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 state that if you acquire (and in various states, lease) a new or used vehicle or other car under warranty that is faulty, and the manufacturer can't restore it even with repeated tries (inside a designated time that varies from state to state), or if the motor vehicle is out of service for a set time period (generally 30 days) because of its shortcomings, you are entitled to a broad number of maltreats, inclusive of:

1. Money restitution
2. A payback of the original money paid
3. A brand new automobile
Also, virtually all of the Lemon Laws (and the Federal Warranty Law) have a fee changing mechanism which says that if you win your suit, the original producer or dealership which sold you the lemon is forced to pay your laywers' expenses.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Although the wording of each state's statute vary, the average state Lemon Law statute affords aid for buyers with a nonfunctional auto sold with a warranty if:

1. The dealer or original producer cannot reliably remedy a specific gremlin in the vehicle after a reasonable number of repair attempts (commonly at least three);
2. The car can't be driven for at least 30 days due to flaws in the car; or
3. The dealer or original producer cannot remedy a flaw that is a pressing safety risk.

More often than not, a defective automobile is a automobile with a defect or condition that substantially impares its use, value, or safety to the consumer and doesn't maintain the standard of the written warranty. In most instances, the period of time in which the Lemon Laws apply are rather short; the flaws and resulting repair efforts (or out-of-service time) often will occur during the first 2-years or 24,000 miles the owner has the motor vehicle. However, a number of states have even shorter periods. Furthermore, almost all states have notice and activation requirements, such as asking the consumer to give registered post notice to the manufacturer of the shortcomings and affording the dealer an option to repair the vehicle. Additionally, various states expect that Lemon Law lawsuits be solved through an arbitration procedure.

Generally, state Lemon Law regulation codes also are applicable to leased vehicles and preowned automobiles purchased while under the makers basic warranty. A number of state Lemon Laws also are applicable to cars other than passenger cars. depending upon the customer's home residence, or the state where the consumer purchased the motor vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Boats
-Other consumer goods (like televisions)
There are many effective solutions available under the Lemon Laws. In most instances, if the manufacturer just can't correct the vehicle, the consumer may either demand the manufacturer to replace the motor vehicle, or insist the manufacturer to take the motor vehicle and payback the original cost along with incidental damages, like all invoices, towing costs, repair costs, related travel charges and other costs incurred by the consumer as a result of the flaws in the motor vehicle. Another important solution possible under most Lemon Laws is litigation fees. In many states, if you win in a Lemon Law case, you do not have to pay any laywers' bills-the auto original producer that sold you your lemon is required to pay attorney's bills.

The defendant motor vehicle original maker can use several defenses to a Lemon Law claim. The common regulation provides that the original maker is not responsible if it can prove that the faults at issue happened due to harm, negligence, or the tampering or modification of a automobile by a party other than the original maker, an agent, or an authorized dealer. Put differently, if the consumer maltreats his or her own car, or the problems were the fault of modifications or alterations conducted by an unauthorized dealer, the original maker might not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that governs consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and marketers of consumer goods to provide consumers with comprehensive facts about warranty coverage claims. Also, it shapes both the rights of public consumers and the responsibilities of warrantors under original warranties.

Even though the Magnuson Moss Act does not require an car original equipment manufacturer to furnish customers with a warranty, if a warranty is offered, the Magnuson Moss Act extends a number of protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by permitting customers to recover litigation charges and fair attorneys' expenses.

The Magnuson Moss Act is typically helpful in a lemon situation in which, for some reason, a state Lemon Law claim is not possible or moreover disadvantageous. For example, unlike the rather short cycle offered to public consumers within many Lemon Laws, you could file a claim for breach of warranty after the warranty period has expired as long as the troubles came about during the warranty time period. Also, although some Lemon Laws limit their coverage to a small group of automobiles, the Magnuson Moss Act applies to near all consumer goods. The Magnuson Moss Act may also apply if you bought or leased a used car without a manufacturing business warranty, or if the car is covered by a service contract or other variant of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been ratified in all 50 US States. It is the main authority of law regulating product warranties, including cars and other items. The UCC provides another legal channel for consumers with lemon problems.

UCC code says that the buyer of a good is entitled to return merchandise that do not perform in any respect to the warranty. Fundamentally, if your recently purchased item does not work as bound by the manufacturer (your written warranty is a portion of your consumer warranty), you may have a claim citing the UCC in addition to any additional claims you may have.

The period for taking back a motor vehicle with the UCC is not unlimited. If you expose a problem in your vehicle within a sensible ownership time period, you may return the automobile. Unfortunately, brand new vehicles are often mechanically enigmatic and you may not notice whether your car conforms to the consumer agreement until after you acquire the car and defects start to arise. In essence, if Following this ownership time period you don't reject the car, you will be pronounced to have okayed it and might have no claim through the UCC.

The length of the inspection time period is not delineated in the statute. The Courts decide how long the sensible inspection period is based on the consumer's proficiency and personal experience, the consumer's difficulty in seeing the flaw, and the consumer's opportunity to identify the fault.

In spite of this limitation, the UCC states that in certain instances where a buyer is alleged to have approved of products (i.e. the sensible inspection time period has elapsed), a buyer may still negate his favorable reception of those products where the non-conformity often impares the value of the products to him. Those instances include situations where it was arduous to see the nonconformity or the buyer was promised that the non-conformity would be fixed. In other words, the local court will exempt the buyer from not having rejected the products where the buyer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a auto excessively gives out and you have to keep bringing it back to the dealer for repair under the warranty, the auto lemon law can be your next recourse. The failing ought to be substantive in which it intereferes with your driving the motor vehicle or your safety. A motor vehicle stalling for no reason would be a substantive failing. This is precisely the type of defect that could impair your driving and your safety. Under the car lemon law you are not expected to show why the vehicle is stalling, you merely have to establish that it is stalling. Put simply you need to check over the lemon law in these three examples: the vehicle keeps failing inside the warranty time period, the vehicle is a safety risk, the car dealership is unable to correct the vehicle when it is warranted.

If you own a motor vehicle which is a lemon you can immediately write to the original producer and ask for another equivalent motor vehicle. If this requirement is not satisfactory to the original producer, you could start into an arbitration process. A few makers use their own arbitration process. Other makers use outside arbitration program such as Autoline by the BBB. The proposal of the arbitrators is binding on the original producer but not on the buyer. If unsatisfied with the judgment, the buyer can take the original producer to court.

Virtually all laws provide that the buyer needs to be returned back to the fiscal status they were in before they purchased the car, less the sum that the buyer gained from by using the car. To get the refund amount a number of components 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 will qualify under regular lemon laws. For example, a pre-owned vehicle may fall under normal lemon laws if it is less than a year old and has got fewer than 12,000 miles on the odometer. States that do have a used vehicle lemon law might be extra generous with the age and measure of mileage. Still, the car has to be sold by a dealer that supplies a written warranty. Private party sales are not regulated, neither are vehicles sold under a declared original cost. There might be other restrictions to a used car lemon law such as the functions for which the car is utilized or the categorization of car. Vintage motor vehicles, are normally excluded from used car lemon laws. Used car lemon laws commonly cover a much shorter time period than brand new car laws. They frequently range from 30 to 90 days, depending on your used automobile's mileage.
When picking out an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that are applicable to your state. Also enquire about the pricing structure. Many lemon law attorneys call for a rather minor retainer to cover a lemon law claim, and afterward, the attorney's invoices are charged to the original equipment manufacturer. Essentially, lemon law claims are oftentimes very low-cost to purchasers. The reimbursement of attorney charges varies from state to state. About one-half of the states provide for you to recover your Lawyer invoices if you win. The lawyer's fee is based on actual time expended rather than being bound to any other percentage of the recuperation. In a select few States, you must pay the manufacturer's lawyer's invoices if you lose.

Consumers should register their concerns in writing and hold a copy. In all written communication, always make clear how difficult it is to take the auto to the dealer for repairs and that the dependability that the purchaser thought He was purchasing has been non-existent. Any written communication with a dealership or original equipment manufacturer ought to be sent using certified postal service. In most suits the makers claim that they have not had the requisite number of endeavors to correct the defect. They depend on the knowledge that the purchaser doesn't have repair orders for each occurance they have taken the car into the authorized repair facility. They also assume on the possibility that the repair orders have seperate parts repaired every occurance showing that they haven't fixed the same condition. Consumers should respond by expecting that sellers always present them a warranty repair sheet. Consumers must also indicate that these undocumented visits are efforts.

Make sure to be cognisant of your rights under the lemon laws. Upon purchase, immediately page through your owner's manual and warranty information thoroughly, along with the data with respect to lemon law rights that you ought to obtain when you acquire your vehicle. Don't bet on your dealer to identify what defects are covered by warranty. If your dealer states that a condition is not covered and you think that she is misleading you, be composed but surefooted. Don't be scared to go over the part of the warranty that applies, or to call the original equipment manufacturer for confirmation applying the contact information included with your owner's manual. You shouldn't be obliged pay for work related to lemon law complaints. It's also necessary to advise the original equipment manufacturer of a complaint right away. If you are suspicious that your car has a problem which just can't be repaired, check out your lemon law rights to see when you are able to submit 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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