By: Earl Powers
The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers’ money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida’s automobile 'Lemon Law,' or popularly known as lemon law Florida.
Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.
Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.
Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.
Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.
วันอังคารที่ 24 กรกฎาคม พ.ศ. 2550
The New Bankruptcy Law -- How Will It Affect Debt Negotiation?
In April 2005, Congress made sweeping changes in U.S. bankruptcy law that will go into effect on October 17, 2005. It's called the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," and it means big trouble for Americans struggling with debt problems.
What effect will the new bankruptcy law have on the practice of Debt Settlement (also called Debt Negotiation)? Will creditors still be willing to negotiate with consumers seeking to avoid bankruptcy? Will lump-sum settlements for 30%, 40%, 50% still be possible now that this tough new law has been passed?
The short answer is "YES." It will be "business as usual" in the collection industry. People that choose to file bankruptcy will definitely be affected for the worse, as I'll outline below, but those who choose to privately negotiate their way out of debt will notice very little difference. Creditors will still negotiate. Deals will still be made. And nothing much will change in the world of collections. In fact, a viable alternative to bankruptcy will be needed more than ever.
The credit card banks lobbied with millions of dollars to get this law passed. They've been working at it for about a decade. Now they are celebrating. These are the folks who think the bankruptcy system has been abused by wealthy individuals, who have defrauded creditors when they could have repaid their debts.
The facts tell a different story:
1. During the period from 1995 to 2004, bankruptcy filings doubled, while in that same period, credit card industry profits TRIPLED.
2. Credit card companies have not been held accountable for their targeting of "easy credit" to individuals who could not afford such loans, which in turn has contributed to the wave of bankruptcies over the past decade.
3. For people 60 or older, 85% of bankruptcies are caused by medical bills or job loss.
4. A divorced woman is 300% more likely to file bankruptcy than a married woman.
5. African-American and Hispanic homeowners are 500% more likely to file bankruptcy than white, non-Hispanic homeowners.
6. Approximately half of all bankruptcies are filed because of medical expenses due to lack of health insurance, or lack of adequate coverage leading to uncovered expenses.
7. The median income of bankruptcy filers is $25,000. (So much for the "rich" abusing the system.)
The new law was a GIFT to the credit card banks, pure and simple. Some estimates show that it will add another $5 billion to the industry's bottom line. In other words, the bill is about profits and not much else.
Since my whole approach is about avoiding bankruptcy, I won't go into a detailed analysis of the provisions of the new law. But just to summarize, the net effect is that many (if not most) people seeking relief under Chapter 7 bankruptcy will be forced to file under the Chapter 13 version instead. In plain English, that means that most filers will be forced to pay back a portion of the debt over a 5-year schedule set by the court.
One of the worst aspects of the new bill is the use of IRS "allowable" expense schedules for determining your monthly budget. In other words, your actual living expense are thrown out the window in favor of the IRS standards (and we all know how generous the IRS can be!). So if your actual rent is $1,300 per month, and the IRS says it should be $1,045 for your county and state, that's TOUGH! The court will only allow the $1,045, period.
In short, people attempting to file bankruptcy after October 17, 2005 are in for an extremely rude awakening! Goodbye cell phones, cable TV, high-speed Internet access, movies, meals with the family, and anything else beyond the minimum allowable expenses as determined by the IRS and the courts.
So what makes me so certain that the banks will be as eager as ever to settle with consumers for 50 cents on the dollar or less? Simple. Two words: Stealth Bankruptcy.
Hundreds of thousands of Americans are going to discover the new reality of this tough law, and they are going to forgo the court system of filing bankruptcy in lieu of what I call "stealth bankruptcy." A stealth bankruptcy is when you move (with no forwarding address), change your phone number, and drop off the radar screen to live on an all-cash, no-credit basis. Many people already choose this path rather than deal with the invasion of privacy that comes with formal bankruptcy. After the new law goes into effect, more people than ever will take this approach.
Besides the problem of stealth bankruptcy, there are other good reasons the banks will settle as they always have. Consider these points:
A. The creditor doesn't know whether or not you'll still qualify for Chapter 7 or Chapter 13 bankruptcy. They still face the risk that you will qualify for Chapter 7 and end up discharging your debt in full, which means they get NOTHING.
B. Even if you file Chapter 13 under the new guidelines, the creditor will still only receive 30-50% of the debt on average (much less in some cases).
C. Under Chapter 13, it will still take the creditors 3-5 YEARS to recover that 30-50%.
D. A lump-sum of 30-50% TODAY is far better than the same amount collected over 3-5 years.
Of course, I certainly expect debt collectors to use the new law to harass and intimidate people who don’t know and understand their rights. You can expect them to say things like, "You can’t file bankruptcy under the new law, so you’d better pay up today!" They will bully and threaten as always, but at the end of the day, they will still accept reasonable settlements. After October 17, 2005, it will still be "business as usual" in the world of debt collections.
By: Charles Phelan
What effect will the new bankruptcy law have on the practice of Debt Settlement (also called Debt Negotiation)? Will creditors still be willing to negotiate with consumers seeking to avoid bankruptcy? Will lump-sum settlements for 30%, 40%, 50% still be possible now that this tough new law has been passed?
The short answer is "YES." It will be "business as usual" in the collection industry. People that choose to file bankruptcy will definitely be affected for the worse, as I'll outline below, but those who choose to privately negotiate their way out of debt will notice very little difference. Creditors will still negotiate. Deals will still be made. And nothing much will change in the world of collections. In fact, a viable alternative to bankruptcy will be needed more than ever.
The credit card banks lobbied with millions of dollars to get this law passed. They've been working at it for about a decade. Now they are celebrating. These are the folks who think the bankruptcy system has been abused by wealthy individuals, who have defrauded creditors when they could have repaid their debts.
The facts tell a different story:
1. During the period from 1995 to 2004, bankruptcy filings doubled, while in that same period, credit card industry profits TRIPLED.
2. Credit card companies have not been held accountable for their targeting of "easy credit" to individuals who could not afford such loans, which in turn has contributed to the wave of bankruptcies over the past decade.
3. For people 60 or older, 85% of bankruptcies are caused by medical bills or job loss.
4. A divorced woman is 300% more likely to file bankruptcy than a married woman.
5. African-American and Hispanic homeowners are 500% more likely to file bankruptcy than white, non-Hispanic homeowners.
6. Approximately half of all bankruptcies are filed because of medical expenses due to lack of health insurance, or lack of adequate coverage leading to uncovered expenses.
7. The median income of bankruptcy filers is $25,000. (So much for the "rich" abusing the system.)
The new law was a GIFT to the credit card banks, pure and simple. Some estimates show that it will add another $5 billion to the industry's bottom line. In other words, the bill is about profits and not much else.
Since my whole approach is about avoiding bankruptcy, I won't go into a detailed analysis of the provisions of the new law. But just to summarize, the net effect is that many (if not most) people seeking relief under Chapter 7 bankruptcy will be forced to file under the Chapter 13 version instead. In plain English, that means that most filers will be forced to pay back a portion of the debt over a 5-year schedule set by the court.
One of the worst aspects of the new bill is the use of IRS "allowable" expense schedules for determining your monthly budget. In other words, your actual living expense are thrown out the window in favor of the IRS standards (and we all know how generous the IRS can be!). So if your actual rent is $1,300 per month, and the IRS says it should be $1,045 for your county and state, that's TOUGH! The court will only allow the $1,045, period.
In short, people attempting to file bankruptcy after October 17, 2005 are in for an extremely rude awakening! Goodbye cell phones, cable TV, high-speed Internet access, movies, meals with the family, and anything else beyond the minimum allowable expenses as determined by the IRS and the courts.
So what makes me so certain that the banks will be as eager as ever to settle with consumers for 50 cents on the dollar or less? Simple. Two words: Stealth Bankruptcy.
Hundreds of thousands of Americans are going to discover the new reality of this tough law, and they are going to forgo the court system of filing bankruptcy in lieu of what I call "stealth bankruptcy." A stealth bankruptcy is when you move (with no forwarding address), change your phone number, and drop off the radar screen to live on an all-cash, no-credit basis. Many people already choose this path rather than deal with the invasion of privacy that comes with formal bankruptcy. After the new law goes into effect, more people than ever will take this approach.
Besides the problem of stealth bankruptcy, there are other good reasons the banks will settle as they always have. Consider these points:
A. The creditor doesn't know whether or not you'll still qualify for Chapter 7 or Chapter 13 bankruptcy. They still face the risk that you will qualify for Chapter 7 and end up discharging your debt in full, which means they get NOTHING.
B. Even if you file Chapter 13 under the new guidelines, the creditor will still only receive 30-50% of the debt on average (much less in some cases).
C. Under Chapter 13, it will still take the creditors 3-5 YEARS to recover that 30-50%.
D. A lump-sum of 30-50% TODAY is far better than the same amount collected over 3-5 years.
Of course, I certainly expect debt collectors to use the new law to harass and intimidate people who don’t know and understand their rights. You can expect them to say things like, "You can’t file bankruptcy under the new law, so you’d better pay up today!" They will bully and threaten as always, but at the end of the day, they will still accept reasonable settlements. After October 17, 2005, it will still be "business as usual" in the world of debt collections.
By: Charles Phelan
วันพุธที่ 18 กรกฎาคม พ.ศ. 2550
Are Lemon Law Lawyers Really Worth The Money?
Lemon law had been created to protect the consumer from faulty vehicles. But in order to ensure complete understanding of the law and filing a suit one needs to consult lemon law lawyers. It is not easy to sue the manufacturers with proper help. Consumers who find themselves stuck with lemons can find redress through lemon laws. Each state has its own version of these laws and requires consumers to take certain actions in order to remedy the situation.
Various competent lemon law lawyers, attorneys and law firms ensure consumer rights to be made aware to the consumers. Such lemon law lawyers handle all kinds of consumer cases for all defective vehicles including cars, trucks, mini-vans, SUV’s, recreational vehicles and campers, full size vans, boats, motorcycles and even jet skis. Such lemon law lawyers also offer help for consumer protection laws a defective computer or other consumer products. The lemon law lawyers, attorneys or law firms enable consumers get compensation for their defective vehicles and other products.
Good lemon law lawyers first identify whether the automobile is a lemon or not. Several lemon law lawyers and attorneys have readymade questionnaire that a consumer needs to fill out. Based on the replies received the lemon law lawyers identify if the vehicle is a lemon or not. Most of the lemon law lawyers have websites and the questionnaire can either be freely downloaded or filled online.
Lemon law lawyers have substantially greater negotiation power and can achieve better results. Most of the lemon law lawyers have worked successfully in the consumer field for several years developing extensive legal knowledge. A few of lemon law lawyers also know the contacts within the manufacturers which may prove to be helpful while filing a suit.
One does not necessarily need lemon law lawyers all the time. In some states with proper documentation one can easily file a complaint but in some states one necessarily needs to hire lemon law lawyers.
Some states also allow consumer to recover fees for lemon law lawyers where as some states also make you them for manufacturer’s lemon law lawyers in case they lose. If lemon law lawyers sue under the Magnuson-Moss Warranty Act, then the fees for lemon law lawyers are awarded if the case if won.
In certain cases manufacturers attempt to convince the consumer that the consumer was waived of the rights when they have signed the contract during the lease or the purchase. The lemon law lawyers and attorneys ensure that consumer understands that no no clause or waiver can waive off consumer rights if the vehicle proves to be defective and the lemon law comes in to full force.
As with most legal matters, it is wise to consult with licensed, competent lemon law lawyers or attorneys in state of residence that knows the details of the law. Many lemon law lawyers and attorneys offer free consultations, and do not charge a fee unless consumer wins the case. Such lemon law lawyers even seek attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.
By: Earl Powers
Various competent lemon law lawyers, attorneys and law firms ensure consumer rights to be made aware to the consumers. Such lemon law lawyers handle all kinds of consumer cases for all defective vehicles including cars, trucks, mini-vans, SUV’s, recreational vehicles and campers, full size vans, boats, motorcycles and even jet skis. Such lemon law lawyers also offer help for consumer protection laws a defective computer or other consumer products. The lemon law lawyers, attorneys or law firms enable consumers get compensation for their defective vehicles and other products.
Good lemon law lawyers first identify whether the automobile is a lemon or not. Several lemon law lawyers and attorneys have readymade questionnaire that a consumer needs to fill out. Based on the replies received the lemon law lawyers identify if the vehicle is a lemon or not. Most of the lemon law lawyers have websites and the questionnaire can either be freely downloaded or filled online.
Lemon law lawyers have substantially greater negotiation power and can achieve better results. Most of the lemon law lawyers have worked successfully in the consumer field for several years developing extensive legal knowledge. A few of lemon law lawyers also know the contacts within the manufacturers which may prove to be helpful while filing a suit.
One does not necessarily need lemon law lawyers all the time. In some states with proper documentation one can easily file a complaint but in some states one necessarily needs to hire lemon law lawyers.
Some states also allow consumer to recover fees for lemon law lawyers where as some states also make you them for manufacturer’s lemon law lawyers in case they lose. If lemon law lawyers sue under the Magnuson-Moss Warranty Act, then the fees for lemon law lawyers are awarded if the case if won.
In certain cases manufacturers attempt to convince the consumer that the consumer was waived of the rights when they have signed the contract during the lease or the purchase. The lemon law lawyers and attorneys ensure that consumer understands that no no clause or waiver can waive off consumer rights if the vehicle proves to be defective and the lemon law comes in to full force.
As with most legal matters, it is wise to consult with licensed, competent lemon law lawyers or attorneys in state of residence that knows the details of the law. Many lemon law lawyers and attorneys offer free consultations, and do not charge a fee unless consumer wins the case. Such lemon law lawyers even seek attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.
By: Earl Powers
วันอังคารที่ 17 กรกฎาคม พ.ศ. 2550
What Is The Lemon Law - A Concise Definition
Lemon law refers to the statement from the government that was created to protect consumers from defective piece of automobile. An automobile that has manufacturing defect or if it asks for repeated repairs after purchase and if the automobile is under warranty period, such a vehicle is termed as a lemon.
A law was placed for the benefit of consumers to prevent them from a lemon vehicle. In a nut shell if any vehicle such as a car is under warranty period and is suffering from various defects that prevent a consumer to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.
Lemon law can be enforced on any sort of vehicle like a car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables like computers, etc.
A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also applicable to vehicles which have been resold but are still under warranty and meet the mileage and time criteria. More often it is very difficult to persuade a manufacturer to accept a lemon vehicle. In such cases a lemon suit is often called for.
To ensure whether a vehicle is a lemon or not one should observe certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Such a condition should be covered by manufacturer’s warranty. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should have also been issued to the manufacturer prior to a lemon law suit.
A vehicle that has been bought back by the manufacturer from the customer is known as a Lemon Buy Back. Such lemon buy backs are often sold in auctions as used cars by the manufacturers.
The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.
A lemon vehicle explicitly loses market value due to its manufacturing defect. Moreover, manufacturing defects may lead to several life threatening circumstances. It also substantially impedes a person's ability to control or operate a motor vehicle for ordinary use or intended purposes. Any manufacturing defect can also create a substantial risk of fire or explosion. All these risk elements call for enforcement of Lemon law in the states of United States. This law helps consumer from all such threats and hazardous circumstances.
A law was placed for the benefit of consumers to prevent them from a lemon vehicle. In a nut shell if any vehicle such as a car is under warranty period and is suffering from various defects that prevent a consumer to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.
Lemon law can be enforced on any sort of vehicle like a car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables like computers, etc.
A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also applicable to vehicles which have been resold but are still under warranty and meet the mileage and time criteria. More often it is very difficult to persuade a manufacturer to accept a lemon vehicle. In such cases a lemon suit is often called for.
To ensure whether a vehicle is a lemon or not one should observe certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Such a condition should be covered by manufacturer’s warranty. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should have also been issued to the manufacturer prior to a lemon law suit.
A vehicle that has been bought back by the manufacturer from the customer is known as a Lemon Buy Back. Such lemon buy backs are often sold in auctions as used cars by the manufacturers.
The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.
A lemon vehicle explicitly loses market value due to its manufacturing defect. Moreover, manufacturing defects may lead to several life threatening circumstances. It also substantially impedes a person's ability to control or operate a motor vehicle for ordinary use or intended purposes. Any manufacturing defect can also create a substantial risk of fire or explosion. All these risk elements call for enforcement of Lemon law in the states of United States. This law helps consumer from all such threats and hazardous circumstances.
วันศุกร์ที่ 6 กรกฎาคม พ.ศ. 2550
Understanding The Texas Lemon Law
By: Terry Dunn
Contrary to what its name suggests, the Texas Lemon Law is not a legislation that deals with the buying and selling of fruits or rule against its bright color.
It does not even come close.
Rather it involves the right of American consumers, who buy vehicles, used or brand new, cars or trucks, to return defective products and ask for a refund.
Along with the Magnuson-Moss Warranty Act and the Uniform Commercial Code, the Texas Lemon Law or Lemon Law in general protects the rights of American citizens to quality products that would give them value for their money.
In general, the Lemon Law requires car manufacturers and not car dealers to refund the money a consumer has paid for if a car is found to be a “lemon.” The definition of a “lemon car” is of course different with every state depending on what the state legislation says. Usually, states differ in their definition of what a “lemon” car is and the period of warranty that is given to the consumer.
The Texas Lemon Law, for one, allows for four repair attempts or 30 days out of service for defects that are not so life-threatening. For serious product defects that pose a serious safety hazard such as problems in the steering wheel or in the brake, the Texas Lemon Law allows for only two repair attempts. If after the stated number of repair attempts, the defects have not been fixed, then a car will considered a “lemon” and therefore eligible for refund. The repair attempts under the Texas Lemon Law should of course happen within a period of two years or 24,000 miles whichever comes first for the four attempts. A period of one year or 12,000 miles is given to defects that affect the safety of the car.
Similar to other state laws, the Texas Lemon Law also requires consumers to have their cars fixed in authorized service centers and to make no unauthorized modification or alterations in the car. This is done to avoid questions that will be raised by manufacturer as they are accorded the right to investigate and challenge the claim. If the defect has been found to be caused by neglect, abuse and alterations not sanctioned by the manufacturer then no refunds will be given.
Consumers, under the Texas Lemon Law, are also asked to put their complaint into writing, stating the defects of the car. This is especially needed if it is stated in the vehicle’s manual. Supporting documents should be kept in hand such as receipt of the purchase, which would state when the car was bought, repair receipts as well as diagnosis of the problem.
In addition to refunding the money, the Texas Lemon Law may also invoke the manufacturer to pay for incidental costs that the consumer has incurred due to the defect in question such as towing services and even rental of car while the “lemon” is still in the repair shop. Refunds will also not be given in full. Under the Texas Lemon Law, the purchase price will be lessened by the equivalent amount of the mileage that the owner has used the car.
While most companies have good arbitration programs which they use to cut down legal costs just in case the complaint goes to court, there are some car manufacturers who will remain firm that the defect was not there when you bought the car. If this happens, complainants are encouraged to seek legal counsel.
By: Terry Dunn
Contrary to what its name suggests, the Texas Lemon Law is not a legislation that deals with the buying and selling of fruits or rule against its bright color.
It does not even come close.
Rather it involves the right of American consumers, who buy vehicles, used or brand new, cars or trucks, to return defective products and ask for a refund.
Along with the Magnuson-Moss Warranty Act and the Uniform Commercial Code, the Texas Lemon Law or Lemon Law in general protects the rights of American citizens to quality products that would give them value for their money.
In general, the Lemon Law requires car manufacturers and not car dealers to refund the money a consumer has paid for if a car is found to be a “lemon.” The definition of a “lemon car” is of course different with every state depending on what the state legislation says. Usually, states differ in their definition of what a “lemon” car is and the period of warranty that is given to the consumer.
The Texas Lemon Law, for one, allows for four repair attempts or 30 days out of service for defects that are not so life-threatening. For serious product defects that pose a serious safety hazard such as problems in the steering wheel or in the brake, the Texas Lemon Law allows for only two repair attempts. If after the stated number of repair attempts, the defects have not been fixed, then a car will considered a “lemon” and therefore eligible for refund. The repair attempts under the Texas Lemon Law should of course happen within a period of two years or 24,000 miles whichever comes first for the four attempts. A period of one year or 12,000 miles is given to defects that affect the safety of the car.
Similar to other state laws, the Texas Lemon Law also requires consumers to have their cars fixed in authorized service centers and to make no unauthorized modification or alterations in the car. This is done to avoid questions that will be raised by manufacturer as they are accorded the right to investigate and challenge the claim. If the defect has been found to be caused by neglect, abuse and alterations not sanctioned by the manufacturer then no refunds will be given.
Consumers, under the Texas Lemon Law, are also asked to put their complaint into writing, stating the defects of the car. This is especially needed if it is stated in the vehicle’s manual. Supporting documents should be kept in hand such as receipt of the purchase, which would state when the car was bought, repair receipts as well as diagnosis of the problem.
In addition to refunding the money, the Texas Lemon Law may also invoke the manufacturer to pay for incidental costs that the consumer has incurred due to the defect in question such as towing services and even rental of car while the “lemon” is still in the repair shop. Refunds will also not be given in full. Under the Texas Lemon Law, the purchase price will be lessened by the equivalent amount of the mileage that the owner has used the car.
While most companies have good arbitration programs which they use to cut down legal costs just in case the complaint goes to court, there are some car manufacturers who will remain firm that the defect was not there when you bought the car. If this happens, complainants are encouraged to seek legal counsel.
วันเสาร์ที่ 30 มิถุนายน พ.ศ. 2550
Understanding The Basics Of Wisconsin Lemon Law
Knowing the lemon laws is not enough. In USA, lemon laws take numerous forms across states. In fact, when you are plagued by a problematic vehicle it is always the best policy to hire the help of a lemon lawyer who specializes in the particular lemon laws of your state.
The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.
A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if
- It has been bought or rented in Wisconsin,
- It is showing signs of strain within the first year of purchase
- It is showing signs of breaking down before the guarantee period has terminated,
- Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems,
- It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.
An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.
And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are:
- Conditions that do not affect the use, worth or safety of the vehicle,
- Items not covered by the manufacturer's warranty,
- Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering,
- Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.
Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.
Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.
If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.
With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.
The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.
Under the Wisconsin Lemon Law, justice is never denied nor delayed.
About the Author:
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com
The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.
A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if
- It has been bought or rented in Wisconsin,
- It is showing signs of strain within the first year of purchase
- It is showing signs of breaking down before the guarantee period has terminated,
- Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems,
- It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.
An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.
And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are:
- Conditions that do not affect the use, worth or safety of the vehicle,
- Items not covered by the manufacturer's warranty,
- Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering,
- Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.
Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.
Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.
If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.
With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.
The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.
Under the Wisconsin Lemon Law, justice is never denied nor delayed.
About the Author:
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com
วันเสาร์ที่ 23 มิถุนายน พ.ศ. 2550
The Lemon Law In Florida - Stating The Law As It Affects Consumers
The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers' money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida's automobile 'Lemon Law,' or popularly known as lemon law Florida.
Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.
Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.
Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.
Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.
by Earl Powers
Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.
Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.
Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.
Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.
by Earl Powers
วันพฤหัสบดีที่ 14 มิถุนายน พ.ศ. 2550
Florida Lemon Law - Power To You
If you have had the misfortune to buy a 'lemon', but are residing in the state of Florida, you are in for luck, as the Florida Lemon Law is a veritable law that can protect you. Now for the newly initiated, 'lemons' are products that have a recurrent mechanical problem or fault that cannot be repaired, usually within the warranty period or if the problem persists even after several repairs. There are different lemon laws in the various states in the US so it is always advisable that the consumers check out the details.
What you need to know
In case of vehicles the Florida Lemon Law can be applied only for new ones, no used vehicle fall under its purview. The new vehicle however could be used for family, household or personal purposes. Or it could be a vehicle that has been leased to you for a period of more than a year with a written document indicating that the lessee is assigned for all mending. In special cases, vehicles that are demonstrators but are sold with a manufacture's guarantee also fall in this category.
Moreover, if the vehicle changes ownership within the first 2 years after its delivery to the initial customer, with both the customers having used it for household, personal or for family purposes, the end customer to whom the vehicle is transferred is also covered under the law.
When you buy or lease out a vehicle in the state of Florida you get the "Consumer Guide to the Florida Lemon Law". This document gives you vital information regarding your rights as a consumer, offer solutions to problems, a form that you can use to inform the manufacturer about serious faults and also gives you a toll free number that is the Lemon Law Hotline.
Finally, always remember you may be compensated for any defect or situation that may hamper the value, use or safety of your vehicle. However, if the defect or problem arises from the manhandling or modification of the vehicle by anyone other than the manufacture's service agent or has occurred due to an accident then it is not covered.
Vehicles that do not fall under the ambit of the Florida lemon law
If you possess any of the following you are not entitled to any protection from the Florida Lemon law:
- Motorcycles or mopeds - Trucks that cross the ten thousand pounds gross weight limit - Vehicles bought for reselling - Living amenities of recreational automobiles - Vehicles that run on tracks only - Off-road vehicles
Final reminders
The defects that plague your vehicle must be reported to the manufacturer within the "Lemon Law Rights Period", which is usually within the first 2 years after the delivery date. Time is of essence here as if you delay in reporting then you may lose out on many things including a purchase price refund or a replacement vehicle.
Make sure you keep records of all the repair and maintenance bills and also a repair order in written form obtained from the dealer for each repair. This also includes recording the time and date of the whole repair period. Recording the Odometer mileage is also essential along with a thorough knowledge about Technical Service Bulletins about your car.
Last but not the least and the most important thing of all is to get hold of a lawyer who specializes in Florida Lemon law.
by Kevin Bishop
วันพุธที่ 13 มิถุนายน พ.ศ. 2550
So What Do You Know About California Lemon Laws?
It's a fact that Lemon Laws vary from state to state. Each state offers its own form of protection for those who buy vehicles, and it's up to consumers to know the laws of the land where they choose to live. California Lemon Law details are pretty encompassing, but there are some things about the laws buyers in this state need to know before they sign for a purchase.
In general, the California Lemon Law covers most of the basics. But, to make sure you understand Lemon Laws before making a new or used vehicle purchase, let's take a look at some of the top questions surrounding the Lemon Laws here:
What does the law give claimants if they're successful? In California, buyers of vehicles that are defective can receive a refund or a replacement of the faulty vehicle. Also included are registration fees, rental costs and even towing charges. Typically, the choice of a refund or replacement is given to the consumer, not the carmaker.
Does a used car have protection under California Lemon Law? Yes, the Lemon Law protects the buyers of used vehicles if there was a written warranty included at the time of purchase. Cars that are purchased with 'as-is' clauses do not qualify for protection under it.
Can a person who leases a vehicle find protection under California Lemon Law? Absolutely! Every leased vehicle that's covered by a warranty is also covered.
What about other types of vehicles, such as RVs and motorcycles? Are they covered by California Lemon Law? You bet! As long as they have warranties, they're covered by the law. This even includes boats.
Does the California Lemon Law have a set limit on protection? Yes and no. It remains in effect as long as a vehicle is under warranty, and can even extend out longer. If the first repair takes place while a vehicle is under warranty, the vehicle can come out of warranty and still be protected under the law.
Under California Lemon Laws, do owners need to submit to a manufacturer's repair process? No, unlike many other states, California doesn't require consumers to go through the hoops of a manufacturer's arbitration program. This is good news for consumers in California.
Does the California Lemon Law have a magic number of repair attempts before a claim can be made? No. It is actually a bit vague in this regard. All it states is that a reasonable number of attempts must be made. The four-time rule seems to be a good one to follow here for the exact same problem.
Do the repairs need to be for the same thing under California Lemon Laws for a vehicle to be considered a lemon? Not always. This is taken on a case-by-case basis in California. Often, the law is based on the total number of days a vehicle spends in repair shops.
Does a vehicle need to be taken back to the dealer where it was purchased from to qualify? No. Repairs can be made at any authorized dealer.
The California Lemon Law is a little more liberal than some other states' laws, but it still pays to understand it well before making a purchase. The more a buyer knows, the less likely he or she is to walk away from coverage that's there to protect them. Make sure you receive a detailed outline of the California Lemon Law before buying your vehicle.
by Ben Franklin
The PA Lemon Law
The PA Lemon Law is a Pennsylvania Law that protects purchasers of defective motor vehicles. The PA Lemon Law applies to new model vehicles that are registered for personal use in Pennsylvania, and can apply to cars, trucks, vans or SUV's. The Lemon Law sets forth protections and rights for the purchaser of a new vehicle which exhibits defects or non-conformities.
If it is found that a new vehicle has defects or non-conformities that substantially affect the use, value or safety of the vehicle, and the dealer or manufacturer cannot repair those defects, the vehicle will be found to be a "lemon". The first occurrence of the defect must occur within the first 12000 miles, and the dealer/manufacturer must be placed on notice that the defect exists. There is a supposition in Pennsylvania that the dealer/manufacturer must repair the defect within three attempts, or the vehicle may be declared a lemon.
The PA Lemon Law provides that the purchaser is entitled to a free replacement vehicle or a full refund of the purchase price. A refund would include all monies paid towards a down payment, any financing payments, including interest, any positive equity from a trade-in vehicle, plus the tax, title, plates and other associated fees. The Pennsylvania Lemon Law also provides that the manufacturer must pay your attorney fees if your vehicle is found to be a lemon. Because of that powerful provision in the Lemon Law, it would be foolhardy to proceed with a lemon law claim without the assistance of an experienced lemon law attorney.
In order to have a vehicle declared a lemon, the purchaser must first notify the manufacturer in writing of the defects of the vehicle and of the purchaser's request for a refund/replacement. Many times, the manufacturer will request that you submit a claim to their informal dispute resolution program. The PA Lemon Law provides that this step must be taken if the manufacturer's informal program complies with the mandates of federal law. The Better Business Bureau, or BBB, handles many manufacturer's informal programs in Pennsylvania. If you obtain a favorable decision from the BBB, you can accept their decision. If you obtain an unfavorable decision from the BBB, you can proceed to file a formal lawsuit to pursue your legal rights in state court.
Don't despair if you've reached the point of filing a state based lawsuit against the manufacturer. The Pennsylvania Lemon Law is a very powerful statute that provides you with an excellent chance at prevailing in court. If your vehicle exhibits substantial defects, and those defects cannot be repaired in a reasonable number of attempts by the manufacturer, the PA Lemon Law will protect you, and many manufacturers know it. In that regard, over 95% of lemon law related cases settle prior to trial. If you have hired the right lemon law attorney, your chances can increase even further.
by Greg Artim
The Lemon Laws
Lemon cars, trucks, vans and SUV's are everywhere. Various statistics that I have seen indicate that anywhere from 1 out of 100 to 1 out of 8 vehicles are lemons. Staggering statistics, to say the least. A Lemon, by definition, is a defective vehicle. All states have Lemon Laws that provide protection to you in the event that you have purchased a lemon. These law vary from state to state, but all have common themes.
The first common theme is the defective condition of the vehicle. In other words, something has to go wrong with your vehicle. The state Lemon Laws typically define what elements satisfy the defective condition requirement in order to be classified as a lemon. In Pennsylvania, for instance, the vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of the vehicle. In my experience, these types of defects usually consist of defective brakes, transmissions, engines, suspensions, steering and things of that nature. Claims for electrical failures, noise and leaks usually are sufficient as well.
The next common theme among the state Lemon Laws is the obligation to attempt repairs. Each state Lemon Law sets forth that the manufacturer must be given a reasonable number of attempts to repair the vehicle's defective condition. In Pennsylvania, that number is three. Some other states have the repair requirements set at four or more. If the Manufacturer or its agent (the dealer) cannot repair the vehicle after a reasonable number of attempts, you have a lemon.
The third common theme amongst state Lemon Laws is the remedy that you are entitled to if you have a lemon. Most states provide that the consumer is entitled to a full refund of the purchase price OR a free replacement vehicle. Some states go even further. In Pennsylvania the remedy includes all collateral charges as well as the purchase price, including taxes, title charges, down payment, interest and more. If you choose the refund election you may end up getting every dollar back that you put into the vehicle. In addition, most states provide for the recovery of attorney fees and costs as well.
by Greg Artim
The Lemon Law In California - What Are The Consumer Benefits?
Various states across US have different lemon laws. Lemon law California differs from those in other states. It is important to know the fine intricacies of Lemon law California. Lemon law California is also known as Motor Vehicle Warranty Rights Act. The California lemon law states that any vehicle purchase is a major consumer purchase. If such a vehicle turns out to be defective or if is found to cause serious injuries or even hardships to the consumer due to its defects, then a consumer is entitled to be made aware of his rights. Under the consumer rights if the defects or hardships are proved in the Federal court of law and if the vehicle is under warranty period, then a consumer can call for a lemon law suit.
Lemon law California and Federal warranty law protect consumers from being stuck with 'Lemon' automobiles, computer lemons and other defective consumer products. According to Lemon Law in California, if any car or computer is turns out to be a Lemon, then a consumer may be entitled to your money back, a replacement or a cash settlement.
According the Lemon law California, the owner of a motor vehicle or the owner's designated agent may make a complaint concerning a defect in a motor vehicle that is covered by a manufacturer's, converter's, or distributor's warranty agreement applicable to the vehicle. Any complaint regarding a lemon vehicle must be made in writing to the applicable dealer, manufacturer, converter, or distributor. The written complaint about a Lemon must specify each defect in the vehicle that is covered by the warranty. The owner may also invoke the board's jurisdiction by sending a copy of the complaint to the board. Any case regarding the lemon vehicle, if not resolved by owner and dealer or manufacture privately is entitled for a hearing.
Before filing a suit for any damaged vehicle for lemon law California certain points must be ensured for proper proceedings in a federal court of law. All copies of documentation concerning the car and all the repair records should be kept in proper order. A track of details such as when was the vehicle serviced, where the vehicle was purchased from, from whom the vehicle was purchased etc. Technical service bulletins concerning the car should be called for. The VIN or Vehicle Identification Number for a lemon vehicle should be noted specifically. This VIN number is a series of 17 numbers and letters that are unique to each vehicle. It is located on a metal plate at the lower corner of the front windshield on the driver's side. There are various attorneys who specialize in lemon law California such attorneys should be specifically consulted for filing any lemon law suit.
A vehicle report history should also be kept in order for any reference before filing the suit for lemon law California. A vehicle report history can be easily obtained from the internet. Various agencies provide free vehicle history report in California. A vehicle history report can be generated by providing the VIN to any of the websites pertaining to vehicles in California. The vehicle history report easily reveals any problems that might not be visible to untrained eye. This could be major damage from collision, fire, hail or water damage, odometer rollback or tampering, lemon or junk status, and much more.
Lemon law California states all the provisions to prevent a consumer from being stuck with a lemon. The best way to get rid of lemon car is to act and file a suit as soon as possible.
by Earl Powers
The Lemon Law
Lemon cars, trucks, vans and SUV's are everywhere. Various statistics that I have seen indicate that anywhere from 1 out of 100 to 1 out of 8 vehicles are lemons. Staggering statistics, to say the least. A Lemon, by definition, is a defective vehicle. All states have Lemon Laws that provide protection to you in the event that you have purchased a lemon. These law vary from state to state, but all have common themes.
The first common theme is the defective condition of the vehicle. In other words, something has to go wrong with your vehicle. The state Lemon Laws typically define what elements satisfy the defective condition requirement in order to be classified as a lemon. In Pennsylvania, for instance, the vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of the vehicle. In my experience, these types of defects usually consist of defective brakes, transmissions, engines, suspensions, steering and things of that nature. Claims for electrical failures, noise and leaks usually are sufficient as well.
The next common theme among the state Lemon Laws is the obligation to attempt repairs. Each state Lemon Law sets forth that the manufacturer must be given a reasonable number of attempts to repair the vehicle's defective condition. In Pennsylvania, that number is three. Some other states have the repair requirements set at four or more. If the Manufacturer or its agent (the dealer) cannot repair the vehicle after a reasonable number of attempts, you have a lemon.
The third common theme amongst state Lemon Laws is the remedy that you are entitled to if you have a lemon. Most states provide that the consumer is entitled to a full refund of the purchase price OR a free replacement vehicle. Some states go even further. In Pennsylvania the remedy includes all collateral charges as well as the purchase price, including taxes, title charges, down payment, interest and more. If you choose the refund election you may end up getting every dollar back that you put into the vehicle. In addition, most states provide for the recovery of attorney fees and costs as well.
by Greg Artim
A General Overview of a Lemon Law Claim
Many states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. If your state does not have an automobile lemon law, you can still be protected by what is referred to as the Federal Lemon Law, or the Magnusson Moss Act. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always give the manufacturer a reasonable number of attempts to repair the problem, and that can vary from state to state. The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair the defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc... The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.
The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer which essentially revokes your acceptance of the vehicle. What that means is that you are attempting to revoke the contract between yourself and the manufacturer, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. After Arbitration, if it is not in your favor, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious, and may begin to entertain realistic formal discussions regarding your vehicle's problems.
This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That's right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.
by Greg Artim
วันศุกร์ที่ 8 มิถุนายน พ.ศ. 2550
Ohio Lemon Law - Your Last Recourse
If you buy a new vehicle, you are sure to have a warranty from the manufacturer. What it does is that it requires the manufacturer to pay for parts and service if any problem arises. Now, if the problem is critical and it falls under the warranty, all you need to do is approach the dealer to resurrect it. And if the dealer cannot fix the problem after a considerable number of attempts, you may have a lemon. Yes, you can claim a lemon law that makes you entitled of a replacement or compensation on part of the manufacturer.
Ohio lemon law came into being to safeguard the consumer's rights against any flaw that largely impairs its use, worth or safety, and has not been suitably repaired or repaired in a timely manner on part of the manufacturer. Passenger cars, motorcycles, motor homes and "light" trucks are the vehicles covered by the lemon law. Remember, the lemon law is pertinent for the above said vehicles in the first year or 18,000 miles of action, whichever happens first. However, recreational vehicles as well as boats are out of the question. It is worth mentioning that Ohio lemon law is not applicable for used cars.
Lemon laws make sure that the manufactures and dealers reimburse the purchased price of the vehicle or provide a replacement vehicle, if they are unsuccessful to resurrect the problem within a considerable amount of time. Any letdown to act in accordance with Ohio's Lemon Law is a breach of Ohio's Consumer Sales Practices Act.
Before a vehicle is said to be a lemon, there are a lot of things apart from the manufacturer's defect, which are required to be considered. If within the first year of purchase or 18,000 miles of operation, the manufacturer through the dealer has made three or more attempts to fix the problem, but all in vain the law is applicable.
Similarly, if the vehicle does not function for a total of 30 or more calendar days for repairs. If the manufacturer takes eight or more tries to repair a sizeable problem covered by the warranty, it still calls for the enactment of the lemon law. The law also applies when there has been one repair attempt at the most for a safety-related problem, which still remains unresolved.
Ohio Lemon Law also ensures that the automakers and dealers present more information to consumers than before. Consumers should keep good records and an exact maintenance history to stay in safe hands. They should keep all warranty and repair orders intact. On receiving the order, consumers must counter check it to authenticate all the pertinent information. From writing down the vehicle's problems to filing in the repair records, everything needs to be done. Last but not the least, a consumer should certainly follow the owner's manual.
Always remember that before you file a lawsuit, arbitration is another way to resolve your dispute. Arbitration can also be compulsory at times. Generally, verdict is given within 40 days after the Board has received the consumer's application for arbitration. The best part is that the manufacturers pay for arbitration programs irrespective whether they win or lose.
With the initiation of the Ohio lemon law, there has been less problems with automobiles and hence a good number of satisfied customers.
by Kevin Bishop
Ohio lemon law came into being to safeguard the consumer's rights against any flaw that largely impairs its use, worth or safety, and has not been suitably repaired or repaired in a timely manner on part of the manufacturer. Passenger cars, motorcycles, motor homes and "light" trucks are the vehicles covered by the lemon law. Remember, the lemon law is pertinent for the above said vehicles in the first year or 18,000 miles of action, whichever happens first. However, recreational vehicles as well as boats are out of the question. It is worth mentioning that Ohio lemon law is not applicable for used cars.
Lemon laws make sure that the manufactures and dealers reimburse the purchased price of the vehicle or provide a replacement vehicle, if they are unsuccessful to resurrect the problem within a considerable amount of time. Any letdown to act in accordance with Ohio's Lemon Law is a breach of Ohio's Consumer Sales Practices Act.
Before a vehicle is said to be a lemon, there are a lot of things apart from the manufacturer's defect, which are required to be considered. If within the first year of purchase or 18,000 miles of operation, the manufacturer through the dealer has made three or more attempts to fix the problem, but all in vain the law is applicable.
Similarly, if the vehicle does not function for a total of 30 or more calendar days for repairs. If the manufacturer takes eight or more tries to repair a sizeable problem covered by the warranty, it still calls for the enactment of the lemon law. The law also applies when there has been one repair attempt at the most for a safety-related problem, which still remains unresolved.
Ohio Lemon Law also ensures that the automakers and dealers present more information to consumers than before. Consumers should keep good records and an exact maintenance history to stay in safe hands. They should keep all warranty and repair orders intact. On receiving the order, consumers must counter check it to authenticate all the pertinent information. From writing down the vehicle's problems to filing in the repair records, everything needs to be done. Last but not the least, a consumer should certainly follow the owner's manual.
Always remember that before you file a lawsuit, arbitration is another way to resolve your dispute. Arbitration can also be compulsory at times. Generally, verdict is given within 40 days after the Board has received the consumer's application for arbitration. The best part is that the manufacturers pay for arbitration programs irrespective whether they win or lose.
With the initiation of the Ohio lemon law, there has been less problems with automobiles and hence a good number of satisfied customers.
by Kevin Bishop
วันพฤหัสบดีที่ 31 พฤษภาคม พ.ศ. 2550
Coverage Under Florida's Lemon Law
If you live in Florida and you've got yourself stuck with what looks to you like a lemon car, you'll want to know about the Florida lemon Law. Florida's Lemon Law is basically supposed to help consumers who have ongoing problems with getting a new vehicle fixed to met the manufacturer's warranty.
The intent of the law is to require that manufacturers provide refunds or vehicle replacement should a car (or other covered vehicle) fail to conform to the warranty terms after a reasonable number of attempts have been made to repair the vehicle. The Florida Lemon Law can be located in Chapter 681 of Florida Statutes.
The exact definitions related to Florida's Lemon Law are in Section 681.102, Florida Statutes (Supp. 1992). The precise definitions can be important in certain cases where the circumstances are not completely clear.
For protection under Florida's Lemon Law, the following must hold:
Covered Vehicles:
(1) a new vehicle purchased mainly for household, family or personal purposes; (2) new vehicles which are leased for more than one year with a written agreement providing that the lessee (that would be you) is responsible for repairs. (3) vehicles which were used as demonstrators if they are sold with a manufacturer's warranty - this is not actually a separate category, but more in the nature of a special circumstance.
Vehicles which are Not Covered:
(1) vehicles run only on tracks;
(2) off-road vehicles;
(3) trucks over ten thousand pounds gross weight;
(4) the living facilities of recreational vehicles;
(5) motorcycles or mopeds.
What Problems are Covered:
Any defect or condition that significantly damages the safety, use or value of a covered motor vehicle.
Problems which are Not Covered:
Any defect or problem which results from an abuse, neglect, modification/alteration of the vehicle by anyone who is not a manufacturer's service agent or an accident.
Now that you have a good idea of just what is and isn't covered under the Florida Lemon, Take a look at the followup article on "How to Work With the Florida Lemon Law."
by E.B. Randall
The intent of the law is to require that manufacturers provide refunds or vehicle replacement should a car (or other covered vehicle) fail to conform to the warranty terms after a reasonable number of attempts have been made to repair the vehicle. The Florida Lemon Law can be located in Chapter 681 of Florida Statutes.
The exact definitions related to Florida's Lemon Law are in Section 681.102, Florida Statutes (Supp. 1992). The precise definitions can be important in certain cases where the circumstances are not completely clear.
For protection under Florida's Lemon Law, the following must hold:
Covered Vehicles:
(1) a new vehicle purchased mainly for household, family or personal purposes; (2) new vehicles which are leased for more than one year with a written agreement providing that the lessee (that would be you) is responsible for repairs. (3) vehicles which were used as demonstrators if they are sold with a manufacturer's warranty - this is not actually a separate category, but more in the nature of a special circumstance.
Vehicles which are Not Covered:
(1) vehicles run only on tracks;
(2) off-road vehicles;
(3) trucks over ten thousand pounds gross weight;
(4) the living facilities of recreational vehicles;
(5) motorcycles or mopeds.
What Problems are Covered:
Any defect or condition that significantly damages the safety, use or value of a covered motor vehicle.
Problems which are Not Covered:
Any defect or problem which results from an abuse, neglect, modification/alteration of the vehicle by anyone who is not a manufacturer's service agent or an accident.
Now that you have a good idea of just what is and isn't covered under the Florida Lemon, Take a look at the followup article on "How to Work With the Florida Lemon Law."
by E.B. Randall
Understanding The Basics of Wisconsin Lemon Law
Knowing the lemon laws is not enough. In USA, lemon laws take numerous forms across states. In fact, when you are plagued by a problematic vehicle it is always the best policy to hire the help of a lemon lawyer who specializes in the particular lemon laws of your state.
The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.
A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if - It has been bought or rented in Wisconsin, - It is showing signs of strain within the first year of purchase - It is showing signs of breaking down before the guarantee period has terminated, - Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems, - It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.
An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.
And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are: - Conditions that do not affect the use, worth or safety of the vehicle, - Items not covered by the manufacturer's warranty, - Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering, - Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.
Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.
Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.
If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.
With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.
The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.
Under the Wisconsin Lemon Law, justice is never denied nor delayed.
by Kevin Bishop
The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.
A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if - It has been bought or rented in Wisconsin, - It is showing signs of strain within the first year of purchase - It is showing signs of breaking down before the guarantee period has terminated, - Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems, - It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.
An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.
And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are: - Conditions that do not affect the use, worth or safety of the vehicle, - Items not covered by the manufacturer's warranty, - Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering, - Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.
Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.
Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.
If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.
With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.
The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.
Under the Wisconsin Lemon Law, justice is never denied nor delayed.
by Kevin Bishop
วันพุธที่ 16 พฤษภาคม พ.ศ. 2550
Lemon law 101
Lemon laws are made to protect buyers of defective commodity. A car sold with a hidden flaw that causes the car to be in need of frequent repairs make it a Lemon. The lemon law covers both new and used cars but the faults in a used car needs to larger than the one in a new car for a used car to be seen as a lemon. The fault in the car most be of such nature that they reduces the usability of the car for the buyer or renders the car completely useless. In a new car it is enough that the faults is "spoiling the new car experience" for the car to be considered a "lemon". Lemon laws vary from state to state and so does the guidelines for arbitration. Lemon laws usually come into play when a vehicle undergoes a specific number of repairs due to defects, when it has been a certain number of days at the shop or if it has certain safety defect that increases the risk in using that vehicle.
The laws are formed to preventing car dealers to take advantage of unknowing car buyers and tricking them into buying defect cars. It is also created to make sure that car manufacturers have to take responsibility for the products they produce and sell. Prior to the lemon law manufacturers and dealers sometimes refused to take their responsibility and referring to that the problem was common in that type of care or tried to intimidate the "lemon" buyers.
The history of the lemon law starts in 1979 with a lady named Rosemary Shahan from lemon Grove. She had bought a lemon that still wasn't working after waiting 3 months to get it repaired. She then picketed the mechanics for 5 months which created a public outcry against the treatment customers received from mechanics and car dealers. This public outcry became the basis for a citizen movement for lemon laws which formed Consumers for Auto Reliability and Safety (CARS) an organization that made Rosemary Shahan their head. The first states to introduce Lemon laws were Connecticut and California. They introduced lemons laws 1982.
The Center for Auto Safety then started to collect data about how many "lemons" that was sold and the statistics was staggering. They found that over 1.2 million consumers had been "tricked" into buying defective cars. Surveys today suggest that up to 1 000 000 million "lemons" are sold each year.
Connecticut and California was soon to be followed and all US states had introduced lemon laws by the end of 1983. All states created their own rules that suited that state which is the reason why the Lemon laws today look different in different states. The Lemon laws can be said to have been a success as they have improved the consumers position towards car dealers and car manufacturers something that becomes ever more important as the car prices increases.
The best thing to do if you think you have bought a "lemon" is to contact a lemon law attorney that is specialized in your states lemon law. The attorney will be able to tell you if you have a lemon law case and will be able to help you get the compensation that you legally have a right to. It is important that you keep all bills and records of your cars repairs and give them to your attorney to help him determine if you car is a "lemon" and to be able to prove your claims. You should also always remember to read the manual of the car and perform the maintenance that is required for you to maintain your vehicle warranty. Not doing so may prevent you from making any claims based on the lemon laws.
by William Berg
The laws are formed to preventing car dealers to take advantage of unknowing car buyers and tricking them into buying defect cars. It is also created to make sure that car manufacturers have to take responsibility for the products they produce and sell. Prior to the lemon law manufacturers and dealers sometimes refused to take their responsibility and referring to that the problem was common in that type of care or tried to intimidate the "lemon" buyers.
The history of the lemon law starts in 1979 with a lady named Rosemary Shahan from lemon Grove. She had bought a lemon that still wasn't working after waiting 3 months to get it repaired. She then picketed the mechanics for 5 months which created a public outcry against the treatment customers received from mechanics and car dealers. This public outcry became the basis for a citizen movement for lemon laws which formed Consumers for Auto Reliability and Safety (CARS) an organization that made Rosemary Shahan their head. The first states to introduce Lemon laws were Connecticut and California. They introduced lemons laws 1982.
The Center for Auto Safety then started to collect data about how many "lemons" that was sold and the statistics was staggering. They found that over 1.2 million consumers had been "tricked" into buying defective cars. Surveys today suggest that up to 1 000 000 million "lemons" are sold each year.
Connecticut and California was soon to be followed and all US states had introduced lemon laws by the end of 1983. All states created their own rules that suited that state which is the reason why the Lemon laws today look different in different states. The Lemon laws can be said to have been a success as they have improved the consumers position towards car dealers and car manufacturers something that becomes ever more important as the car prices increases.
The best thing to do if you think you have bought a "lemon" is to contact a lemon law attorney that is specialized in your states lemon law. The attorney will be able to tell you if you have a lemon law case and will be able to help you get the compensation that you legally have a right to. It is important that you keep all bills and records of your cars repairs and give them to your attorney to help him determine if you car is a "lemon" and to be able to prove your claims. You should also always remember to read the manual of the car and perform the maintenance that is required for you to maintain your vehicle warranty. Not doing so may prevent you from making any claims based on the lemon laws.
by William Berg
Lemon Law
Lemon laws are United States state laws that remedies to consumers for automobiles that repeatedly fail to meet certain standards of quality and performance. These vehicles are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased vehicles. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.
In California, lemon laws cover anything mechanical, including a toaster, as does the federal lemon law. The federal lemon law also provides the warrantor may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.
Lemon laws may cover engine problems, transmission problems, water leaks, paint defects, electrical problems, brake problems, steering problems, vibrations, bad smells, rattles, and many other defects
Used car purchases
If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:
Situation #1: You may be entitled to compensation for breach of warranty if you had one of the following Warranties:
Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
Your vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
You purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer's Warranty Exists If you do not have a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:
Laundered Lemon (or prior history of mechanical problems known to the seller);
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.
Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Lemon Laws in a particular state should be obtained from an attorney practicing in that state.
In California, lemon laws cover anything mechanical, including a toaster, as does the federal lemon law. The federal lemon law also provides the warrantor may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.
Lemon laws may cover engine problems, transmission problems, water leaks, paint defects, electrical problems, brake problems, steering problems, vibrations, bad smells, rattles, and many other defects
Used car purchases
If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:
Situation #1: You may be entitled to compensation for breach of warranty if you had one of the following Warranties:
Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
Your vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
You purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer's Warranty Exists If you do not have a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:
Laundered Lemon (or prior history of mechanical problems known to the seller);
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.
Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Lemon Laws in a particular state should be obtained from an attorney practicing in that state.
How To Utilize The Lemon Law
If you find yourself with a lemon of a vehilce, here are some tips to help you utilize the lemon law.
Remember that if you're stuck with a lemon, your complaint is with the manufacturer. Although your instinct may be to blame the car dealer, the dealer is just the middleman for the defective product.
1. Document your repairs and be accurate with each problem. Obtain copies of all warranty repair orders from the dealer and keep notes of your reported problems. Also, keep notes of all conversations you have with service people, including the date, time and participants in these conversations.
2. Contact your state attorney general's office or conduct other research to determine the provisions of your state's lemon law. There are variations in each state's laws.
3. Determine whether your previous efforts to repair the problem satisfy the requirements of your state's lemon law. Most state laws allow the manu-facturer three or four chances to repair the defect or defects.
4. Write to the manufacturer if problems persist. Explain how burdensome it is to continually repair the car, and how your trust in the product's reliability has been shattered. Ask for reimbursement of your related expenses (such as a rental car, if it was needed), or other compensation for your troubled experience. Your particular state's lemon law will prescribe methods for doing so.
5. State in your letter that you wish to exercise your right to a refund or replacement of the vehicle, if you would rather not keep the lemon. Specify which option you desire.
6. Consider hiring an attorney if the manufacturer is unresponsive. Find an attorney who specializes in lemon-law cases. Remember, though, that only some state lemon laws allow a consumer to recover attorneys' fees when suing a manufacturer.
Tips: Your best defense against an uncooperative manufacturer is a thorough, specific and accurate service-record paper trail. This shows that you made the correct number of attempts to have the problems fixed, whether the defect was the same each time, or several different ones.
by Elizabeth Sinclair
Remember that if you're stuck with a lemon, your complaint is with the manufacturer. Although your instinct may be to blame the car dealer, the dealer is just the middleman for the defective product.
1. Document your repairs and be accurate with each problem. Obtain copies of all warranty repair orders from the dealer and keep notes of your reported problems. Also, keep notes of all conversations you have with service people, including the date, time and participants in these conversations.
2. Contact your state attorney general's office or conduct other research to determine the provisions of your state's lemon law. There are variations in each state's laws.
3. Determine whether your previous efforts to repair the problem satisfy the requirements of your state's lemon law. Most state laws allow the manu-facturer three or four chances to repair the defect or defects.
4. Write to the manufacturer if problems persist. Explain how burdensome it is to continually repair the car, and how your trust in the product's reliability has been shattered. Ask for reimbursement of your related expenses (such as a rental car, if it was needed), or other compensation for your troubled experience. Your particular state's lemon law will prescribe methods for doing so.
5. State in your letter that you wish to exercise your right to a refund or replacement of the vehicle, if you would rather not keep the lemon. Specify which option you desire.
6. Consider hiring an attorney if the manufacturer is unresponsive. Find an attorney who specializes in lemon-law cases. Remember, though, that only some state lemon laws allow a consumer to recover attorneys' fees when suing a manufacturer.
Tips: Your best defense against an uncooperative manufacturer is a thorough, specific and accurate service-record paper trail. This shows that you made the correct number of attempts to have the problems fixed, whether the defect was the same each time, or several different ones.
by Elizabeth Sinclair
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