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Car trouble © Getty Images

The Basics

So, you bought a lemon

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"If you suspect you have a lemon, you absolutely must keep records of what you think makes it a lemon," says Jack Gillis, an author of car-buyers guides and a spokesman for the Consumer Federation of America.

A lemon problem could be resolved in 30 to 90 days in ideal circumstances with the manufacturer refunding the cost of the vehicle or giving the consumer a new car. But documenting the problems, going through repeated repairs and then engaging in negotiations or haggling through a lawyer could end up taking a year or more.

Do you need a lawyer?

You can try talking to the dealer and the manufacturer directly without a lawyer, go to small-claims court on your own or seek help from organizations such as the Better Business Bureau, consumer experts say.

Others warn that an inexperienced consumer is not a good match against a big corporation or their seasoned lawyers.

"Once you personally determine you have a lemon, it's probably a good idea to get a lawyer," said Gillis, the consumer advocate.

"If you want a refund of your money, the manufacturer is not going to write you a check with just a phone call," advises Virginia lawyer Steve Swann, who specializes in lemon cases.

Dana Copeland, a homemaker from Winchester, Va., knows firsthand about lemon laws and lawyers. She began having car problems the day after she brought her new black Dodge Durango home from a dealership. It wouldn't start and was in the shop for more than 30 days.

A year later, her lawyer reached a settlement with the manufacturer two weeks before a scheduled trial. She received a 100% refund plus legal fees. The car cost her $35,000. The settlement check was $48,000, including legal fees and interest on car payments she had made.

"I am not sure people would go through what we went through. Rounding up the paperwork. . . . It was a hassle. Every time I got in the car I thought I would get stuck," said Copeland, pregnant with her third child at the time.

If you decide to hire a lawyer

Rosemary Shahan, the president of Consumers for Auto Reliability and Safety in Sacramento, Calif., says consumers do not necessarily need a lawyer if they have lemons.

"It's good to get it resolved without a lawyer," Shahan said. "You should never need a lawyer to get a buyback on a lemon.

If a consumer decides legal help is necessary, there are lawyers in every state who know the ins and outs of lemon laws and how to deal with manufacturers. Search for "lemon lawyers" online and include your state's name.

Be sure to check out any lawyer you want to hire. Ask for references, get a full explanation of what services will be provided, and find out about legal fees or what percentage of any award would go for the legal work.

Lemon laws in 33 states require that manufacturers pay legal fees in successful cases. And lawyers are unlikely to take your case if they don't think it's winnable.

Fifteen states require arbitration, usually handled by the state attorney general's office, before going to court. Be forewarned: If you get a settlement that you don't like, you can't appeal. Other states may require a stop before a manufacturer-run (but independent) arbitration panel; its decisions typically are not binding.

Continued: Reselling lemons

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