Any defect which substantially impairs use, value or safety of the vehicle can be the subject of a lemon law lawsuit. The general remedy is a refund of purchase price, less a use offset, or a replacement vehicle. In some instances, the jury or judge can award a civil penalty of up to two times plaintiff's damages. Also, the prevailing plaintiff has his or her attorney's fees paid by the losing party. In general, the sale or leasing of cars without a proper disclosure of known defects or dangerous conditions with the vehicle constitutes auto fraud.
Automotive fraud is a very broad area.
There are lots of different types of fraud, and the defendants include insurance companies, car dealers, car manufacturers, extended warranty companies, service contract companies and car finance companies. My office has also handled fraud cases against boat manufacturers and boat dealers. Juries and judges alike do not take kindly to fraudulent concealments of serious defects with vehicles or other major consumer items. Such defects can also pose grave dangers to the vehicle owners, since the vehicles are now not as safe as designed by the manufacturer. About Robert F. Brennan, Esq.