Lemon Law & Auto Resources

As a law firm focusing in protecting our clients from their creditors, we know that a cost efficient approach to your case is appreciated.  As part of our services, we provide many free resources to help you see if you can resolve whatever legal issues you are facing without our assistance or to handle the small things prior to bringing us in for the tougher things where you need a full service firm to take over.  Please take your time to review all of the resources on our site.  You are welcome to give us a call to schedule free 15 minute phone consultation.

Lemon Law & Auto Issues Resources

We appreciate you coming to our website and considering our firm to assist you.  We encourage all potential clients to consider free resources prior to retaining us if your matter is simple and the amount in controversy makes sense.  If you have questions, give us a call to see how we can help.

The page you are on now is for Auto Resources.  Below is our big list or resource pages by area of law.  Continue down the page for the specific Auto Resources.

  1. General Referrals (Pro Bono, Low Bono, Referral Services, & Government Agencies)
  2. Bankruptcy Resources
  3. Consumer Protection Resources
  4. Credit Report Resources
  5. Debt Collection Resources
  6. Family Law Resources
  7. Foreclosure Defense Resources
  8. Identity Theft
  9. Landlord Tenant Resources
  10. Lemon Law
  11. Small Claims
  12. Student Loans

Disclaimer: No attorney client relationship is formed by use of any of the below links, forms, instructions, or third party sites.  These resources are provided free of charge for use on a pro se (without an attorney) basis.  We recommend that you consult with our firm or a firm or other agency of your choosing to fully understand your rights, the availability of counter claims, and other relevant issues.

 

Lemon Law & Auto Resources

Auto issues break down into 9 areas:

From a pro bono & resource perspective, Lemon Law for new vehicles is the only area that resources are available.  The Washington Attorney General’s website is set up to answer many of your questions.  Additionally, if you file a complaint, the AG’s office will send a letter to investigate.  In many instances, the letter will clear things up.

Washington Attorney General- Lemon Law Resources

 

Washington Law Help Information Site

 

I Bought a Car “As Is”

In general, you are likely out of luck.  Case law holds:

 ‘{U}nless the circumstances indicate otherwise, all implied warranties are excluded by expressions like ‘as is’, ‘with all faults’ or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and make plain that there is no implied warranty{.}’ RCW 62A.2-316(3)(a).

Thomas v. Ruddell Lease-Sales, Inc., 43 Wn. App. 208, 214, 716 P.2d 911 (1986).

There can be issues over whether specific items were negotiated and whether defects were known or unknown but most likely, absent some severe fraud on the part of the dealer, it will be challenging to recover on the basis of a warranty.  It might be possible to recovery under the deceptive practice prong of the WA Consumer Protection Act but it is a tough standard to meet.

 

Evidence Issues in a Repair Fraud Case

There are several factors that can make a repair fraud case easy or challenging.  Each case is different but here is a non-exhaustive list that we look at:

  1. What type of repair issue is it?  Incorrect install, incorrect part, falsification of part used, improper quote or repair without authorization?  Incorrect parts, lack of authorization, and falsifications are the easiest to prove.  Proving the shop poked some holes and caused some issues to rack up additional repair fees are much harder.
  2. Will an expert witness be necessary?  If yes, the cost of the expert could exceed the cost of repair.
  3. Can you produce evidence to prove the fraud?  If you have receipt, original part, lack of a quote it is usually easy to produce.  If you are trying to prove the repair shop loosened a bolt, it may be much harder.
  4. Have you suffered additional damage?  Lack of being able to get to work, a crash, failure of your engine?  The more damages resulting from the repair issue the stronger your case is.
  5. Has there been significant time between the repair and when you noticed the issue?  Defense attorneys will say you created your own error and let time do the damage.

 

I Did Not Get Notice (of auction, of tow, of location of impound)

In general, you are owed notice.  If notice is not sent, it may be violative of law and may result in damages.  However, you are held to the standard of maintaining a current address with the Department of Licensing.  If notice was sent to an older address that is still on file with the DMV, you will be deemed to have received proper notice.

For auction cases, additionally, you have to show that the outcome would have been different had you received the notice.  Would you have bought the car back and would you have had the funds to do so?  If not, then you may fail the harm the harm element of these type of cases.