Tips For Buying A Used Car And Avoiding A Lemon

by D. Ruplinger

Do some homework before you start shopping for a used vehicle. Think about what your needs are, what your driving habits are, and what your budget is. You can learn about vehicle models, options, and prices by reading dealership ads in the newspaper as well as reading the classifieds.

There is also a host of information about used cars on the Internet. Enter the words USED CAR as keywords for searching and you will find information such as how to buy a used car, how to conduct a pre-purchase inspection, ads for cars available for sale, as well as other information.

Your local library and book stores are another source of good information. They have publications that compare car models, options, and costs; as well as offer information about frequency-of-repair records, safety tests, and mileage.

Once you've narrowed your car choices, research the frequency of repair and the maintenance costs on those models in auto-related consumer magazines. For information on recalls, contact The U.S. Department of Transportation's Auto Safety Hotline at 1-800-424-9393.

When you find a vehicle you are seriously interested in, considering using one of the vehicle history services available online to find out what that vehicle’s history is. Some of the services available include an odometer check to help you make sure the mileage on the vehicle is accurate; checking the registration to find out if the vehicle was a rental, a lease, private party, or fleet vehicle; a title check; as well as finding out if the vehicle is a lemon, was in a major accident, was a salvage vehicle, or was ever reported stolen.

There is typically a fee for these services, but spending a little money to find out the exact history of the vehicle can save you serious money and headaches down the road. In order to use one of these services, you will need the VIN from the vehicle. Enter the keywords VEHICLE HISTORY in an Internet search engine such as Google or Yahoo. It will yield results for several organizations that offer these services such as http://www.carfax.com and http://www.autocheck.com

For financing you have two choices. One is to pay in full at the time of purchase. The other option is to finance over time. If you finance, the total cost of the vehicle increases because you are also paying for the cost of credit which includes interest and other loan costs. If you are going to finance, consider how much money you can put down on the car, your monthly payment, the length of the loan, and the annual percentage rate. Keep in mind that annual percentage rates are typically higher on used vehicles. The loan period is typically shorter on a used vehicle as well.

Dealers and lenders offer a variety of loan terms and payments schedules. Shop around. Compare offers. Negotiate the best deal you can. Be very careful about advertisements that offer financing to first time buyers and to people with bad credit. They typically require a big down payment and have a high annual percentage interest rate. If you agree to financing that carries a high interest rate, you might be taking a big risk. If you decide to sell the car before the loan is paid in full, the amount you receive from the sale of the vehicle may be far less than the amount you need to pay off the loan. If the car is repossessed or declared a total loss because of an accident, you could be obligated to pay a considerable amount to repay the loan even after the proceeds from the sale of the car or the insurance payment have been deducted.

If you decide to finance, make sure you understand the following aspects of the loan agreement before you sign any documents:

1) the exact price you are paying for the vehicle, not just what the monthly payments are
2) the amount of your finance charges (the exact dollar around the credit will cost you)
3) the annual percentage rate (APR)
4) the number of monthly payments and the amount of each monthly payment
5) the total cost of the vehicle (including tax, title, registration, finance costs, etc.)

Used cars are sold through numerous types of outlets: franchise dealers, independent dealers, rental car companies, leasing companies, used car superstores, private party sales and the Internet. Check with family and friends for recommendations on where to buy a vehicle. It is also a good idea to call your local Better Business Bureau and/or the State Attorney General office to find out if any unresolved complaints are on file about a particular dealer before you decide to do business with them.

There is a lot of hype in ads you will see. Some dealers are attracting customers with no-haggle prices, factory certified used cars and better warranties. Consider the dealer’s reputation when evaluating these ads.

By law, dealers are not required to give used car buyers a three day right to cancel. The right to return a car in a few days for a refund exists only if the dealer grants this privilege to buyers. Before you purchase from a dealer, ask about the return policy. Get the return policy in writing and read it carefully to be sure you understand it.

The Federal Trade Commission's Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars.Demonstrator vehicles are new vehicles that have not been owned, leased, or used as rentals, but they have been driven by the dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals.

Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year does not have to post a Buyers Guide.

The Buyers Guide must tell you the following:
1) whether the vehicle is being sold “as is" or with a warranty
2) what percentage of the repair costs a dealer will pay under the warranty
3) that spoken promises are difficult to enforce
4) to get all promises in writing
5) to keep the Buyer's Guide for reference after the sale
6) the major mechanical and electrical systems on the car, including some of the
major problems you should look out for
7) to ask to have the car inspected by an independent mechanic before you buy.

When you buy a used car from a dealer, get the original Buyers Guide that was posted in the vehicle, or a copy. The Guide has to reflect any negotiated changes in the warranty coverage. It also becomes part of your sales contract and overrides any contrary provisions. For example, if
the Buyers Guide says the car comes with a warranty and the contract says the car is sold "as is," the dealer must give you the warranty described in the Guide. When the dealer offers a vehicle "as is," the box next to the "As Is - No Warranty" disclosure on the Buyers Guide must be
checked. If the box is checked but the dealer promises to repair the vehicle or cancel the sale if you're not satisfied, make sure the promise is written on the Buyers Guide.

Some states, do not allow “as is” sales for many used vehicles and some states require different disclosures than those on the Buyers Guide. Check with you state Attorney General office to find out what the laws are in your state.

About the Author:
D Ruplinger is a featured writer for Lemon Laws Help. To read more of her articles, and to learn more about lemon laws or to find information about a state's lemon laws, visit our site

Understanding The Texas Lemon Law

by Terry Dunn

Contrary to what its name suggests, the Texas Lemon Law is not a legislation that deals with the buying and selling of fruits or rule against its bright color.

It does not even come close.

Rather it involves the right of American consumers, who buy vehicles, used or brand new, cars or trucks, to return defective products and ask for a refund.

Along with the Magnuson-Moss Warranty Act and the Uniform Commercial Code, the Texas Lemon Law or Lemon Law in general protects the rights of American citizens to quality products that would give them value for their money.

In general, the Lemon Law requires car manufacturers and not car dealers to refund the money a consumer has paid for if a car is found to be a “lemon.” The definition of a “lemon car” is of course different with every state depending on what the state legislation says. Usually, states differ in their definition of what a “lemon” car is and the period of warranty that is given to the consumer.

The Texas Lemon Law, for one, allows for four repair attempts or 30 days out of service for defects that are not so life-threatening. For serious product defects that pose a serious safety hazard such as problems in the steering wheel or in the brake, the Texas Lemon Law allows for only two repair attempts. If after the stated number of repair attempts, the defects have not been fixed, then a car will considered a “lemon” and therefore eligible for refund. The repair attempts under the Texas Lemon Law should of course happen within a period of two years or 24,000 miles whichever comes first for the four attempts. A period of one year or 12,000 miles is given to defects that affect the safety of the car.

Similar to other state laws, the Texas Lemon Law also requires consumers to have their cars fixed in authorized service centers and to make no unauthorized modification or alterations in the car. This is done to avoid questions that will be raised by manufacturer as they are accorded the right to investigate and challenge the claim. If the defect has been found to be caused by neglect, abuse and alterations not sanctioned by the manufacturer then no refunds will be given.

Consumers, under the Texas Lemon Law, are also asked to put their complaint into writing, stating the defects of the car. This is especially needed if it is stated in the vehicle’s manual. Supporting documents should be kept in hand such as receipt of the purchase, which would state when the car was bought, repair receipts as well as diagnosis of the problem.

In addition to refunding the money, the Texas Lemon Law may also invoke the manufacturer to pay for incidental costs that the consumer has incurred due to the defect in question such as towing services and even rental of car while the “lemon” is still in the repair shop. Refunds will also not be given in full. Under the Texas Lemon Law, the purchase price will be lessened by the equivalent amount of the mileage that the owner has used the car.

While most companies have good arbitration programs which they use to cut down legal costs just in case the complaint goes to court, there are some car manufacturers who will remain firm that the defect was not there when you bought the car. If this happens, complainants are encouraged to seek legal counsel.

About the Author:
Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.

Is Your Car A 'Lemon'?

by Ted Rossio

Sooner or later we all must buy a car. And when we can, we buy them brand new.

However, most of us are stuck having to a buy a used car from a dealer or private party at some point. The downside to this is that you can get a car that at first seems like everything you ever wanted, but soon becomes your worst nightmare.

What I have come to learn is that by the time that you begin to realize that you have a lemon on your hands, it is usually too late. The car has already outlived its 90 day warranty which is often filled with loopholes for the dealer anyway. What does this mean for you? If you're like most people, you're thinking to yourself, "it means you're screwed." However, read on.

Most people who buy their cars used know that dealers set up their agreements in terms that will serve only their best interests. Buyers also assume that there is really nothing that they can do in order to get the most out of their money.

But that couldn’t be further from the truth.

In fact, there is a lot that you can do to protect yourself even after you have bought yourself a lemon.

That’s right: as a buyer you do have rights as well.

In fact, there are laws that are designed to protect you should you find that you get stuck with a bad car and a terrible dealer.

Did you know that now is the best time to buy a car? There are very large cash rebates, dealer discounts and employee discounts offered just about everywhere.

The recent major drop in the car industry had forced many people to steer away from buying new cars and also has prompted some of the best discounts ever from the dealerships. You need to do some online research before hitting the dealership and it could save you money and headaches.

Websites like Autoweb.com, Edmund's Automobile Buyers Guide, Autolink, Autopedia, Kelley Blue Book and CarPrice.com are just some of the sites that are currently giving up to date pricing information on new cars.

You should however make note of the dates when each rebate is set to expire so that you can take advantage of these special offers.

When you are looking for the best prices, you want to visit several different Web sites when researching pricing information for the obvious reasons.

Everything from sticker price to customer rebate information may vary from site to site. It's wise to cover all the bases. Whenever you are in doubt, contact an auto manufacturer directly.

When it comes to the basics behind the lemon laws, knowing the basics can be the difference between whether or not you get screwed or get the chance to recover the money that you spent on the car.

The state and federal statutes offer a wide array of relief for consumers who get stuck with a bad car or truck after they buy.

At the same time, these statutes provide buyers with the chance for recovery of costs and attorney fees which are a strong incentive for attorneys who would like to take up the cause on behalf of unhappy lemon owners.

"Lemon laws" basically outline all of the procedures that are used in order to settle these sorts of new car problems.

These lemon laws differ from one state to another, but lemon laws in general are designed to provide the owner with a refund or replacement vehicle should this problem occur.

For example, some states mandate a refund or a new car if a large enough 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, there are some exceptions to this rule, such as; some states only provide you with the chance to make one attempt for significant safety related issues such as the brakes or steering.

Some states do not even stop with just providing lemon owners with either a refund or a new car. Some of them will, in fact, also let you recover any sort of attorney's fees that you have to deal with during your pursuit of getting some satisfaction from your purchase of a lemon.

It is always good to know that you can get some sort of return on your money when you buy a lemon. It happens so often that eventually there was bound to be some laws protecting the buyers.

What is sometimes sad about the lemon laws is that they do not necessarily help you. It all depends on your specific situation.

About the Author:
Give me 45 minutes and I'll share with you the powerful secrets for winning compensation for your broken down car that came straight from the dealership! If you don't take action now, the law says you may be too late. Visit http://www.lemon-law-action-plan.com for more info.

Lemon Laws Don’t Protect Used Car Buyers

by Charles Essmeier

Most buyers of new cars are probably familiar with lemon laws, which allow consumers a refund or replacement when their car turns out to be defective. These laws generally cover leased cars as well as purchased ones, and they have worked well as a consumer protection tool. Unfortunately, no such laws exist for used cars, and buyers should be careful when purchasing them.

Many car dealers offer “certified used cars” that come with some sort of warranty, but most independent used car dealers do not. In most states, the law permits used car dealers to sell cars “as is”, and in that case, anything that goes wrong, even if it happens five minutes after purchase, becomes the buyer’s problem. Dealers selling cars on an “as is” basis often aren’t even required to disclose any problems a vehicle might have to potential buyers. Most independent car dealers sell older, less expensive cars than those sold at major auto dealerships. A lot of the profits that independent used car dealers make come from financing, particularly from financing those with bad or poor credit. Those with problem credit often find that such dealerships, which self-finance, are their only chance at obtaining a car loan. These loans, with their resulting high payments, often leave buyers without any extra cash to pay for repairs of undisclosed problems. Legislators in several states are considering laws that will require used car dealers to have their cars inspected by certified mechanics prior to their being offered for sale. This will help, in time, but what can a potential buyer do now?

# Ask to have a certified mechanic examine the car before purchase. Any reasonable dealer should allow you to take the car to a mechanic; if not, you should probably shop elsewhere.


# Get a list of the car’s known problems in writing prior to purchase. Inquire as to whether you have any recourse should something go wrong after the sale.


# Ask the salesperson if the car has any sort of warranty, and if so, get it in writing. If they tell you the car is sold “as is”, ask them to define those terms exactly.


# Contact your local Better Business Bureau to see if they have had any complaints about that particular dealer.


# If possible, purchase a used car from a dealership that offers certified used cars with a written warranty.


Buying a used car is more problematic than buying a new one. After all, a used car is one that someone else didn’t want anymore. Buyers who are considering a purchase of a used car should be aware that their protection under the laws of most states is quite limited. Asking a few questions and doing some investigation prior to making the purchase may save buyers thousands of dollars down the road.

About the Author:
©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites, including http://www.LemonLawHelp.net, a site devoted to automobile lemon laws and http://www.End-Your-Debt.com, a Website devoted to information about debt consolidation and credit counseling.

Auto Lemon Laws – About The Arbitration Process

by Charles Essmeier

Buying a new car is not something most people do without thought; it generally requires a large investment of time and money. We choose our purchase carefully, and we hope that it will suit our needs, without too much trouble, for years to come. Sometimes, however, things don’t work out that way. Every now and again, some unlucky buyer will end up with a vehicle that has a problem that simply cannot be repaired. These problem vehicles are universally known as “lemons.’

Every state has a “lemon law”, which requires vehicle manufacturers to either replace vehicles that are determined to be lemons with a new vehicle of comparable value or to refund the purchase price. The process for filing a claim under your state’s Lemon Law varies from state to state, but the process often results in a lawsuit, which can drag out the process for both parties.

An alternative to lawsuits that attempts to be fair to both parties in the dispute has been developed, this is known as arbitration. In many states, perhaps yours, arbitration is a required component of filing a lemon law claim. How does arbitration work?

Most states have assembled an arbitration panel, which consists of several individuals who are familiar with the auto industry, but not tied to it or employed by it in any way. Most owner’s manuals of new cars will outline the process of applying for arbitration; if not, you may contact your state’s Attorney General’s office. Participation in the arbitration process, unlike a lawsuit, is often free; some states charge a nominal fee to file for an arbitration hearing. It is usually not necessary to have an attorney for the procedure, but you may hire one if you wish. There are many attorneys who specialize in Lemon Law cases; if you feel uncomfortable handling your claim yourself you may wish to consult with one. The process usually requires that the manufacturer be notified in writing of the dispute and that your state’s arbitration panel be notified. Each side in the dispute presents their case, either in writing or orally, and the arbitration panel usually comes to a decision within 60 days. In most states, the panel’s determination is binding on the part of the manufacturer; they must abide by the decision. The vehicle owner is usually not bound by the decision and remains free to sue should the panel rule in favor of the auto manufacturer.

Arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims. If you think your car is a lemon and you might need to file a claim under your state’s Lemon Law, you should first check with your state’s Website, or contact your state’s Attorney General’s office.

About the Author:
©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites, including http://www.LemonLawHelp.net/ and http://www.End-Your-Debt.com/

Getting The Most Juice In Your California Lemon Law

by Terry Dunn

It is a consumer’s right to return a defective product that he has purchased. The US legislative and justice system through the California Lemon Law recognizes this right in auto buyers, who may risk life and limb for one defect in their car.

The California Lemon Law allows new and used car buyers to demand for refund or replacement when the cars that they have purchased have been proven to be defective. Here are some tips that will help you get the most “juice” from your “lemon.”

1.Never let the manufacturer or dealer discourage you
The California Lemon Law provides guidelines by which you can determine if your car qualifies. A car is considered a “lemon” under the California Lemon Law if it has been repaired four times and the defect has not been fixed within the period of 18 months or 18,000 miles whichever comes first. Two repair attempts are given to defects that may cause injury or death.

2.Know your rights
Research the guidelines provided by the California Lemon Law and decide for yourself if what you have is a “lemon. Don’t let some scrupulous salespersons fool you into not filing a complaint or selling your car to them at a loss. There are a lot of websites in the Internet that could provide you with relevant information on California Lemon Law.

3.Read your manual
Don’t let that manual gather dust in one of your drawers. Know everything about your car especially the things that you cannot do with or to it. Take care of your car and follow the manual to the letter. Otherwise the manufacturer could blame the problem on your poor use. Remember that though the California Lemon Law protects your right, you have to prove that the defect has not been caused by you.

4.Don’t waste time
Remember that the California Lemon Law provides a deadline for complaints. Don’t wait for the last minute to file yours.

5.Take it to authorized service center
In having your car repaired, make sure that you go only to authorized service centers to ensure that the car is repaired properly. Under the California Lemon Law, buyers should have the defect repaired by the manufacturer through its service centers and at least inform the manufacturer of the need for repair.

6.Keep records
Never fail to ask for proper documentations, even if the center has not seen anything wrong with your car. Those are needed when you file a complaint under the California Lemon Law. So, it is important that your complaints be documented from the onset. Make sure also that when they do give you a receipt or record, the information is complete and accurate.

7.Put it in black and white
Send a letter of complaint. This is one way to legally give notice to your problem under the California Lemon Law. Inform them of the problem and outline the number of repairs that you have done. If possible, send it over through certified mail to make sure that they did receive it.

8.Know your options and seek advice
Most car companies have arbitration program that take care of Lemon Law complaints in California. If arbitration does not work, you can always seek legal counsel. Remember that arbitration decisions are not final and some companies even give a quick refund when a lawyer gets involve.

About the Author:
Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you

A General Overview of a Lemon Law Claim

Many states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. If your state does not have an automobile lemon law, you can still be protected by what is referred to as the Federal Lemon Law, or the Magnusson Moss Act. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always give the manufacturer a reasonable number of attempts to repair the problem, and that can vary from state to state. The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair the defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc… The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.

The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer which essentially revokes your acceptance of the vehicle. What that means is that you are attempting to revoke the contract between yourself and the manufacturer, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. After Arbitration, if it is not in your favor, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious, and may begin to entertain realistic formal discussions regarding your vehicle’s problems.

This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That’s right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.

ABOUT THE AUTHOR
Attorney Greg Artim is a Pennsylvania Lemon Law Attorney. Visit his website at www.ihatethislemon.com

Why You Need To Keep Records In Lemon Law Cases

by Charles Stubbs

Although the Lemon Laws are there to protect you, the one thing you don't want is to actually have to use them, because that means you've gone and bought yourself a 'sick' car. Odd squeaks and rattles don't count as they're just fair wear and tear, but if you are experiencing major vehicle defects (such as with the engine, drive axle, brakes, steering or radiator, for example), you might want to start a paper trail. You could have a lemon.

With any issues you might be having, check your car warranty first. Give the manufacturer an opportunity to put right it (this can be up to 3 or 4 attempts to repair a problem). At this point, a Lemon Law attorney may not be essential.

Make sure you keep all the records concerning your vehicle and the attempted repairs though because they will definitely be needed if you need to call on the Lemon Law in your state. In particular, make sure you've kept a copy of the car guarantee in a safe place. Keep all the repair receipts and keep a diary, or log book, of the time taken over the repairs and, in particular, the time your vehicle was off the road.

Whilst all this is going on start to research the Lemon Law in your state, and any 'service bulletins' that might have been issued for your make and model of car. Do your homework, copy any information you find and put it in your diary.

In most states, the Lemon Law provides a legal remedy for consumers who purchase a car that turns out to be a lemon. Dealers are required to give you a written car warranty under which a dealer must repair, free of charge, any probkems in covered parts. In some cases, the dealer may have the option to reimburse you for the reasonable cost of repairs; check your car guarantee to see if this applies to you.

That's fine for relatively minor cases but if your car needs major repair work then start researching the Lemon Law statutes in your state. Many problems during the car guarantee period, such as noises and the odd rattle, may not constitute a defect, but a sizeable problem or problems will probably be a breach of the Lemon Law. Keep notes of the dates of all the repair work to your car and how long your car was "in the repair shop" and "off the road." Once again, make sure you keep the receipts for the repairs in a safe place.

At this point, if you've made up your mind that you really do have a lemon then start getting your notes and receipts all together. Become fully familiar with your state's Lemon Law statute and compile a list of local Lemon Law attorneys. Check with the Attorney General's office in your state for more information.

Have the car service contract with you and be sure you have each and every work order performed on your car, as well as any service bulletins issued that may relate to the problem or defects you're having. Your state Lemon Law statute will include a list of records that it's important to have. In addition, you will want to have kept any reports or correspondence you've received from the dealer concerning the repairs.

It is a long paper trail, but if kept effectively, you will know rather quickly whether you are dealing with a chronically 'sick' car, or just normal car repairs.

About the Author
The Lemon Laws are there to protect you but to get a successful outcome you need to do your homework. We've got the full lowdown for you at Lemon Law Advice Made Easy complete with all those tips and tricks you absolutely need to know if you want to ensure a successful outcome.

Your Car Could Be Damaging Your Health - Protect Yourself Under Auto Lemon Law

by Paul Fleming

What you may not know about your vehicle's HVAC system may be hazardous to your health. And a previously well-running car may need the help of an auto lemon law.

If you smell a musty fume coming from your car vents, it could mean more than unpleasant driving conditions - it could mean yours and your family's safety.

Bacteria, fungus, mold and spores can all grow from accumulated condensation in your AC system. These unwelcome visitors can trigger serious allergy and asthma attacks, and can dramatically hamper your driving ability. If you think you may have mold growing in your vents, take action immediately. It may be fixable under your car warranty. Or you may need to assert your State and Federal rights under auto lemon law.

To find out the damage, follow these steps:

**Make a service appointment with your dealership, and make sure the service manager understands the severity of the situation.

**Try to track down where the scent is coming from. If you can point your service manager in the right direction, he or she may be able to fix it immediately. Also, let the service manager know when the scent is the strongest (i.e. when starting up the car, when turning on the heater to high, when turning on the rear defroster, when it rains.) The more information you can provide your service manager, the better.

**Make sure you receive a repair invoice outlining your problem(s) and their solution(s). Any auto lemon law layer will tell you not to let them mail the invoice. Have them print out the invoice when you pick up your car.

**If you still smell the fumes after your service, you need to bring the car back to an authorized dealership for another repair attempt. If you feel your dealership is not handling the problem correctly, take your car to another authorized dealership.

**If your car is under manufacturer's warranty, you should not have to pay any extra monies for treatments or ventilation services. This problem should be covered under both the original and extended manufacturer's warranties.

**If your car is under manufacturer's warranty and you have given the manufacturer three or more chances to fix the problem, you may have a more serious issue. Time to assert your rights to cost-free legal representation under a State and Federal auto lemon law. Just because your car was running fine before, doesn't mean it's not applicable to these laws. You could receive a new car, a full refund or a significant settlement from the manufacturer.

About the Author
For more information on the auto lemon law and free legal representation, call 1-800-LEMON-LAW (1-800-536-6652) or visit http://www.lemonlaw.com

The PA Lemon Law

If you're driving a defective vehicle in Pennsylvania, the PA Lemon Law can help you get a new vehicle or a full refund of the purchase price of your vehicle.

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.

ABOUT THE AUTHOR
Greg Artim is an Attorney based in Pittsburgh PA. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at http://www.pittsburghlemonlaw.com for more answers to your Lemon Law questions.

How Not To Buy A Lemon

by Barry Edzant

A lemon law attorney's office receives many calls each week from buyers of costly used cars who have discovered that their cars are less reliable or less valuable than they expected. For instance, one of our clients once bought a used vehicle off a used car lot. It was a low-mileage car which looked perfect. Unfortunately, he later found a receipt in the car showing that the car was a previous rental vehicle, and that its odometer had been rolled back 30,000 miles! Getting out from under a bad vehicle purchase takes wits, persistence, and a strong stomach.

As a consumer, you have many ways to protect yourself. It is usually safest to purchase a used vehicle from a reputable dealer. Although you may pay a bit more up front, you will have a better chance of successfully resolving any problems that may arise with your purchase. The fewer cars the dealer sells, the higher the chance that your vehicle will be a lemon; the chance is highest if you're buying from a private party.

Buy all warranties that are available and get all repair records about the car. The salesperson should put in writing that the car was not in a major accident, or used for rental or salvage. If they equivocate, it should raise red flags about the purchase. An honest dealer would care about your concerns when buying a used car. Ask the dealer if you can have an outside mechanic examine the car before you buy it.

The most dangerous way to buy a car is from an unknown private party. Be absolutely certain, to have an outside body shop and mechanic examine the vehicle before you buy it. Demand to see all repair accounts. Always bring someone to view and drive the vehicle.

It is vital that you run a carfax check (www.carfax.com), to insure that the seller has proper title to the vehicle. Ask the owner for a 30-day warranty. (You probably won't get it unless the car's been on sale for a while.) Go to a trustworthy dealership. Make sure that the dealer knows you won't be buying the car that day, and that you are just examining the car. Mull it over for a while. Don't believe the hype --- few cars are truly "one of a kind." There is no cooling off period with vehicle purchases, unlike vacuum cleaners and the like. Once it leaves the lot, it's yours!
Make certain that you understand the terms of any lease before you get one. Have the salesman give detailed explanations of the lease. Make sure all warranties are in effect if you're buying a demo, loaner, or a slightly used car.

Don't be afraid to follow your gut instincts. If you feel pressured from a salesperson to buy a specific vehicle, or if the deal just, "doesn't seem right," your instincts are probably correct. Step back and walk away. There's always another dealership, but there's only one of you. This gives you the advantage.

It is a rewarding and easy thing to be an smart and informed consumer. If you follow some simple rules, you can drive your new car with peace of mind and comfort.

About the Author
Barry Edzant is an experienced California lemon law lawyer and knows the importance of doing some research before buying a used car. Barry has worked with many personal injury claims as a California dog bite lawyer and understands that knowledge is priceless!

Is My Car a Lemon?

by Greg Artim

What does it take to have my vehicle classified as a Lemon? That is a common question that I get at my law firm from those who have purchased defective motor vehicles. As you may be aware, many states have enacted Lemon Laws to protect consumers who purchase new vehicles that turn out to be defective. While I can only speak with authority on the Pennsylvania Lemon Law, I have found that the Lemon Law statutes of all States typically set forth similar criteria to determine if a vehicle is a Lemon.

In Pennsylvania, a vehicle is a Lemon if it exhibits "a defect or non-conformity that substantially impairs the use, value or safety of the vehicle." Typically, the defects that meet this requirement involve the engine, electrical system, transmission, suspension, brakes or steering. Other types of defects, such as leaks, noises and heating or cooling issues may be considered substantial as well. These issues are looked at on a case by case basis, but if your vehicle has exhibited problems or defects the same or similar to those mentioned, you may be driving a lemon.

It is important to know that if your vehicle has suffered one of the above listed defects (other types of defects may suffice as well) the manufacturer must be given reasonable opportunities to repair or correct the problems. In Pennsylvania, the manufacturer must be given three opportunities to repair the defects, except under special circumstances. Those special circumstances arise where the problem incurred is likely to lead to severe personal injury or death as a result of the defect. At the time of the writing of this article, there have been no authoritative Pennsylvania cases dealing with such an issue. Another circumstance that removes the three repair attempts rule is if the vehicle is out of service for 30 or more days as a result of the defect. In that instance, only one repair attempt would be required.

If the manufacturer fails to repair or correct the defect within three opportunities, or one of the special circumstances applies, the vehicle may be considered a lemon.

ABOUT THE AUTHOR
Greg Artim is an Attorney based in Pittsburgh, PA. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. For more answers to your PA Lemon Law questions, please visit his website at www.ihatethislemon.com/faqs.nxg

The Lemon Laws

by Greg Artim

Lemon cars, trucks, vans and SUV’s are everywhere. Various statistics that I have seen indicate that anywhere from 1 out of 100 to 1 out of 8 vehicles are lemons. Staggering statistics, to say the least. A Lemon, by definition, is a defective vehicle. All states have Lemon Laws that provide protection to you in the event that you have purchased a lemon. These law vary from state to state, but all have common themes.

The first common theme is the defective condition of the vehicle. In other words, something has to go wrong with your vehicle. The state Lemon Laws typically define what elements satisfy the defective condition requirement in order to be classified as a lemon. In Pennsylvania, for instance, the vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of the vehicle. In my experience, these types of defects usually consist of defective brakes, transmissions, engines, suspensions, steering and things of that nature. Claims for electrical failures, noise and leaks usually are sufficient as well.

The next common theme among the state Lemon Laws is the obligation to attempt repairs. Each state Lemon Law sets forth that the manufacturer must be given a reasonable number of attempts to repair the vehicle’s defective condition. In Pennsylvania, that number is three. Some other states have the repair requirements set at four or more. If the Manufacturer or its agent (the dealer) cannot repair the vehicle after a reasonable number of attempts, you have a lemon.

The third common theme amongst state Lemon Laws is the remedy that you are entitled to if you have a lemon. Most states provide that the consumer is entitled to a full refund of the purchase price OR a free replacement vehicle. Some states go even further. In Pennsylvania the remedy includes all collateral charges as well as the purchase price, including taxes, title charges, down payment, interest and more. If you choose the refund election you may end up getting every dollar back that you put into the vehicle. In addition, most states provide for the recovery of attorney fees and costs as well.

ABOUT THE AUTHOR
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at www.ihatethislemon.com for answers to more of your vehicle related legal questions.