Showing posts with label attempts. Show all posts
Showing posts with label attempts. Show all posts

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.

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
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