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
วันพฤหัสบดีที่ 31 พฤษภาคม 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.
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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