Monday, November 2, 2009

Alabama Lemon Law

Definitions.
As used in this chapter, the following terms shall have the respective meanings as indicated:

1. Consumer.
The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

2. Motor vehicle.
Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.

3. Manufacturer.
The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

4. Motor vehicle dealer or Authorized dealer.
The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

5. Express warranty.
A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

6. Nonconforming condition.
Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

7. Notice of a nonconforming condition.
A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

8. Lemon law rights period.
The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Section 8-20A-2 Obligations of manufacturer.

1. If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

2. If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:
1. The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

2. All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

3. All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

4. Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

3. It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:
1. The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

2. The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Section 8-20A-3 Cause of action against manufacturer.

1. A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

2. It shall be an affirmative defense to any claim against the manufacturer under this chapter that:
1. an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or

2. a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.


3. If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.


Section 8-20A-4 Resale of returned motor vehicle.

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

1. The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

2. The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.

Section 8-20A-5 No dealership liability.

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Section 8-20A-6 Statute of limitations.

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

Wednesday, September 30, 2009

What Florida Lemon Law Covers

The Florida lemon law cover new and demonstrator vehicles and if they are leased, they are also covered. There is a list of vehicles that are not covered and they include trucks carrying more than 10,000 pounds, recreation vehicles, motorcycles and mopeds, vehicles purchased for resale and off road vehicles. If you are not familiar with the lemon laws, they are laws specially designed to protect those consumers who buy defective cars from car dealers and manufacturers. And in Florida, the laws are very active and they seek to deliver justice to every person who has been unfairly affected.

Therefore, if you find that your car is a lemon, you can follow the steps provided and you will achieve your desired goal. The first thing is to take your car to the repair shop and keep a record of every visit. You will eventually find that if it is indeed a lemon, there is no cure for it. Florida lemon law provides that you take the car at least 3 times. You are advised not to waste any time and the next thing you do is to notify the manufacturer through certified, registered or even express mail. The next step is to seek a solution through the arbitration programs and in the manufacturers' one, the two parties come together with a third party who will act as a mediator and take them through the dispute.

In Florida, these arbitration programs are very vital and are necessary before they can move to the next stage. The next is a state arbitration program where the New Florida Arbitration Board seats to come up with a solution to the case and if the lemon owner wins the case, they are given a refund or replacement and also, the other incurred costs are catered for. The consumer may be told to choose between a refund or replacement. Florida does not have a used car lemon law but, people with a problem can follow the same procedures and they can be helped without the need to quote from the Florida lemon law.

If you need to consult an attorney for more light on this, you can do so and, more detailed steps will be laid for you. On the internet, you can read the law and get to understand all the aspects pertaining to the Florida lemon law. You will also get to know vital information on consumer litigation and so many other topics about the lemon law. You can read this information courtesy of the Florida Attorney General's office. The Florida lemon law is a new law and it covers that vehicles I have Mentioned in the article. The things you should not forget are the documents that will support your case and they will include repair orders, warranties, purchase documents and others. It is vital that you keep them in a correct order to make the work easy. Therefore, if you live in Florida, you do not have to worry because of a lemon case because there is a solution thanks to the state lemon laws.

Thursday, September 17, 2009

Lemon Law Basics Reviewed

If you think you have a lemon car, or maybe you already know you do, then you need to know a few basic things regarding lemon laws. Your number one goal is to get your money back and these lemon law basics can help get you on the road to doing that.

Lemon laws do vary from state to state, but the they basically are designed to get you a refund or a replacement vehicle. State and federal laws offer a wide variety of ways consumers can get relief if they have bought a bad vehicle. One thing in the buyers favor is the recovery of attorney costs. This is an incentive for attorneys to represent you as they are getting paid by the seller if you win your case.

Some states stipulate a refund or a new car if the vehicles problems cannot be repaired within four tries, or if the car has been out of service for around a month within the first year or 12,000 miles driven.However,some states only provide you with the chance to make one attempt for significant safety related issues such as the brakes or steering.

Many states do not stop with just providing you with either a refund or a new car. Some of them will also let you recover any sort of attorney's fees that you have to deal with when trying to get some satisfaction from your purchase of a lemon. This should make sense for you to take advantage of the lemon laws in your state and hire a professional attorney who deals with these issues on a daily basis.

Every state in America now has a Lemon Law that is built to protect consumers from dealerships. It allows the car buyer to exchange the messed up vehicle for a new one or to have the manufacturer buy it back from them.

In most states, the Lemon Law only applies to problems that pop up during the first year or 12,000 miles of ownership. You can obtain the rules and procedures if you need to make a claim under the Lemon Law in your state by calling the administrator of the state which you can find in the phone book.

Once you've established that the manufacturer is going to buy back your car, the battle will switch over and become about the vehicle's value. You want the per-mile charge to be as little as possible so that you can get the most for your money on the return.

These are just a few lemon law basics. Again contact a good lemon law attorney and set down and review your case. If you legitimately have a claim to make then use the lemon laws in your state to your advantage.

Sunday, August 23, 2009

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.

Getting Help from a Lemon Law Attorney

If you purchased a vehicle that spends more time being repaired than it does being driven, then it might qualify for the lemon law. People are sometimes sold vehicles that have a long history of mechanical issues. If the mechanical issues keep repeating, then you may have a “lemon” and the lemon laws can assist you. This happens when your car still doesn't work even after you have spent a good amount of money to repair the same problem over and over. How can you be assisted by the lemon law?

If you feel your car is a lemon, a lawyer can help with getting the car returned and your money back. The lemon laws were created to protect consumers. If mechanical problems are preventing you from using your car because it's always in the shop, the California lemon laws can protect you.

If your newly purchased car is in good mechanical shape when you leave the lot but starts having recurring problems shortly after, the lemon laws can help protect your rights. It might not happen immediately, but it could happen after you have been driving it for a while. If you are having problems with the person or dealer you purchased it from, you may need a lemon law attorney to intercede.

If you have a problem car, the lemon laws and a lemon law attorney can help you. A lemon law attorney can advise you, protect your rights, and get you satisfactory results if the dealer you purchased from won't.

How an Asheville, NC Lemon Law Lawyer Can Help You

Believe it or not, consumer rights attorneys are a different breed of lawyer. They stay abreast of what is going on in the world of goods and services in an effort to make sure you--the consumer--are protected from buyer's scams like getting stuck with a "lemon" or becoming a victim of a vehicle "yo-yo" sale. In the event that you find yourself with a lemon in your driveway, your best bet is to get in touch with a qualified and experienced lemon law lawyer. Asheville, NC is home to many a great North Carolina lemon law attorney. Find one to help you with all of your lemon law or consumer protection needs. The right lawyer will educate you on the process, make sure your case meets criteria for protection under the lemon law, and ultimately, get you the compensation you deserve. Don't compromise your rights as a consumer by letting yourself fall victim to a dealership's financial trap. Get in touch with an Asheville NC lemon law lawyer today to see what kinds of legal resources you have available to you.

If you've ever bought a brand new vehicle only to find out that you have been stuck with a vehicle with one or more defects, rendering it inoperable or unsafe, then that would be a good time to contact an North Carolina lemon law attorney. In the event that you do have a lemon, it's probably best not to challenge the dealership on your own. NC lemon law, like most legal varieties, can be more complicated than it seems, and therefore it's better to have a qualified Asheville NC lemon law lawyer to interpret it for you and go after the compensation you deserve. If you're concerned about your ability to pay legal fees, particularly since you've already lost money from the purchase of a lemon, then not to worry. Most consumer rights attorneys and lemon lawyers work on a contingency basis, meaning they only get paid if you get paid.

So how do you find the right lemon law lawyer, Asheville NC? As with any attorney you hire, you'll want to make sure they have a history of aggressive representation, quality trial skills, and substantial recoveries. Find out how long they've been in practice in your city and what their rate of success is when it comes to protecting consumer rights and winning North Carolina lemon law cases. Don't hesitate to "interview" them to get an idea of whether they'll meet your needs or not. Ask around in your community to find out if anyone has used them and whether or not they come highly recommended.

Once you think you've found the right North Carolina lemon law lawyer, give them the complete details of your situation, as well as any documentation (vehicle title, receipts, repair orders, a list of your complaints about the vehicle, etc.) you may have accumulated from the moment you purchased the vehicle to the moment you've decided to contact an attorney. This will help them determine the degree to which they can help you, as well as how much they think your case is worth. Good luck!

How To Make Georgia Lemon Law Work For You?

Lemon laws are formulated to help a consumer if they have a serious problem with their new car and this is exactly what the Georgia lemon law does. A new car is considered a lemon in Georgia when it proves to be unsafe and unreliable, even when there has been repair attempts with no success. Georgia lemon law does not cover used cars and you have to follow a legal process when you need to make a claim. The vehicles that are covered in this state are new and leased cars or registered by the original buyer in Georgia. Other vehicles that are not covered are mopeds, motorcycles, ATVs, trucks weighing over 10,000 pounds, those that are not self propelled and boats. When you have a vehicle you suspect to be a lemon, the first thing you should do is to take it to the repair shop and alert the manufacturer of the problem.

Your entire case should be within the warranty period because it is the only time that a vehicle can be considered a lemon. Once the problem has not been fixed after several attempts in accordance to the Georgia lemon law, the car owner fills out a notice to the manufacturer of final opportunity to repair where the manufacturer is given 7 days to ask the vehicle to be taken to a repair shop where it has 14 days to be fixed. If the vehicle cannot be fixed, the car owner sends a letter which is certified to the manufacturer asking for a refund and he has 30 days to settle the claims.

You can read more on how the refunds and replacements are agreed upon on the internet when you search for Georgia lemon law. If the manufacturer of the lemon does not comply, the lemon owner has 60 days to file his complaint with the office of consumer affairs in Georgia. There are arbitration channels to follow that the state provides and your case is likely to be solved before it reaches the judicial system. There are many sites that you can print this guidelines for your own personal reference. You will learn that you can appeal your case to the supreme court if you are not satisfied with the ruling and when you win, attorney fees will all be paid plus the lemon compensation.

When you are preparing for the process, the Georgia lemon law will work for you if you have the necessary documents that will strengthen your case. Some of the documents include your warranty, repair orders, your receipts for the payment of the lemon and others. You therefore need to keep everything safely to avoid a compromise that may cost you the case. Georgia lemon law has helped many to claim for their rights and the law has worked very well. Manufacturers are therefore aware of what to expect and they try as much as they can to avoid the selling of lemons and those who do not comply with the standards regulations find themselves in the web of justice. The law will continue to do its work for a long time to come.

Wednesday, July 29, 2009

Protect Yourself With the Lemon Law, North Carolina

Are you beginning to think that the shiny new car you recently purchased is a lemon? In general, for a vehicle to be deemed a lemon, it has to be somewhat new and still qualify for protection under the manufacturer's warranty. Some states require that the car be less than a year old or has been driven for fewer than 12,000 miles to meet the criteria set forth by the lemon law. Secondly, the problem(s) must be serious enough to affect the vehicle's ability to operate safely. Transmission or brake problems, for example, are considered serious, but cosmetic problems like worn out leather interior or peeling paint are not. Finally, you have to give the manufacturer a reasonable chance to repair the problem. This all depends on your state, but it is normally somewhere along the lines of three attempts to fix the same problem or the vehicle remaining at the mechanic's for 30 days or more.

Lemon laws can be confusing to interpret and difficult to understand. This is why it is very important you get an NC lemon law attorney to represent you. Lemon law lawyers are qualified and knowledgeable when it comes to filing the right paperwork and following the correct procedures. Don't risk taking on the stress and red tape of going it alone when you can get guidance from someone who specializes in North Carolina lemon law.

How can an expert in the lemon law, North Carolina or whatever state you live in, help you? It's quite simple. If you suspect that your new car might be a lemon, an NC lemon law attorney can help guide you through the process of making a formal complaint to the vehicle manufacturer. If you don't live in NC, seek someone in your area. Lemon law attorneys who are familiar with your state's laws understand the steps that you need to take to make a complaint to your vehicle's manufacturer, and can help you get the outcome you desire. The dealer or manufacturer should be quick to honor the lemon laws set up to protect consumers, but NC lemon law attorneys can take them on when they are attempting to escape their legal responsibilities, and make sure that you are taken seriously.

So how do you go about finding a good NC lemon law attorney? When it comes to folks who specialize in lemon law, North Carolina or elsewhere, you have plenty of options. But with so many legal practices in every city and town across the country, it can be difficult to know how to choose the right lemon law lawyer. Your best bet is to take recommendations from people you trust, and then make sure you have a consultation with the lawyer before you decide to hire them. Look for someone who's reputable and highly experienced, and you should have no problem finding the right fit for your case.

Get a free quote and more info from your lemon law North Carolina lawyer: Sean Soboleski at http://www.nclemonlawattorney.com

Thursday, July 16, 2009

A Good Lemon Law Lawyer To Take You All The Way

Don't let that sweet-talking manufacturer lead you up the garden path where your rights are concerned. Violation of consumer rights is a serious offence these days and you have every right to stake your claim when stuck with a "lemon". When you are seeking justice for your "lemon" piece of automobile, it is always worthwhile to hire the services of an efficient lemon law lawyer.

Okay, don't shrink. It is true that a lemon law lawyer will be a pinch on your pocket, but you can be sure that he will save you a lot of costly legal hassles in the long run. Furthermore, there are many lemon lawyers who don't even charge you anything until you win the case.

A lemon law lawyer is the best person around to consult. He is the one to guide you through the entire process of claiming and protecting the consumer's interests. Your vehicle is classified as a "lemon" only after you and the manufacturer have explored and exhausted all the avenues of fixing it within a specified period of time. There have been instances when even though the vehicle did not fall under lemon law, a skilled lemon lawyer had been able to clinch a handsome compensation or even a replacement on grounds of breach of warranty.

If the frightened manufacturer is pestering you to go for an out-of-court settlement, consult your lemon law lawyer on whether this will abide by the rules of the Federal Trade Commission. There are statewide variations in lemon laws and in some states, it is essential that you go through a mediation procedure to be able to sue under the lemon law. It is only a skilled and knowledgeable lemon law lawyer who will be able to guide you through these intricacies of lemon laws.

By far the most obvious advantage of soliciting the help of a lemon law lawyer is that he is well versed in the ways and the tricks of the trade. The manufacturer will leave no stone unturned to deceive you and have you dancing to his tunes. A lemon law lawyer is just the perfect person to have around during these times, as he will know exactly what the manufacturer has on his mind and play his cards accordingly.

A lemon lawyer is just the person to file the lawsuit for you. These are legal formalities that involve a lot of complexities and it is best that you let someone well up in the ins and outs of law to do the paperwork for you. A good lemon lawyer knows that it is best to remain under the jury system of trial, which normally has a soft spot with the claimant who is stuck with a car making all the wrong noises.

When you are going in for a lemon law lawyer, it is best to check his credentials and experience. A lawyer with say two decades of experience in tackling lemon law cases is definitely worth his salt many times over than the greenhorn who is fresh out of college. Lemon laws differ by the state so if you are living in Wisconsin, it is always a good idea to hire the help of a lemon lawyer who has the Wisconsin lemon laws at the tip of his fingers. There is just no need to knock the doors of a New York-based lawyer.

A good lemon law lawyer is your only way out when you have a lemon stalled in your garage and want to glean something out of the notoriously stingy and unyielding car manufacturer.

Friday, July 10, 2009

Avoiding Lemon Cars

The California lemon law protects buyers from car defects. The law provides compensation to buyers who bought a vehicle with defects; this includes cars, trucks, motorcycles, boats, RVs and other vehicles.

Initially, the term lemon was used only for new and used cars bought and then later discovered to have some defects, but now the term lemon is now associated to any products with defects discovered after purchase.

To note, under the California Lemon Law, a vehicle is considered a lemon if it fails 2 attempts at repairing life-threatening defects.

The California Lemon law covers all vehicle nonconformities. This refers to any car defect or malfunctions that:

• The manufacture’s new vehicle warranty covers
• Impairs the use, value or safety of the vehicle

The lemon Law does not cover car defects that are caused by unauthorized or unreasonable use.

New and Used Lemons
New cars may be considered a lemon if a car defect is discovered after purchase. The car defect may occur in the design or during assembly.
Parts and wirings may not be placed correctly and can put the driver’s life in danger.
Bought used cars are considered lemon once it is proven that the car was not used properly before purchase. The car defect may be because of improper maintenance or a product of a car accident, which results to poor performance by the car.

A common malpractice done by used car dealers is tampering with the parts of the car to give impression of low mileage and to hide technical defects of the car.

A form of a used car lemon is the “cut and shut” cars. This is a type of car body repair that cuts the damaged part then is replaced with a section from a similar car. This type of repair is unsafe as it will not hold and will fall apart in strenuous conditions like a car collision.

This is especially dangerous for cars with “unibody” or cars that have the floor, roof and other panels welded together to produce a car unit. “Unibodies” are designed to absorb more force but is prone to bending. And with “cut and shut” repairs, it is more susceptible to being totaled after a collision.

Avoid Lemons
Before buying a car, new or used, you should look out and protect yourself from lemons.
You can follow these tips to avoid buying a lemon.

• Research – Research on the model and manufacturer of the car. Find out if there has been a recall on the model of car you wanted to purchase, research the safety and maintenance history of the said car and ask mechanics how many times do they encounter the said model in their shops.

• Get opinions – Talk to people who own the same model as the car you want and ask if they encountered any problems and/or are they satisfied with the car.

• Get vehicle history – When buying a used car, ask for the history of the car. Make sure it was not involved in any major accidents and if there are parts of the car that has been changed. Take a trusted mechanic to check for any car defects.

• Be suspicious of cheap cars – Find out why said car is priced low. Unscrupulous dealers may be selling you a defective car that can put your life in danger.

To help you pursue car accident claims caused by car defects, consult with our skilled car accident lawyers. Visit our website and call us toll free for legal assistance.

Tuesday, July 7, 2009

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.

Wednesday, July 1, 2009

Lemon Law - Don't be a Victim


Lemon laws differ from state to state across America, although the very basics of the law are standard throughout the United States. They were implemented to protect the consumer. In a lifetime the purchase of a vehicle is probably the second most biggest purchase a regular consumer will make, and thus the lemon laws have been designed with the aim to prevent any wrong doings or faults occurring after a sale from a trusted manufacturer or dealership. Lemon laws differ from state to state across America, although the very basics of the law are standard throughout the United States.

The lemon law allows consumers a standard definition of what considers a vehicle to be classed as a lemon. The law also states that the manufacturer is to be held responsible for problems and additionally continues to define how matters should be handled when a lemon is in involved. The lemon laws set up a warranty period that is usually between a 12 and 24 month period. As well as this it also specifies how many attempts must be made to correct the defect before a refund or replacement is ordered. Generally serious defects that would affect the safety and security of passengers whilst in the vehicle are only granted one attempt to the dangerous error. Defects of a substantially lesser value are allowed three attempts. When a refund has been issued there are dedications for use of the vehicle, usually correlating with the number of miles on the vehicle. Not every vehicles situation qualifies under the lemon law, so checking one local state regulation is important in determining whether or not one can instruct the use of the law.

Once a consumer is aware of their situation within the lemon law, there are several steps that should be instructed. Repairs have an important legal part of the lemon law, as previously mentioned, and here are a certain number of attempts allowed to try to repair the defect. It is essentially very important that the consumer keeps good repair records to prove the attempts have been made. The manufacturer must always been in the picture and informed of any repairs that have been carried out or attempted to be carried out. It should be then that you are set up to receive a refund or replacement. High stats show that the manufacturer will quite often disagree with you, and thus the consumer may have to go to court to resolve the matter.

California Lemon law – Car Buybacks – California Lemon law Cars

Are you the one who purchased the used car from the dealer auctions?

If so, be careful in purchasing the car in auctions. They may sell it because of some major problem.

California lemon cars are bought back by manufacturers if is under warranty and if it has any critical or chronic defects. It has a labeling law, which requires car title to be branded with the label “lemon”. The California lemon law is very useful to prevent the manufacturers from reselling the lemon cars to dealers. Not all states requires the cars to be labeled as lemon as implemented in California. In this article I would like to discuss the lemon law case of Fran Fontanez. Two years back, Fran Fontanez and his wife saw an advertisement from the dealer Cold Brook Saab of Skowhegans, Maine and bought 2003 Saab 9-3 with 21,000 miles which had a full factory warranty.

Fontanez paid $17,000 for this voluntary buyback car. Every thing went smooth for few days. But after the first few days the car had to undergo subsequent repairs of 17 times covering $9,800 in bills by the end of March 2007, which was covered under the car’s warranty. Then at 44,000 miles the engine failed and he took the car to the showroom to return it back. The dealer informed that it was the engine problem not the transmission problem and he was not ready to take the car back. Then Fontanez started to research the car’s history, tracking its original papers and found that it was a “Lemon buyback”, meaning it has recurring defects. At last he filed a case to get back the money he invested, which has sat unused in his garage for more than a year.

In this case, Fontanez says that the car dealer has not informed him about the used car that was branded as a lemon in California. Due to this the attorneys of Cold Brook Saab, the dealership has dismissed the case saying that, they have met all of Maine's legal requirements in this case. The issue of this case has brought attention to some of the attorneys and consumers, who says that state laws need further amendments to protect consumers. This is because Maine has no such law. So be vigilant before you buy any used car from the dealer, from the owners or, in auction and protect yourself with the consumer rights.

There are some things to look into, before you buy any used car. First thing is why they are selling the car and make sure that he isn’t selling it because of some major car problem. Secondly see whether used car needs any repair so that you can determine if it is even worth pursuing it. Finally see for mileage, to find out a real value on used car and make sure it is not a lemon buyback by reviewing the complete history of car, which might help you in protecting your consumer rights. For having a case review of such used car lemon buy back problem in your state or any information visit www.Yourlemonlawrights.com, where you can resolve your claim with the manufacturer at no cost to you and even get compensated.

California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more.

Understanding Lemon Law

Lemon laws differ from state to state across America, although the very basics of the law are standard throughout the United States. They were implemented to protect the consumer.

In a lifetime the purchase of a vehicle is probably the second most biggest purchase a regular consumer will make, and thus the lemon laws have been designed with the aim to prevent any wrong doings or faults occurring after a sale from a trusted manufacturer or dealership. Lemon laws differ from state to state across America, although the very basics of the law are standard throughout the United States.

The lemon law allows consumers a standard definition of what considers a vehicle to be classed as a lemon. The law also states that the manufacturer is to be held responsible for problems and additionally continues to define how matters should be handled when a lemon is in involved. The lemon laws set up a warranty period that is usually between a 12 and 24 month period. As well as this it also specifies how many attempts must be made to correct the defect before a refund or replacement is ordered. Generally serious defects that would affect the safety and security of passengers whilst in the vehicle are only granted one attempt to the dangerous error. Defects of a substantially lesser value are allowed three attempts. When a refund has been issued there are dedications for use of the vehicle, usually correlating with the number of miles on the vehicle. Not every vehicles situation qualifies under the lemon law, so checking one local state regulation is important in determining whether or not one can instruct the use of the law.

Once a consumer is aware of their situation within the lemon law, there are several steps that should be instructed. Repairs have an important legal part of the lemon law, as previously mentioned, and here are a certain number of attempts allowed to try to repair the defect. It is essentially very important that the consumer keeps good repair records to prove the attempts have been made. The manufacturer must always been in the picture and informed of any repairs that have been carried out or attempted to be carried out. It should be then that you are set up to receive a refund or replacement. High stats show that the manufacturer will quite often disagree with you, and thus the consumer may have to go to court to resolve the matter.

Thursday, June 25, 2009

Lemon Laundering


When a manufacturer buys back a lemon vehicle, what happens to it? Many consumers assume that the vehicle is scrapped and destroyed, but the truth is that an estimated 95 percent of lemon cars, lemon trucks, lemon RVs, and lemon motorcycles are resold. Sometimes potential buyers are given full access to information about the vehicle's history, and knowingly buy a returned lemon. In other instances, though, the high demand for late-model used vehicles lays the foundation for consumers to be duped into unknowingly buying a returned lemon. Misrepresenting or concealing the history of a lemon vehicle is known as "lemon laundering."

Lemon Laundering Laws and Regulations
Laws regarding lemon laundering vary widely from state to state; indeed, only 19 states mandate that a lemon's title carry a warning. Even states that have lemon laundering laws can differ in their definition of a lemon; some limit affected vehicles to those repurchased as a result of a Lemon Law claim, while others also include vehicles voluntary repurchased by manufacturers. Some consumer advocates have accused manufacturers of rerouting lemon vehicles and selling them in states that have more lenient laws about consumer notifications. Others say that manufacturers sell lemon vehicles at auction, and that unscrupulous people who purchase the lemons then resell them to unsuspecting buyers at retail prices. The result? A doubly sour experience.

In 1995, consumer groups filed a petition with the Federal Trade Commission, urging the FTC to address the problem of lemon laundering. The FTC launched the Vehicle Buyback Disclosure Project, and held a public conference where a variety of lemon laundering proposals were discussed, including one that would require manufacturers to re-register lemons that were repurchased (either voluntarily or as the result of a lemon law claim), and to make a notation that the vehicle was returned. Because consumer groups were concerned that a federal regulation would override stronger state laws and a consensus could not be reached about a strong federal regulation, the FTC did not take action on the matter.

Check Before You Buy
If you're considering buying a used car, there are a few steps you can take to protect yourself against lemon laundering. First, you can check the vehicle's history using AutoCheck or CARFAX. Both services provide a title check, odometer check, problem check, and registration check. While both services endeavor to keep up-to-date records, consumer advocates express concern that some information can still slip through the cracks. Second, you can take the VIN to a dealer and request a copy of the vehicle's repair history. Third, you can arrange for a vehicle inspection before you commit to buying it. Finally, keep in mind that, if the price of the low mileage used vehicle seems too good to be true, it probably is.

If You Have a Laundered Lemon
If you suspect that you own a laundered lemon, there are a number of avenues of legal recourse you can explore. Because different federal and state laws come into play, it's in your best interest to retain the services of a Lemon Law attorney to fight for redress on your behalf.
If the vehicle you purchased is relatively new, it may still be covered under the original manufacturer's warranty. Your purchase is also covered under the federal Magnuson-Moss Warranty Act. If you live in a state where there is a law regulating the resale of lemon vehicles, and you were never notified that the vehicle you bought was a lemon, you have cause of action on that front. If the title or other documentation didn't say the vehicle was a buyback, an express warranty exists that the vehicle was not repurchased by the manufacturer. Similarly, not disclosing a vehicle's repair or buyback history can be a violation of state Unfair and Deceptive Acts and Practices (UDAP) laws. If there are problems with the vehicle's title, they may be covered under state laws relating to the Uniform Commercial Code (UCC).
It takes a considerable amount of research to determine if a vehicle is a laundered lemon, and extensive knowledge to ascertain which legal avenue will give you the best chances of success. A Lemon Law attorney will be able to perform the necessary research and build a case that will enable you to get justice.

What are Your Rights?


If you own a lemon car, lemon truck, lemon RV, or lemon motorcycle, you have rights under your state’s laws, as well as rights under federal law. Although Lemon Laws vary from state to state, if your vehicle qualifies as a lemon, you may be entitled to:

*Have your vehicle replaced with an identical or comparable model *Receive a refund of the price you paid for the vehicle, less a deduction for mileage
*Reimbursement for other damages or costs associated with your lemon vehicle
*Other damages, as well as punitive damages

The interests of dealers and manufacturers
If you own a lemon, you’ve probably experienced enormous frustration when you’ve taken your vehicle in for repair. You may have asked yourself why the dealer or manufacturer simply doesn’t give you a replacement vehicle or refund. While this would happen in a perfect world, manufacturers and dealers want to save money. As a result, most of them use delay tactics or make you jump through hoops in the hope that you will either go away or that the Lemon Law time period (which differs from state to state, but is usually between one and two years after purchase) will expire. This is the reason why Lemon Laws were enacted in the first place.

The role of a Lemon Law attorney
Generally speaking, it's best to have an attorney represent you in your Lemon Law claim. While you don’t need a Lemon Law lawyer in order to file a claim, having one will significantly increase the chances of getting the settlement you deserve. Vehicle manufacturers have powerful legal teams that are adept at avoiding Lemon Law claims, and often only obey the law when they’re faced with the threat of a lawsuit by Lemon Law experts. When they are, they usually settle very quickly, since they know that the cost of going to court will be much higher. For these reasons, it's in your best interest to have an advocate who knows the law and works on your behalf.
Some states require that you go through arbitration before filing a lawsuit, while others mandate it only if the manufacturer's arbitration process is certified, and still others leave the question of entering arbitration up to the consumer. In addition, you are not necessarily bound by the decision of the arbitrator. Even if you decide to enter arbitration, it is a good idea to have legal representation.

A good Lemon Law lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a settlement. Your Lemon Law attorney should conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer or enter into arbitration.

The costs of a Lemon Law attorney
You shouldn’t have to pay a Lemon Law lawyer to handle your Lemon Law case. That's because the law says that the manufacturer is responsible for paying the consumer’s attorney’s fees in successful Lemon Law claims. Most of the time, manufacturers pay legal fees as part of settling your claim. If your case goes to trial or arbitration, the court will order the manufacturers to pay attorney’s fees. Either way, you shouldn’t have to pay anything.

Remember, although you can file a Lemon Law claim on your own, it’s in your best interest to have an attorney to fight for your rights.

Lemon Law Tips and Pointers


If you’ve been dogged with vehicle problems and think that you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, you have rights under your state’s Lemon Law, as well as under federal law. To get the best possible settlement and the greatest compensation, however, it’s extremely helpful to keep thorough records. When you do, you can easily prove that you have followed the procedures necessary to classify your vehicle as a lemon. Here are some tips to get you started:

Keep a logbook. Whether you use a spiral bound notebook or a computer spreadsheet, make a notation every time you speak to or visit the dealer or manufacturer. This proves that you have given them ample opportunity to fix the problem.
Write down every communication. In your logbook, write down the date and time, as well as the name, title, and phone number of the person to whom you spoke. Make an entry outlining the information and instructions you were given.

Keep track of your vehicle's performance. In your logbook, note the times and dates when the problems occur.

Note the days your vehicle is unavailable. In your logbook, record the dates you are unable to use your vehicle, either because it isn't in working condition or because it is in the shop for repair.

Keep repair records. This may seem obvious, but it's important to keep the original paperwork of all repair and maintenance orders – even those that may not pertain to the recurring problem with your vehicle. Never leave your vehicle at the dealership without a copy of the work order.

Keep every piece of written correspondence. Hold on to a copy of every letter and email you send, as well as proof of delivery. Some states require that you contact the car manufacturer via certified mail, so it’s important to understand your state’s laws. Keep a folder with correspondence and delivery documentation.

Use the Web. If you want to know if your lemon car or lemon truck has a history of problems, check the Technical Service Bulletins (TSB) for your vehicle at http://www.nhtsa.dot.gov/. TSBs alert dealerships to defects and repairs for certain models. Request that the dealer's service representative write your TSB request on your repair slip.

Thursday, June 18, 2009

" What you need to know to get a good lemon law lawyer "

Lemon law lawyers act a lot like a detective on your behalf, their first task when they are retained is to reconstruct the entire history of your car, from the date of production to the time the case is opened. These lawyers will help you to determine:

• whether the vehicle was damaged at the time of delivery;
• if the financing paperwork can prove that there was an obvious fraud or deception committed against you;
• whether repairs were attempted by the dealer beforehand to cover up any defects;
• the time actually spent for each repair;
• the amount of money that was paid by the manufacturer for warranty repairs;
• whether that model has any known defects that the dealers knew about;
• Whether there are any actual service file notes that will reveal any unresolved, undisclosed safety concerns and other inquiries.

As you can see, the attorney you choose to represent you in your lemon law case is an extremely important part in the success or failure of your case. Now, since the lawyer will get paid whether you win your case or not it seems like a good idea to pick one that knows what their doing.

So, here are some things that you'll need to consider when you're shopping around for a good attorney to handle your lemon law case. For instance, you will want to get a consultation to figure out exactly what type of lemon case you have. After that, you can follow the tips I'm listing below to help you to find the right lemon law attorney to handle your case.

EXPERIENCE
You should make sure that the firm or lawyer that you choose has experience in handling your specific type of case. The law has become very specialized in lemon cases and you will need a law firm that is not new to this area. Otherwise they may not know how to get the best results for you. However, you should be wary of any law firms which use the term "experts" or "specialists" because they're not legally allowed to use those terms.

NUMBER OF ATTORNEYS
You should also ask how many lawyers in that firm are not only licensed in your state, but how many of those lawyers can actually handle your lemon law or other type of case. Just like in any other type of company, people get sick or leave for whatever reason. Since your case will likely take many months to resolve, you want to be sure there is another attorney in the firm who can take over if your own lawyer can't continue for any reason.

ATTENTION
You also want to make sure that you can meet your attorney before he or she represents you. Just like a doctor, a lawyer is a professional that you trust a very important part of your life to. Because of this, you should be wary of any firm which will not allow you to meet your attorney or those who give you the run-around. You should always know what is going on in your case.

LOCATION
You should also make sure that your lawyer is at least located in the same State where your case will be handled. In general, lawyers must be licensed in the State in which they are doing their legal work in order to practice. If the lawyer is not located in your state, he/she may have problems effectively representing your interests.
If your lawyer is forced to travel great distances to appear on your behalf, or if he/she is hiring someone else to make any court appearances on their behalf, you should consider whether this will influence his/her judgment when he/she confers with you about any settlement offer made by the opposing side.

REPUTATION
Believe it or not, a lawyer’s reputation is one of the most important things you need to consider when you make a decision. How other lawyers feel about his/her performance and more importantly how former clients feel will give you a good idea what that lawyer can do for you. Most lawyers will freely and willingly give you information about their reputation if asked and some will even provide you with proof of their track records if you request it. Also, if you know someone who has had to deal with a lemon case, you can ask them how their lawyer was with them. All of these things can help you in choosing your next lawyer.

COST
One thing you should consider is the cost of all this. Not all states will allow you to recover the whole amount of the lawyers fees under the state lemon laws, this is why I highly suggest you take the time to research the laws in your state. However, the Magnuson-Moss Warranty Act is a federal law that may allow you to recover the cost of hiring a attorney. If your state laws don't allow recovery of fees, or even if they do, you will still want to be sure that the cost of the lawyer is affordable because there is no guarantee that you will win your case once it gets to court. You need to be sure that you can afford the lawyer that you get. Since some will require a retainer, it is best to ask about this up front. For those that do not, know that you will either have to pay the fees along the way or out of the award at the end.

Now, here's the thing. If the attorney is any good and confident in their ability to win your case for you, they should be willing to take your case on a contingent fee basis. Which means if they don't win your case for you it won't cost you anything. The worst case scenario should be that you have to pay a down payment and make payments along the way. One other thing, make sure that if the fees are on a contingent basis that they are set fees and not a blanket percentage of your eventual award.

Personally, if I had to go thru all this again I'd only choose a confident lemon law lawyer who would take my case on a contingent fee basis. This is my own personal opinion though, you should always be sure to do the research required to know your rights, that way you can make your own decision based on your best interests.

So, now that we've covered all that, here are some quick questions that you should ask your lawyer before hiring them or even considering them. Check for quick and concise answers and ask them to put all in writing before you make any final decisions.

1. How many cases like this have you handled before and what was the result of those cases?
2. What are the resources that you and/or your firm have at your disposal?
3. Are you going to try to settle out of court or do you push for court trial?
4. What are any and all of the upfront fees? If there are none, how much of the settlement do you take upon trial end?
5. What type of billing procedures does your firm require, and do I get a detailed report in writing?
6. If you will be itemizing the costs, can I get a detailed and itemized written report of the costs each week?
7. Do you have a working knowledge of lemon laws in my state?

These are just some of the questions that you should ask before hiring your lawyer. You also want to be sure that they can provide you with details on what you have that will make your case for you. You don’t want a lawyer that just wants to make a few bucks, you want proof that you have a case that you can win, otherwise, you will not only be stuck with a car you can’t use, but you might end up having to make payments to a lawyer as well.









Is It A Lemon Car ?


"What has to be wrong with your car to qualify it as a lemon?"

The first thing you need to know in dealing with your new lemon car is whether or not it actually qualifies as a lemon. After all, it does no good to try to exercise your rights under your states automobile lemon law if your car isn't a "true lemon".

So, the question is, do you have a lemon car?...........Well, that's what we're going to answer here.

But first, what DOESN'T qualify as a lemon. Now, if the paint is just peeling, or if the light switch came out when you pulled on it, or if the car is starting to make strange noises, but it's safe to drive it doesn't qualify as a lemon.

If you found a bunch of stuff you don't like about your new car but none of them actually makes the car undrivable or dangerous, you don't have a lemon.
But, if the brakes don't work, or it won't go into reverse, or it won't start on cold mornings or hot afternoons, or the car barely runs at 30 mph when it should easily be going 50 mph, then you may have a lemon. This of course, only applies if you have given the manufacturer an chance to fix it.
In most states, 10 different defects during the warranty period do not automatically make the car a lemon. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem within 1 attempt.
As a general rule if your car has a serious defect that is unrepairable or is still defective after giving the manufacturer a reasonable chance to fix it AND all this happened during the warranty period, you may well have a lemon on your hands. Of course this is just a generality, every state has it's own automobile lemon laws and you'll have to go by your state's lemon law guidelines to determine if your car qualifies as a lemon.
You may have a lemon, but if you do nothing to protect your rights, like keeping track of all repairs and giving the manufacturer a chance to fix the problem, you could lose all rights under the various state lemon laws.
Ok, so you've checked your state's lemon laws and you are pretty sure you've got a lemon. Now what? Well, it would probably be a good idea to be sure of exactly what your responsibilities are as a lemon car owner as well as the responsibilities of the manufacturer.

Tuesday, June 9, 2009

The Lemon Law Protects You and Your Family

If you think you have a lemon, then you probably do. Thankfully, you also have rights.

The Lemon Law, technically entitled the "Song-Beverly Consumer Warranty Act," protects residents of California from defective vehicles and allows Californians to take legal action against the manufacturers.
The Lemon Law is fairly straightforward and easy to understand. The manufacturer must either replace the vehicle or reimburse you an amount equal to the purchase price, if the manufacturer cannot repair your vehicle after a "reasonable" number of attempts.
A "reasonable" number of attempts is defined as the manufacturer being unable to repair the same defect after four tries. If the defect is "life-threatening or likely to cause serious bodily injury," however, you are only required to have two repair attempts. Additionally, if the vehicle was inoperable for a cumulative total of thirty days, so long as the repairs are attempted within the manufacturer’s warranty period, this would be considered "reasonable" under the Lemon Law.
The manufacturer must pay for license fees, rental expenses, towing, and out of pocket repairs in addition to replacing the vehicle or reimbursing the vehicle purchase price. Attorney's fees and other losses may be paid.
But beware - there are conditions. The use, value, or safety of the vehicle must be affected by the defects, and the vehicle must still be under the original manufacturer's warranty. For example, under the Lemon Law, a constantly broken cup holder would not qualify.
Different laws also apply to off-road vehicles like motorcycles, motor homes, and other such vehicles. The manufacturer is additionally entitled to take a deduction for mileage accrued on the vehicle prior to the defects occurring, and other restrictions can be applied.
The ability to rid yourself of your lemon and regain most, if not all, of the cost of buying the vehicle (including loan or lease expenses incurred post-purchase) are advantages for you. You could also get back a good portion of other losses resulting from the malfunctioning vehicle. This proves that the Lemon Law truly is a law designed to protect the consumer.

Monday, May 4, 2009

Inexpensive San Francisco Lemon Law Attorney

Arbitration in the lemon law is not that complicated in the court trials. This is because a judge and a jury is not necessary to decide on the matter. People will hear the case, have a legal car and know what to look in detail to make a decision. These are things I haven’t really thought of before. That is a competitive industry. Silence is golden.
If you are the customer who wants arbitration, it is necessary to complete the form, have copies of all documents, including those designated written request for the manufacture to obtain a refund or replacement, the file to a request for arbitration within 1 to 2 years of the vehicle’s original delivery date and payment of the fee deposit. If your request for arbitration be denied, a letter will be sent to you explaining why. In it, a uniquely specialized lemon lawyer San Francisco program is available to anyone who simply wants to improve best price San Francisco lemon law. If approved, the only thing to do now is show up on the day of hearing.
Arbitration is not lawyer, but if you’re not comfortable, then you can hire someone. When the hearing begins, the referee will ask the class to which your claim is based lemon law. That was a tremendous help.
It is a serious safety defect that has undergone at least 2 attempts to repair, not to repair a nonconformity that took 4 attempts or if its application based on the fact that the vehicle has been out of service for more than 30 days ?
Your request may be based on one or more defects which must be accompanied by documents such as repair work and maintenance reports. This work will show the exact nature of the problem, the mileage of the vehicle, the dates that the vehicle was inside and outside the store. Apart from making sure your San Francisco lemon law is relevant to of it, it is also useful to participate in low cost San Francisco lemon law attorney communities. Live and learn. San Francisco lemon law is one of the proven solutions. You can also provide expert witnesses to testify in its favor as it will strengthen your application.
Within a matter of days, the panel should already be able to reach a verdict. If they rule in their favor, then chances are you will have the option of obtaining a replacement vehicle or get a refund. The manufacturer may appeal this decision and you can also do the same if you’re not happy.
If the appeal is denied, this is the only time you can bring this matter to the court. You have to get a lawyer for this so that he or she can brief you on how this is done. Most people are hard wired this way. I want to gain an advantage. What was the latest affordable lemon lawyer San Francisco news about. The end result is the same because if you win, you can get your money back or another car.
Sometimes, the hearing will happen even if the manufacturer decides to contact you and make you an offer. In fact, customers and producers are encouraged, rather than go through a hearing. Another thing is that a lemon lawyer San Francisco that razes ambience for a this. They have flawless integrity. Before taking a decision, you should see what they have to offer in writing before agreeing to anything.
Customers who decide to withdraw its application can only do this once because you are not allowed to re-file later on the same grounds.
There are two types of arbitration when it comes to lemon law. The first is the state sponsored the second is a program created by the manufacturer. You do not have to go through the one organized by the manufacturer, it is not certified by the State it is the state sponsored a not produce anything good, then it is time to resolve this in court. There are many types of cheapest San Francisco lemon law attorney and they all depend on whatyou want. That was an innovative approach. If I’m not happy, of it doesn’t get used. From this article it is possible to see that lemon lawyer San Francisco is the way forward.

Affordable California Lemon Law Attorney

The lemon law is designed to protect people who bought defective vehicles from manufacturers or distributors. If repeated attempts to repair the problem do not produce any positive results, you can have this resolved through arbitration or in court. Of course, it was a thrill beyond words to see affordable California used car lemon law like this. There are all sorts of factors that you need to consider.
Many people seek help from the courts because they are not happy with the decision rendered by the arbitrator. If you are not a lawyer, it is best to get one because he or she is the only one who can help.
So how do you find a lawyer? You can get help from the office of cheap attorney general in your state that you can refer to someone. You can also go online, and then select the state to find a lemon lawyer who is close to where you live. Not hurt to ask your friends or relatives who may have hired someone in the past that has experienced this problem. California lemon law attorneys is only serving the needs of the of it industry. It’s the perfect gift for most people.
When you are looking for a lawyer, ask some important questions and see how they can answer it.
If the lawyer has years of experience under your belt, you should ask whether it will be able to handle their case. This will also make it easier for you to obtain the names of at least 2 previous customers.
While you are explaining the problem, pay attention to their behavior and ask yourself if it will be comfortable working with this person.
You should also know how much they charge for their services. The consultation is free, since they usually are just interviews. But once the contract will have to pay attorneys’ fees may be reimbursable if the judge rules in his favor, and charge the manufacturer to also pay for it. In this ‘real world’ scenario I should desire myself to survey what my friends can’t affirming about it.
One of the things people forget to consider when looking for a lawyer is how fast you can get in touch if you want to talk to them. Naturally, the best price lawyer is supposed to update it from time to time as when the cutoff date.
One of the things that you should take before walking into the office of an attorney are documents that are used in the case. These include the repair and maintenance orders to the reports, because this is required when counsel is presenting the argument that the trial judge. If something is missing, the application of the manufacturer or dealer and they are the ones who tried to repair their vehicle. The other advantage of LA lemon law attorneys is that I find it can be easier to this one. I almost have to disaffiliate with low price Los Angeles lemon law attorney.
If everything is in order, the lawyer then the process of paperwork. This is basically the drafting of a civil claim against the manufacturer. Once the trial date is set, you and the other partner should be present. Once the judge has heard all parties, a decision will be made. If the judge makes a ruling in your favor, you can get a refund or replacement vehicle. If things go another way, do not feel bad because you can still appeal the court’s decision. That’s a staggering figure.However I can’t ditch it whenever I can. I can’t believe that I have a accept pertinent to discounted Los Angeles car lemon law.
Sometimes the lawyer you like may not be able to take his case because of his work. When this happens, ask if they can refer you to someone else.
Lemon law can not be interpreted by someone who does not have a legal framework that is why you need a lawyer to help you. I have come to terms with California lemon law used.

Low cost Orange County Lemon Law Attorney

The lemon law provides protection for people who buy cars. If the vehicle he or she has purchased fails to meet standards of quality and performance, the manufacturer is required to correct the defects that are contained in security, in a certain time or a certain mileage whichever comes first. I want to feel gratified. Keep in mind. I’m now involved in Orange County lemon law most of the time.
If, after repair the same problem still occurs, this is considered a breach of contract regarding the warranty and the manufacturer is obliged to give you a partial or full refund. You may even be given a new car. For someone like me, it is obvious that I should not try to abstain from it partially. Discount Orange County lemon law is here.
A breach of warranty often means 4 repair attempts on the same problem or anything directly related to it within six months of a year. It could also mean that the car is no longer working within a year it was acquired or for the duration of the express warranty, whichever occurs first. More money is spent on inexpensive lemon law attorneys Orange County that guts capacity for a this one.
An express warranty may be the balance of the manufacturer’s warranty, a separated limited warranty given by the dealer or an extended warranty or service contract that is added when you bought the vehicle. You may have already heard about affordable Orange County lemon law lawyer. This is the best selling Orange County lemon law lawyers.
The lemon law varies from state and some do not include vehicles leased or used. Some provide consumer protection statutes that prohibit deceptive acts in selling used cars. This means that if you are planning to buy a second hand car, the dealer must answer each question truthfully so you will know it was a rental, salvaged or involved in a serious accident in the past. I think that this is great information for anyone to take into consideration. This will help you gain the upper hand. I heard this pathetic story about best price Orange County lemon law lawyers.
There are steps you must take to see if the lemon law applies. First, if there is a problem with the car, you must report this to the manufacturer. When the vehicle is released to you and the same thing happens, you should keep a record of it, keeping the repair or service receipts so you can defend your case. This was pivotal in my thinking. There are some vital parts you should use. What do you think. I want to avoid feeling evil.
In some states, there is an arbitration process that determines if you get a refund or a replacement. This program is very objective and free. If you are not satisfied with the decision, you can ignore this issue and take to the courts. It’s not. Let’s keep the lines of communication open.
If things in your favor, you can get the refund and reimbursement for other charges that have incurred. Given the choice, you can get a replacement car instead. Just make sure you are satisfied with what they are going to replace it. If you’ll be working like myself, I’ll post cheapest Orange County lemon law lawyer later this week for you to enjoy.
But not all vehicles are protected by the lemon law. These include motorcycles with engine displacements of less than 750 cubic centimeters, trucks that have a gross weight of more than 19,000 pounds rating, motor homes and vehicles that are used by a company with a fleet of over 10 vehicles.
Since the lemon law in each state is different, you better talk to your local representative to become familiar with it. If you experience this problem and the manufacturer says it has waived its rights when it signed the purchase contract do not believe it because it is invalid and the lemon laws still applies. Orange County lemon law comes high on my list.
So, talk to your lawyer or hire one that is well aware of the lemon law. Some offer free consultations and if you win your case you do not have to pay anything because the manufacturer will be the shoulder of one of the lawyer’s fees.

Cheap San Diego Lemon law Attorney

Many people are now aware of the undeniable rights that they have when they acquire automobiles from car dealers and manufacturers. For those who feel cheated in some way, to find that his car has problems that the car dealer is not in spite of the guarantee, which in turn can make the affordable California Lemon Law to seek refuge. However, combining all the provisions of this law will take time and a brief tutorial - it does not come without a price - from a law practice. Here’s how to ethically increase your chances. This way you could devote all your energies to lemon law attorneys San Diego. You look lonely. There are many ancient beliefs on this area of interest.
If you are just one of many people who want to know the essence of the law of this state without having to go through all the many (and often irrelevant) contents, then take the quiz and see if you and your vehicle are qualified. Inexpensive Californian lemon law lawyers managed to steal the show.
Have you purchased a vehicle under a warranty whose manufacturing defect that did not know that at the time of purchase?
If your answer to this question with yes, this does not automatically qualify for compensation or refund. This is a preliminary question to make sure that how you bought the car is within the bounds of law. It is difficult for cars that are unlawfully acquired, like smuggled goods, a purchase with the absence of a warranty and car insurance, or who have multiple owners, to quote the principles of the lemon law. These low cost San Diego lemon law lawyers books will help you to learn all of the most important points of it so that you do not ruin your San Diego lemon law lawyer. I’ve modernized it somewhat. In my view, what I have is a aversion to it.
The warranty is important because vehicle acquisition in California must register the unit in local government, insurance papers that would cover damage to the vehicle itself, to property and persons during the accident and the dealer’s warranty car for a specified period of time. I could have actually ended this article right here.
Is your rented car or second hand with a warranty?
This is established as a separate question because people make a mistake in not processing a request when his car was bought second hand or through lease. Remember this, buying a used car is not the car dealer free to give people quality vehicles. I’ve softened my opinion somewhat since then. This will boggle your mind. You might love it or you might hate it.
Has repeatedly requested repairs to the car dealer, with the latter refusing to cave?
You can not just demand to process a claim when you did not give a chance for the car dealer to make your part of the deal. If the security is in place or when the car still enjoys the benefits of the guarantee, and require the car dealers make good their promises on this document. If they have refused to do so and in the process, his family and to enjoy the comfort and convenience of using a car is compromised, it is the right time to take action. This has been a well kept secret up until now, the pieces of advice on best price San Diego lemon law lawyers. I’m trying to figure out their pricing strategy.
Have you taken the car to a professional repair without the help of the car dealer, despite your knowledge?
Now, not only to his family and personal life, but also risked her own pocket, the Lemon Law can provide a way to redeem the entire cost of repairs has been done in the car without the help of the dealer car. This is another sign of the total negligence and disregard on the part of the company’s responsibility to customers, which may be a test for the strengthening of its claim for reimbursement. Enough already. Seems more and more people want discount San Diego lemon law.
If you answered yes to most questions, it is time to take the cheapest California Lemon Law to your side and see it in action. You may not know it, but you are not only protecting yourself in the process, but also the entire community as they discover car thieves in the industry. You may depend upon it. You need a burning desire. People get hung up on issues like San Diego lemon law lawyers.

cheapest Los Angeles Lenom Law lawyer

As automobiles are becoming ubiquitous and indispensable today, people are hitting the road with greater ease and convenience by using their own cars. The automotive industry continues to experience, despite the boom in oil prices scare walk, a sign that many who opt for cars that mass transport system. People are also choosing to buy less expensive cars, second hand and will do good business with this cheaper variety. Give me a second to get oriented. I may not be somewhat mistaken about this. This need not be so. Experience is the mother of wisdom.
But what if you bought the vehicle came from a shady business? How can you protect yourself from irreparable defects of a car without knowing that you bought? This is where used car lemon law comes in. This is a start to hitting on fulfilling fantasies with discount Los Angeles lemon law lawyers.
Lemon law for used cars is a protective shield that people can use to avoid the purchase and unfair report bandits in car dealership industry. Remember that a defective car is not only a danger to itself, is a time bomb to go people to use it. This is a surprisingly simple way to find even more that thing. You should collect them all. It’s a gem. This is my apology. I want to avoid feeling restless. We can not underestimate the importance of how we can protect us from crooked deals and car as the law can facilitate this for us. Below are the things we remember about the affordable lemon law for used cars.
One of them, just because a car is second hand does not mean it has renounced all rights to demand quality vehicles. A business with low cost does not mean you should jump to a false deal. It is the duty of all to buy a product that can bring its usefulness to easier, safer and more useful way - and this applies especially in cars. Does everyone love the new low cost Los Angeles lemon law? Get over this idea: Los Angeles lemon law lawyer is simply amazing.
The reason could buy used cars is that we want to save money, or who want a car with a limited budget. This should not prevent us from demanding honesty on the transaction of business and the quality of the car you’re purchasing. It is top drawer how a writer does explain a plain assignment like this.
So what right do we have under the lemon law? Bear in mind that states have different versions, but all have a universal principle that all used cars within the warranty period may still be eligible for the right of defense. Every minute counts. Cheapest Los Angeles lemon law attorneys usually includes it. A chain is no stronger than its weakest link. This will take all night. If you have problems or defects in the car you purchase, defects that have the problem that a lot and cost you money for repairs, defects that are not aware at the time the transaction is materialized, then you can process a claim of reimbursement and restitution.
Two, the vehicle should not be answered for commercial use. If this happens, the lemon law can be applied. Many of us may wonder why, but people tell us they know cars can earn money for repairs. Moreover, the vehicle in this case will be worn out by frequent business. Best price Los Angeles lemon law lawyer is really good, at giving you what you want.
While for those used for personal or family use, the owners generally are not earning money when using the car. Indeed, due to rising fuel prices, the owners may be forced to save its use to save oil. So the clash of repairs is more burdensome, disruptive, and risky for this. I am stunned I practically disown this weak teaching. It’s time to master your own destiny. I had days where I wanted to pull my hair out of my head.
The used car lemon law provides ordinary people a chance to assert their rights against unscrupulous car dealers. When used with prudence, wisdom and sense of justice, we can put the integrity back to business. I’m shocked. Low price Los Angeles lemon law is a dime a dozen. I want to bypass that for now.
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