Electric cars are becoming increasingly popular, and for good reason. They’re better for the environment, and they’re often cheaper to operate and maintain than traditional gasoline-powered cars. It’s even estimated that by the year 2035, nearly 50% of all new car sales will be for electric vehicles.

Yet, as with any mass-produced vehicle, there are bound to be a few defects in the bunch. This is why lemon laws exist.

Lemon laws (also known as the Magnuson-Moss Warranty Act) protect consumers who have purchased defective vehicles. If your electric car is found to be a lemon, you could be entitled to a buyback (refund) or replacement from the manufacturer.

However, electric vehicle manufacturers, like Tesla, are notorious for pushing back on lemon law claims. So, it’s important to know your rights and how to fight back if you find yourself in this situation.

If you think your electric car is a lemon, here are a few things you can do:

Research Your State’s Lemon Law

In general, to qualify as a lemon, your electric car must have a defect that substantially affects the functionality, value, or safety.

That being said, each state has its own lemon law, which means the requirements for what qualifies as a lemon varies from state to state. If you are unfamiliar with your state’s electric car lemon law, the manufacturer may try to take advantage of you.

For instance, some states allow the manufacturer a set number of repair attempts before the car is considered a lemon. Others, like California’s lemon law, do not specify the number of repair attempts needed. They simply require a “reasonable number of repair attempts” before a lemon claim is warranted – creating a gray area.

Electric car manufacturers can use these technicalities to their advantage to try to stall or deny your claim. This is why it’s important to understand your state’s lemon law before taking further action.

With a good lemon law attorney, you may be able to seek compensation after as little as one unsuccessful repair attempt. A skilled lawyer in your state can help advise you of your rights and what to expect.

Read Over Your Purchase Agreement

You will likely be given a purchase agreement when you purchase an electric car. This legally binding document will outline the terms of your vehicle transaction. Be sure to read over this agreement carefully, as it may include an electric car lemon law clause.

For example, Tesla has an arbitration clause in their purchase agreements. This clause requires customers to take any disputes that aren’t resolved in 60 days after purchase to arbitration – rather than filing a lemon law claim.

While arbitration can be a faster and cheaper way to resolve a dispute, it’s often not in the consumer’s best interest. This is because the final decision is up to the mediator (paid for by Tesla), not an unbiased judge or jury.

Tesla drivers can opt-out of the lemon clause within 30 days of signing their purchase agreement. A lemon law lawyer will help you with this process and ensure that you meet the proper deadlines.

Gather Documentation

If you decide to file a lemon law claim, you will need to provide evidence to support your case. This includes service records, repair invoices, communication with the manufacturer, and more.

You should also keep a detailed journal of the issues you’ve experienced with your car. This will help prove that your vehicle’s defect was not caused by a car accident. Be sure to include the location of the issue, when you first noticed it, and how many miles were on the odometer. If possible, take photos or videos of the problem.

This documentation will be essential in proving that your electric car is a lemon – and will be key evidence in your claim.

Choose A Good Lemon Law Attorney

While you are not required by law to have an attorney, it’s always a good idea to consult with one before taking legal action. A lemon law lawyer will be familiar with your state’s lemon law and will help you navigate the process.

They will also be able to handle all the paperwork and communicate with the manufacturer on your behalf. This will save you a lot of time, energy, and stress. So, if you think your electric car is a lemon, don’t hesitate to reach out to a lemon law attorney in your state. They will help protect your rights and get you the compensation you deserve.

The Best Part?

The manufacturer is required to pay for your lemon law lawyer as part of the refund. You won’t be charged a penny out-of-pocket to hire an attorney.

Wrap Up

If you suspect that your electric car is a lemon, it’s important to take quick action. The law imposes a short filing deadline based on when you first discovered the issue and your warranty period.

The manufacturer will be responsible for all costs associated with your lemon if the claim is successful. Don’t hesitate to reach out to a lemon law attorney in your state for help. Even if you don’t have a valid claim, they will guide you through the process and ensure that your rights are protected.

Author Bio: Brian K. Cline’s Lemon Law Legal Group provides premier legal services. Our California lemon law lawyers aggressively and ethically force vehicle manufacturers to buy back defective and dangerous vehicles. Our team includes experienced trial lawyers with over 40 years of combined trial experience.