain the standard of the warranty. Frequently, the period of time during which the Lemon Laws are applicable are relatively short; the flaws and consequential repair efforts (or out-of-service period) generally will occur during the first 2-years or 24,000 miles in which the purchaser owns the car. However, a number of states have even shorter time periods. Moreover, almost all states have notification and initiation requirements, such as wanting the consumer to send off registered post notice to the original maker of the flaws and establishing the dealership a period to remedy the automobile. Also, numbers of states demand that Lemon Law cases be resolved through an arbitration procedure.

Generally, state Lemon Law regulations also are applicable to leased automobiles and used vehicles bought while under the makers original warranty. A number of state Lemon Laws also apply to vehicles other than passenger vehicles. depending upon the consumer's state of residence, or the state in which the consumer purchased the automobile, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer products (like computers)
There are many significant remedies available under the Lemon Laws. American Statesently, if the original producer cannot fix the automobile, the consumer can either demand the original producer to replace the automobile, or demand the original producer to take back the automobile and repay the purchase price along with incidental damages, such as all invoices, towing charges, repair charges, associated transportation costs and other charges incurred by the consumer as a consequence of the faults in the automobile. Another important resolution available under most Lemon Laws is litigation fees. In most states, if you win in a Lemon Law suit, you won't have to pay any legal expenses-the motor vehicle original producer that sold you your lemon is required to pay all of your attorney's invoices.

The defendant automobile original maker can implement many defenses to a Lemon Law claim. The standard statute extends that the manufacturer is not liable if it can verify that the defects at issue were caused by exploitation, forget about, or the alteration or tampering of a car by anybody other than the maker, its agent, or its authorized dealer. In other words, if the consumer damages his or her own car, or the flaws were caused by tampering or adjustments conducted by a third party, the maker may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer merchandise warranties. Signed by Congress in 1975, the Magnuson Moss Act requires makers and dealers of consumer products to provide customers detailed information about warranty coverage benefits. Also, it regulates both the rights of customers and the responsibilities of warrantors under manufacturer warranties.

Even though the Magnuson Moss Act doesn't demand an motor vehicle original equipment manufacturer to provide purchasers with a warranty, if a warranty is supplied, the Magnuson Moss Act affords several protections for the consumer. The Magnuson Moss Act makes it easier for consumers to sue for breach of warranty by making breach of warranty a violation of federal law, and by permitting purchasers to recuperate legal costs and fair attorneys' charges.

The Magnuson Moss Act is often helpful in a lemon case in which, for some reason, a state Lemon Law claim is unavailable or furthermore unfit. For example, divaricate from the relatively short time offered to customers with most Lemon Laws, you may record a claim for breach of warranty after the warranty period has expired if the troubles came about during the warranty time period. In addition, although some Lemon Laws limit their coverage to a small number of cars, the Magnuson Moss Act applies to virtually all consumer items. The Magnuson Moss Act could also apply if you purchased or leased a preowned automobile without a manufacturer's warranty, or if the automobile is covered by a third party service contract or other type of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the foundational agent of law governing contracts dealing with the sale of products, including automobiles and other items. The UCC affords a legal channel for customers with lemon problems.

UCC code says that the buyer of a product is entitled to return goods that fail in any way to the agreement. Fundamentally, if your recently purchased product does not work as warranted by the original producer (your manufacturer warranty is a portion of your consumer warranty), you can have a claim citing the UCC in addition to any additional claims you may have.

The period of time for returning a vehicle with the UCC is not unlimited. If you notice a deficiency in your car inside a reasonable review period, you can reject the automobile. Unfortunately, new motor vehicles can be typically mechanically complex and you might not notice if your automobile conforms to the agreement till long after you acquire the automobile and problems start to arise. Fundamentally, if Long after this review period you do not return the automobile, you will be deemed to have okayed it and might have no claim through the UCC.

The duration of the inspection period is not defined in the statute. The Courts decide how long the sensible inspection period is based on the consumer's expertise and experience, the consumer's difficulty in happening upon the defect, and the consumer's opportunity to discover the problem.

In spite of this restriction, the UCC says that in certain instances where a purchaser is said to have approved of products (i.e. the sensible inspection period has expired), a purchaser can still rescind his acceptation of those goods where the non-conformity largely impares the value of the goods to him. Those cases include situations in which it proves toilsome to reveal the nonconformity or the purchaser was guaranteed that the non-conformity would be repaired. In different words, the local court will pardon the purchaser from not having rejected the goods where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a car excessively fails and you have to keep taking it back to the dealer for repair under the written warranty, the motor vehicle lemon law can be your next course of action. The fault ought to be significant where it hampers your driving the product or your safety. A product stalling constantly is a significant fault. This is precisely the type of problem that may impair your driving and your safety. Under the auto lemon law you are not required to prove why the vehicle is stalling, you merely have to demonstrate that it is stalling. In essence you need to check into the lemon law in these three cases: the vehicle keeps breaking down within the warranty time period, the vehicle is a safety risk, the car dealership is not able to rebuild the vehicle when it is warranted.

If you have a product which is a lemon you can immediately write to the original maker and ask for another equivalent product. If this request is not acceptable to the original maker, you can start into an arbitration process. A few manufacturers incorporate their own arbitration process. Other manufacturers use third party arbitration program such as Autoline by the BBB. The proposal of the arbitrators is binding on the original maker but not on the owner. If unsatisfied with the proposition, the owner can take the original maker to court.

Virtually all ordinances state that the consumer ought to be restored back to the financial status they were in prior to purchasing the vehicle, less the measure that the consumer gained from by using the vehicle. To get the repayment total many elements are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some almost new used motor vehicles might qualify under regular lemon laws. For example, a pre-owned vehicle might fall under normal lemon laws if it is less than a year old and has fewer than 12,000 miles on the odometer. States which do have a used car lemon law might be extra cooperative with the age and measure of mileage. Still, the car needs to be sold by a dealer that offers a warranty. Private party sales aren't governed, nor are vehicles sold under a certain price paid. There could be other restrictions to a used car lemon law such as the purposes for which the vehicle is pre-owned or the categorisation of vehicle. Older motor vehicles, are usually excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter time period than brand new car regulations. They oftentimes range from 30 to 90 days, depending on your used vehicle's mileage.
When choosing an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that cover to your state. Also enquire about the pricing structure. Many lemon law attorneys require a rather humble retainer to manage a lemon law claim, and afterward, the attorney's invoices are sent to the original producer. Essentially, lemon law claims are generally very low-cost to purchasers. The reimbursement of lawyer fees differs from state to state. About one-half of the states let you to recuperate your Lawyer charges if you win. The attorney's fee is based upon actual time logged rather than being bound to any percentage of the recovery. In a select few States, you have to pay the manufacturing business* attorney's invoices if you lose.

Consumers should put their charges in writing and hold a copy. In every written communication, always describe how problematic it is to return the auto to the car dealership for work and that the dependability that the buyer thought He was getting has been non-existent. Any written communication with a car dealership or original producer needs to be sent using certified mail service. In virtually all instances the manufacturers claim that they haven't had the essential number of attempts to repair the condition. They depend on the knowledge that the buyer doesn't file repair tickets for each occurance they have taken the auto into the authorized dealership. They also rely on the possibility that the repair tickets have different items repaired every instance proving that they haven't fixed the same problem. Consumers ought to respond by asking that sellers always send them a warranty repair ticket. Consumers should also debate that these unrecorded visits are efforts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately read your owner's manual and warranty principles entirely, and the data on lemon law rights which you should get when you acquire your vehicle. Don't count on your car dealership to describe which troubles are covered by warranty. If your car dealership states that a problem isn't covered and you think that he is decieving you, be civil but assertive. Don't be scared to go over the part of the warranty that is relevant, or to call the original producer for verification utilizing the contact data included with your owner's manual. You should not have to pay for work associated to lemon law complaints. It's also important to advise the original producer of a complaint as soon as possible. If you are suspicious that your vehicle has a condition that can't be fixed, look into 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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