You bought a “Lemon” vehicle and decided to seek legal help to get rid of it under the Arizona Lemon Law…Now what?
One of the first and most important questions you should ask a Lemon Law firm or attorney you are considering hiring is whether they litigate Lemon Law or breach of warranty claims in court if necessary.
Here’s why you should always ask that question…Common sense tells us that in order to obtain the best results through negotiation, we need both sticks and carrots to persuade the other side to make a fair deal. Unfortunately, some Lemon Law firms and attorneys only use carrots, not sticks.
This is what we mean by that: Many Lemon Law firms and attorneys only handle Lemon Law or breach of warranty claims out of court and are unwilling to sue the car, RV, boat or motorcycle company if there is an unfair offer made-or even worse, an outright rejection of the claim. The reason is simple: filing a lawsuit and litigating in court requires much more work and a bigger time investment including legal research, drafting, and factual investigation. It can also be stressful for the attorney due to having to battle about legal and factual issues with the manufacturer’s attorneys. Because of these issues, some attorneys simply will not litigate any Lemon Law or breach of warranty case.
If the Lemon Law or breach of warranty claim is rejected out of court or an unfair, low-ball offer is made to try and settle the case, the firm may pressure its clients to accept a bad deal or will just drop the matter entirely rather than go to court. Such attorneys tell their clients (usually for the first time) that their firm does not litigate and that they should seek out another attorney if they want to go to court for a better result. Of course, manufacturers know who these attorneys and firms are and use that information to their advantage. Without the threat of a lawsuit (the stick), the companies have little incentive to make a fair settlement offer no matter how strong the case is.
To ensure that you are provided the best possible out of court offer, you should verify that any law firm you hire to assist you in your Lemon Law or breach of warranty claim will not hesitate to file a lawsuit on a valid case if you are not happy with a pre-litigation settlement offer or non-offer, provided that you are reasonable and open-minded regarding your settlement options.
Keep in mind that litigation in these types of cases should be rare, especially when you’re represented by a law firm that negotiates with both sticks and carrots.
Think about a potential Lemon law firm or attorney like a trained boxer or martial artist. They usually have to fight less in the real world because of their reputation for being well trained and willing to fight if they have to.
Because Amar Law Group is willing to litigate legitimate cases that are unfairly rejected out of court or have unreasonably low settlement offers made, 95% of our firm’s cases settle without the need for a lawsuit. The manufacturers know they have a high likelihood of being sued if they are not fair to our clients. That generally leads the companies to make reasonable offers to our clients that comply with the law, which avoids a court battle and means the quickest, easiest, and most risk-free out of court results for you.
For more Arizona Lemon Law information and to find out about our Quick, Easy, and Free 3-Step out of court Lemon Law Resolution Process please visit arizonalemonlawadvocates.com or call Amar Law Group for a Free Case Evaluation at (480) 237-2744.
30 июл 2024
