Lemon Law Advice On Spot Delivery Scams

By Paul J Fleming

So you purchased a beautiful new car, signed all the necessary paperwork and drove it right off the lot with a big smile on your face. The dealer got you approved on the "spot". Or so you thought.

A few days or weeks later, the dealer calls and asks you to return to "sign a few more papers". "Mr. Smith", they say, "we couldn't get the car financed and you need to sign a new loan with another bank" or "you need someone to co-sign", or "give us another $1000 and we can do the deal", or "Mr Smith, we need to increase your monthly payment to get this done". The dealer may even have delayed paying off a traded vehicle loan or refused to mail registration papers, all to place additional pressure on the consumer to do as they are instructed or to face dire consequences to their credit.

Sound familiar? It gets worse.

If you refuse, the dealer may threaten to repossess the car, tell you that you have no legal entitlement to keep it or even make you wait for hours at the dealership under some excuse, to wear you down. This situation is most common involving consumers with bad credit, since dealers perceive that such people are vulnerable and easy to take advantage of.

Most consumers assume the dealer is telling the truth and will do whatever the dealer says, resulting in higher payments, additional money being spent over the life of the loan and/or thousands of dollars in increased "hidden" costs. Those who refuse, see their cars repossessed.

What is happening here? It's a Scam. Dealer Fraud. Unlawful. Illegal. Call it what you will. The industry has given it a name: Spot Delivery, a description which refers to the dealer placing a consumer in a car "on the spot", to get the sale, only to "yo-yo" them back at a later date for additional funds. Played to perfection, a dealer can reap thousands of dollars in unearned fraudulent gain.

What to know about Spot Delivery: If you signed purchase documents and registration applications and if you obtained insurance for the vehicle, had a new license plate put on the car and/or had your old plate transferred, the car belongs to you.

Spot Delivery happens to unsuspecting consumers throughout the United States. It is very popular with dealers in Pennsylvania, New Jersey and Delaware. If you find yourself in this situation, the chances are good that you have legal remedies available to right this wrong. Tools to Protect Yourself from Spot Delivery or Dealer Fraud:

* Remember that if you have signed papers, you own the car, regardless of whether the vehicle has been financed.

* Your credit was good or the dealer would not have delivered the car to you at the price you agreed to pay

* A finance document showing payments, deposit, interest rate and other financial items is a binding contract, giving you specific legal rights.

* You own the car subject to making payments only. The dealer cannot change that once you take possession.

* Keep all copies of your paperwork and anything else associated with the sale (including calendars, photographs, advertisements). If the finance manager asks for your papers at any time for any reason, refuse! Keep these documents in a safe place, not the car.

* If you are called back to the dealership to sign additional papers, either do not go or do so in a different car than the one you bought.

* Have a friend or spouse drive you and witness whatever is being told to you. This will prevent the dealer from taking your car as hostage, an all too common happening.

* If a dispute arises with the dealer over the contract and the dealer demands the car is returned, park it in a garage or remote location until the matter is resolved, to prevent it from being taken against your wishes.

* Put together a complete timeline of everything that happened from the time you thought of purchasing the car until the car was taken away. Try to remember specific names of dealership personnel and any statements that were made to you during conversations with the sales and finance staff.

* Keep track of all monies you had invested into the purchase, including registration, insurance, down payment and trade. Never pay cash and always get a receipt!

If you believe you are a victim of a Spot Delivery scam and wish to discuss it with a consumer attorney, contact a specialist lemon law lawyer.

Paul Fleming represents Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991. Contact them or visit their website at http://www.lemonlaw.com

How To Squeeze That Lemon Law Painlessly!

By Charles Stubbs

Thank heavens for the lemon law. Here's why.

You'd been over and seen Pam's new truck and it was just gorgeous. She'd called you the night before and told you all about the car warranty coverage, the extended warranty and how she was going to buy it there and then. Sure, the steering pulled to the right, but she was sure that was just because she wasn't used to it.

Yeah, you guessed it. Next thing you know, Pam was in the hospital. She was driving down the road and her right front tire gave out. Fortunately, her dealership was paying for all the costs since it was covered under the car warranty. It looks like she didn't need a lemon law attorney this time.

You've been to see Pam a few times since her accident and she still loves her truck, but it still pulls to the right. Now, Pam is no longer sure it's just the way the truck handles and you have to agree. Maybe there's something wrong with the way the axle is designed.

You insist that Pam returns to her dealer with the car warranty papers in hand - she needs to make sure they have really fixed the problem this time.

Before she does, you decide to take the truck out for a spin. It doesn't take more than a few minutes of some really difficult driving to see that the handling is way out. Regardless, the car warranty should be covering this issue. If not, you are starting to think that some lemon law intervention might be needed after all. You tell Pam to make another appointment.

Three months pass and you go with Pam to the dealer handling the car warranty repair work. The truck still pulls to the right. She's been to the dealer seven times in all.

You feel the truck's problem is getting worse. You and Pam have the car warranty papers so you know they have to cover the repairs. This time you suggest the service manager take the truck out for a spin. This time, the car warranty work will be done correctly. You vow to make sure of it.

An hour later, you learn that the service manager drove one block before the tire snapped off at the axle again. Thankfully, you and Pam were not in the truck at the time. The words lemon law have been in the back of your mind for three months and now you're going to push Pam into action.

It's time for Pam to file with an attorney and get some serious lemon law protection. You ask the dealer for the appropriate brochure. Pam has saved all of her vehicle warranty paperwork; she has her hospital bills and every record from the day she purchased the truck, so you know she can win!

You do some research on the lemon law for her. She's still nervous but the more paperwork you collect, the stronger she seems to become. She realizes with all the documentation she's kept, she will win her case. You head to a attorney who confirms it. Pam's case is cut and dry - there is no way she can lose.

This is just a cautionary tale but don't be afraid to use the lemon law when regular car warranty work is not solving a situation. If your car or truck is a dud, you need to get it repaired correctly - your life could depend on it.

The lemon laws are there to cover your back when things go really wrong with your vehicle. For some real insights go to Lemon Law Advice Made Easy and get the full lowdown.

What Is The Pennsylvania Lemon Law?

by Greg Artim

The Pennsylvania Lemon Law (73 P. S. sec. 1951 et seq.) is a powerful state statute that protects consumers and purchasers of defective motor vehicles. The Lemon Law was established in 1984, and originally protected only those individuals who actually purchased a motor vehicle. In the late 1990’s, with the popularity of leasing a vehicle increasing dramatically, the PA legislature began to see that those individuals who leased what turned out to be defective vehicles were left without a remedy under the Pennsylvania Lemon Law. To that end, the legislature amended the PA Lemon Law in 2001 to include vehicles that were leased after February 11, 2002 for protection under the law. The PA Lemon Law, in a nutshell, provides for a refund of the purchase price or a replacement of the defective vehicle if certain criteria are met with regards to the defective conditions of the vehicle. The defective condition must substantially affect the Use, Value or Safety of the vehicle in question. Whether the Use, Value or Safety is affected for the most part requires application of the common sense test. If the vehicle has problems with the engine stalling while making left turns, that would likely be a serious problem that affects Use, Value and Safety. If the vehicle’s radio doesn’t pick up someone’s favorite station, that likely would not qualify as an impairment under the statute.

The PA Lemon Law provides that the first occurrence of the defect must arise within the first 12,000 miles, and that the Manufacturer be notified in that time frame as well. This notification can come simply in the form of having the purchaser/lessor take the vehicle in to the dealer for a repair. The law provides that the Manufacturer must be given a reasonable number of attempts to cure the defect, and in Pennsylvania there is a presumption that the number of repair attempts is three. An exception to that rule exists in that one occurrence of a defect which might cause death or serious bodily injury would be enough to render the vehicle a lemon. The type of defect necessary to fulfill that exception is not defined by the statute, and there has been no actual case law that has established what type of defect that might be. After the third occurrence of the defect, the purchaser/lessor of the vehicle can bring a claim under the Lemon Law, seeking either a refund of the purchase price or a replacement vehicle. The Lemon Law also provides for recovery of all consequential and incidental damages, which generally include all payments made towards financing, any down payment made, any charges for repair costs, rental car charges, towing charges and the like. Perhaps the most important aspect of the Lemon Law is that it provides that the Manufacturer must pay the consumer’s Attorney Fees and costs if the vehicle is found to be a lemon. This serves to provide the public with free legal representation in Lemon Law cases. It would be hard to imagine a more public friendly statute.

About the Author:
Greg Artim is a Pittsburgh Pennsylvania Lemon Law and Breach of Warranty Attorney assisting individuals with defective motor vehicle claims is all of Western Pennsylvania. Visit his website at http://www.ihatemylemon.com

The Lemon Law In Florida - Stating The Law As It Affects Consumers

by Earl Powers

The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers’ money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida’s automobile 'Lemon Law,' or popularly known as lemon law Florida.

Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.

Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.

Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.

Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.

About the Author:
Earl Powers, US Lawyer and Lemon Law Attorney expert - focusing on Lemon Law Lawyers and Lemon Law

Auto Lemon Laws – Do You Need A Lawyer?

by Charles Essmeier

Buying a new automobile is usually a bid decision for most people, and it involves a lot of time, research and most of all, money. If you are going to be paying for something for five years or more, you will generally take your time, do your research, and make sure that you are spending your money wisely on a vehicle that will last for years. Unfortunately, some new cars, like all manufactured products, do not perform as they should and are defective in some way. For reasons lost to antiquity, defective cars are known as “lemons.”

California became the first state to enact legislation that provided recourse to purchasers of defective vehicles in 1982; since then, every state has enacted similar legislation. Consumers all over the country may now seek either a replacement vehicle or a refund should they find themselves the owner of a defective automobile.
Even though legislation exists to protect you if you should find yourself the owner of a lemon, most people are not familiar with their state’s lemon law. Is it necessary to file a lawsuit? Do you need a lawyer? Can you go through the process yourself?

While lemon laws vary from state to state, you can generally file a lemon law claim yourself. The process usually involves writing letters to the manufacturer that state your problem and filing a claim with your state’s Attorney General’s office. You must also submit your vehicle for repair of the problem; each state requires that the manufacturer have a “reasonable” opportunity to repair your vehicle. The next step is probably arbitration, in which you and the manufacturer present your respective arguments to an arbitration panel that will rule in favor of either you ore the manufacturer. In many states, arbitration is mandatory; in others, you may opt out.

While you may represent yourself during the arbitration process, you may feel more comfortable hiring an attorney. There are many attorneys who specialize in lemon law cases, and they may be able to expedite the process. The presence of an attorney may also make you feel more comfortable if you have little or no experience with this sort of procedure. If the of the arbitration panel does not rule in your favor, or if your state allows you to opt out of arbitration by choice, you may elect to sue the manufacturer yourself. This is often a last resort, as arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims. Should you decide to sue, an attorney will almost certainly be necessary. Many states will allow you to collect attorney fees in a lemon law-related lawsuit.

Should you find yourself the owner of a defective automobile, you can certainly file a lemon law claim yourself, but many people will find that the process goes more smoothly with the aid of an attorney who is experienced in lemon law cases. 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 LemonLawHelp.net, a site devoted to automobile lemon laws and End-Your-Debt.com, a Website devoted to information about debt consolidation and credit counseling.

Pucker Up On The Latest Lemon Law

by Earl Powers

Is your car making you pucker up like you have eaten a lemon? A spoonful of sugar will not make it all better. You need to brush up on the latest lemon laws in your state. It seems you may have gotten a dud of a car, a car lemon for lack of a better term. So you can brush up on the latest lemon law or you can consult with one of probably many lemon law attorneys available in your state.

Let us suppose you live in California. Research the latest lemon law California has to offer by perusing through the statutes in the state of California’s Civil Code. If that does not get you yawning, nothing will! To save yourself from the boredom of reading through all that legalese, you can also consult with some lemon law lawyers. Or, read on for a summary of these statutes to see if you have a legal leg to stand on. You will have to decide if you need to start making lemonade with that car lemon.

One of the statutes of the California Civil Code states that you must make a realistic effort to have your new car fixed to conform to basic warranties from the vehicle manufacturer. There is a limit of a year and a half or 18,000 miles on the car’s odometer, whichever happens first, for the problem to be rectified, before being considered a car lemon.

Of course, as with anything else, there are other provisions to that rule. First, the malfunction must have been repaired two or more times without success, with the result being that the car is dangerous or unsafe to drive in a way that might cause severe injury or casualties. Or, secondly, your car is still not fixed satisfactorily after four repeated attempts by the manufacturer. Finally, another reason that your vehicle could be facing a car lemon law is if your vehicle has been out for repairs for more than a month or thirty straight days.

The above information is just a sampling of the lemon law California has on the books. There is more to it than that, but is should give you a good start in understanding where you stand with your dud of a car. To be sure that you are in compliance with any CA lemon law, make sure to get some legal counsel.

You will discover that you can request a refund of the purchase of the car from the manufacturer. The car manufacturer can also substitute your dud of a vehicle with a new equally comparable vehicle. They would be responsible for all the taxes and fees that go with the purchase of a new car including the costs you incurred in rental and repair fees.

One thing lemon law lawyers might tell you is that if you request the manufacturer to make restitution through a new vehicle or a refund before you file any civil suit and they refuse, you may be entitled to twice the compensation from the manufacturer should a civil trial find in your favor. However, before you go through legal counsel, just save a little money and do your research on your lemon laws. It’s a tough job wading through all that car lemon law stuff, so pucker up and get busy making your own lemonade from that car lemon.

About the Author:
Earl Powers, US Lawyer and What Is The Lemon Law expert - focusing on Lemon Law and Used Car Lemon Law

Auto Lemon –can Your State's Lemon Law Help You?

by Charles Essmeier

Buying a car is not like buying a radio; you cannot return it to the store for a refund if you do not like it, or if it has a manufacturing defect.

In fact, for many years, if you purchased an automobile that came from the factory with defects, you were just stuck.

You could try to get the dealer to repair the problem, but if the problem continued and the dealer could not repair it, you were out of luck.In 1982, the luck of owners of so-called “lemons” changed for the better, as California and Connecticut passed the nation’s first “lemon laws.” These laws, spawned by consumers who had waged tireless battles against major auto companies, allowed owners of defective automobiles to seek compensation or replacement with the help of their respective states.

These laws swept like wildfire throughout the country, and now all 50 states have some form of the lemon law. The specifics of the lemon laws will vary from state to state, but in general, they define a “lemon” as a vehicle that:

Has a “nonconformity” that affects the safety, use, or value of the vehicle, andThe nonconformity has not been successfully repaired after a “reasonable” number of attempts, and/orThe vehicle has been out of service for a total of a certain number of days for repair of the nonconformity.The length of the warranty period also varies; coverage typically runs anywhere from one year or 12,000 miles to two years or 24,000 miles.

As previously stated, the specifics vary from state to state, particularly the number of repair attempts that constitute “reasonable” and the number of days that the vehicle must be out of service in order to qualify.

In some states, repairs that affect the brakes or other safety equipment need only one repair attempt to qualify as “reasonable.”Restitution is fairly consistent from state to state; it usually requires the manufacturer to either replace the vehicle with one of comparable value, or refund the purchase price, along with taxes, registration and delivery fees.

Some states leave the option of replacement or refund to the manufacturer, but most give the option to the consumer. What should you do if you think you have a lemon? You should:

Make sure that you document everything relating to repairs of the vehicle, including when and where it was repaired, who signed the work order and what work was done.You should contact the manufacturer in writing, alerting them to the nature of the problem.You should consult with your state’s Attorney General’s office to learn how your state’s law affects you directly.You may have to go through an arbitration process; this involves both you and a representative of the manufacturer explaining your respective situations to a panel that will then provide a ruling. The arbitration ruling is usually binding on the manufacturer; they will have no recourse should the panel rule in your favor.

Generally, if you don’t agree with the panel’s ruling, you still have the option of filing a lawsuit in court. You may wish to hire an attorney to represent you; there are plenty of lawyers who specialize in lemon law cases, and they can probably bring the case to a solution more quickly than if you handle the case yourself. Be sure to contact your state’s Attorney General’s office regarding the specifics of your own state’s lemon law. You don’t want to miss a deadline, or you could be stuck with your lemon for a long time.

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/