Alabama Lemon Laws

by Amit Raju

A Lemon Law refers to those laws which have been enacted by the government to give a legal remedy to the consumers, who are purchasing consumer items for their personal or household uses. Such laws have been enacted by both the Federal as well as the State governments. The Alabama Lemon Law refers to the respective law of the state.
In the state of Alabama lemon law gives legal remedies to all those buying within the state of Alabama, any consumer items exceeding the value of US $ 25. Therefore, if you end purchasing a "lemon", i.e. a defective consumer product, including a used car, you can approach a good lemon law attorney, practicing within the state, to represent your case.

A good lawyer will read the state law along with the provisions laid down by the Federal Lemon Law, known as the Magnuson-Moss Warranty Act.

The Magnuson-Moss Warranty Act is applicable to any consumer product which has a value of US $ 25, or above. The Act states that any such consumer products sold, must comply with the guaranties and conditions, if any, expressed over it.

To make this a possibility, the state lemon law, in consultation with the Magnuson-Moss Warranty Act, has given various definitions.

Therefore, according to Chapter 20A of the Motor Vehicle Lemon Law Rights, a "consumer" is anybody who purchases a new or a previously untitled motor vehicle, for personal use, and not for resale.

The Act further defines a "motor vehicle" as any self-propelled vehicle primarily for operation and use in public highways, excluding a "motor home" or one having a gross vehicle weight rating (GVWR) of 10,000 pounds or more.

An "express warranty" means any written promise labeled on a motor vehicle offered for sale, as to its performance, including any terms or conditions precedent to the enforcement of the promise.

Therefore, as per the state of Alabama lemon law, a consumer can exercise his legal options and give a written notice to the manufacturer or the dealer of a motor vehicle, in case of its nonconforming condition.

However, to use this resort, the consumer must keep written records and receipts of all the places from where he tried to rectify its machinery parts. Furthermore, the vehicle should have been subjected to normal usage only, and it should not have been involved in any accidents, etc.

The notice can be served within one year ending after the original delivery of the motor vehicle to the consumer, or the first 12,000 miles, whichever occurs earlier. And the manufacturer or the dealer shall be obligated to rectify the condition, within 14 working days, along with a refund of the consumer's repairing expenses including the attorney's fees, if any.

The Alabama used car lemon law also comes under the purview of the same Act. The consumer must check all repairing details and the alteration receipts, if any, before purchasing a used car.

Therefore, the Alabama Lemon Law is comprehensive in protecting the genuine consumers' interests, while purchasing a consumer item, including even a used car within the state.

About the Author
Amit Raju owns and operates http://www.alemonlaw.com, focusing on Lemon Laws in various parts of the country.

BBB and the PA Lemon Law

by Greg Artim

The Pennsylvania Lemon Law is a law that defines the rights and remedies that you have if you purchase a new vehicle that becomes defective. The PA Lemon Law sets forth that you are entitled to a free replacement vehicle or a full refund of the purchase price if your vehicle exhibits defects which substantially impair the use, value or safety of the vehicle. If the manufacturer cannot repair the vehicle after a reasonable number of attempts, the vehicle is deemed a lemon.
Unfortunately, while you are entitled to one of the aforesaid remedies, vehicle manufacturers rarely just voluntarily buy back your vehicle under the law, even if it meets the established criteria of the Lemon Law. In that instance, you will have to initiate a lemon law claim. Under the law, you must first resort to the manufacturer's informal dispute resolution program, if they maintain one, prior to filing a lemon law lawsuit.

This is where the Better Business Bureau comes in. In Pennsylvania, the Better Business Bureau runs the informal dispute resolution program for many of the major automobile manufacturers. The BBB runs the dispute resolution program for Acura, Audi, Ford, GM, Hyundai, Infiniti, Isuzu, Kia, Lincoln, Mazda, Mercury, Nissan, Saab, Saturn and Volkswagen.

How does the BBB program work? Its very simple and is merely a format for exchanging information, then having a neutral arbitrator review the facts and making a decision. Our office files several of these claims each week, so it has become second nature here, but in a nutshell: The first thing is to initiate a claim with the BBB. This can be done by filling out their online complaint form. You will need to provide various types of information here, including the standard contact info for yourself. You will also have to provide the make, model and year of the vehicle, along with the VIN. Next, you will provide a list of and an explanation of the vehicle's defects and repair attempts. After that, you will want to forward copies of all of your vehicle's relevant documentation (purchase agreement, financing agreement, repair orders, etc...) to the BBB. You will next want to submit a written narrative of the problems with the vehicle and why you believe the vehicle is a Lemon. This information will be passed along to the manufacturer, who will formulate a response. After the response is received, the BBB Arbitrator will wish to inspect the vehicle, perhaps taking it for a test drive. He/She will render a decision within a matter of days. The entire process is supposed to take 40 days from start to finish.

It is important to know that the Arbitrator's decision is binding upon the manufacturer, but IS NOT binding on you. What that means is that you have the right to proceed with a lawsuit if you don't like the Arbitrator's decision, but the manufacturer does not have that same right.

On a separate but related note, the BBB runs the informal dispute resolution program for many manufacturers in many states. Check with you're an experienced Lemon Law Attorney to see if you must participate in this program in your state.

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 . If you live in a different state, Greg recommends visiting www.50stateslemonlaw.com

Lemon Law - What Are Your Rights?

by Marshall Meyers, Attorney

At one time, consumers were allowed to let a manufacturer attempt an endless number of repairs to a vehicle or product that didn’t perform up to standards. State and federal statutes informally known as “Lemon Laws” provide for compensation to you where you have a defective product that cannot be fixed within a reasonable opportunity. The Federal Lemon Law, officially known as the Magnuson-Moss Warranty Act, provides for the payment of your attorney fees and court costs if successful, as do most State Lemon laws.
To qualify for protection under a Lemon Law, you must generally have a defective consumer product that has not been fixed within a reasonable amount of repair attempts. Most State Lemon Laws specifically apply to motor vehicles and require the manufacturer to refund your money or replace your vehicle if, during the first twelve to twenty-four months of ownership, your vehicle has suffered three to four repairs for the same problem or has been out of service by reason of repair more than thirty days. Although State Lemon Laws are generally limited to new vehicles, many states have enacted specific lemon statutes that protect purchasers of used vehicles and/or other consumer products such as Motor Homes and computers.

The federal Lemon Law often extends protection far past State law, making warrantors responsible for irreparable defects for up to four years after the factory warranty has expired. This federal statute generally provides cash compensation where the warrantor cannot make your product free from defects within a reasonable opportunity. Unlike State Lemon Laws, the Magnuson-Moss Warranty Act applies not just to vehicles but instead to all consumer products �" including boats and appliances. Magnuson-Moss also creates strict requirement for warrantors when drafting warranties and disclosing warranty terms, thereby eliminating much of the confusing “double talk” inherent in consumer warranties.

Lemon Laws often, but not always, require you to provide written notice of the defect to the warrantor and a final opportunity to fix the defects. These statutes also authorize warrantors to establish programs to resolve consumer complaints out of court. However, these programs are often wholly funded by the warrantors themselves, calling into serious question the credibility and impartiality of these mechanisms. You are generally only obligated to participate in such programs where the warrantor establishes the program in strict compliance with State and federal law. Before participating in any such program, you should consult an attorney as although such programs may be helpful, they may be harmful as well due to the bias towards the warrantor inherent in most of these mechanisms.

Because of the expansive legal rights these statutes provide you, sellers and manufacturers will often create obstacles to your enforcement of these rights and at times, will discourage you from enforcing your time-sensitive rights by providing false and misleading information. For example, a warrantor may tell you the time to enforce your State Lemon Law rights has expired without informing you of the rights you have under the Federal Lemon Law. Likewise, in an effort to make you accept your lemon, warrantors will often tell you there is no problem with your product and that what you are experiencing is a “normal operating condition.” Always get a second or third opinion to verify your confirmation of the existing problem. Further, always ask for all Technical Service Bulletins (“TSB’s”) on your vehicle as these internal documents often prove your problem exists.

Finally, and perhaps most important of all, always make sure to get documentation from the warrantor of each and every repair attempt whenever you retrieve your product back from the repair shop. Withholding these records from you is often the warrantor's best way to prevent you from building your lemon case, so always insist on receiving a repair order. If the warrantor refuses to give you one, make your own by faxing or mailing the repair shop a letter memorializing the defect and date of the repair, and the warrantor’s refusal to provide you a repair order.

If you believe you have a “Lemon,” call toll-free 866-77-LEMON (866 755 3666) or visit http://www.LemonLawForConsumers.com for a free case evaluation and/or nationwide referral.

About the Author
Marshall Meyers is a founding partner of Weisberg & Meyers, LLC and the managing partner of the Firm's Arizona office. Mr. Meyers has devoted his entire professional career to the practice of consumer rights litigation and has represented over 2,000 consumers throughout Arizona and the nation. Mr. Meyers has successfully argued before the Arizona Supreme Court, Arizona appellate courts, and United State District courts throughout the nation.

Nevada Lemon Laws

by Amit Raju

So, if you are going to buy a car, whether new or used, it would be very helpful for you to have an understanding of Nevada lemon law so that you know what you have to do if things don't go the way you wish them to go.
Lemon laws protection is available to you unless you have made the common mistakes that people make while purchasing a vehicle. The good thing about lemon law is that it places enormous responsibility on the shoulders of the manufacturers. And if they have supplied you a substandard product, the manufacturer will be held responsible in most of the cases.

If the manufacturer is found responsible, he may not only have to pay your entire amount back but may also have to pay the litigation costs. This is not all, if the court is dissatisfied with the manufacturer's conduct.

If it is found that the manufacturer made the case to drag on and on despite knowing that the purchaser was right, he might have to pay exemplary damages. And exemplary damages being penal in nature can be hefty and the sum may be double the amount of loss caused to the purchaser.

The only thing that you have to take care of as a purchaser is that you don't make any mistake that makes your warranty any less effective. If you are buying a used car Nevada lemon law on used cars is quite clear. You have to just take all the precautions with respect to the vehicle you are buying. These precautions are not extraordinary but are the ones that every purchaser would take.

Get a qualified mechanic and have the vehicle checked so that you know the exact condition of the vehicle before you buy it. Also, do not forget to get a certificate so as to have a document ready if the problem occurs. If you have taken these precautions, it would be difficult for the manufacturer to have effective recourse to the principle of 'caveat emptor'.

And if you are going to buy a new locomotive, make sure that the warranty is not just a repair but is a money back warranty so that you not only have the right to get it repaired but also to get your payment refunded.

At Nevada you could also have recourse to Nevada boat lemon laws, if what you are buying is not a car but a boat. The law itself makes no distinction between a boat and a car. Therefore, with Nevada state lemon laws boats stand in the same position as a car or truck, which means that the precautions you have to take are also the same.

So, get yourself a good car. Nevada lemon law is always there to shield you against an unscrupulous seller and would extend effective protection to you.

About the Author
Amit Raju owns and operates http://www.californialemonlawyer.info, a site specializing in information on California Lemon Laws.

Boat Lemon Law- What You Know Can Protect You

By David Faulkner

Every state in the country has a lemon law. This law provides protection to consumers who have bought faulty vehicles, by requiring the manufacturer to replace the vehicle or give a full refund.

This law works well for car owners, but what if you own a boat or other water vehicles? If you live in a state that has a boat lemon law, you're fortunate. There are now a handful of states that have passed a boat lemon law, with is fairly similar to lemon laws on automobiles.

Boat lemon laws ensure the consumers' protection. According to the boat lemon law, a manufacturer will have to replace a faulty craft, or give your money back - no questions asked - in case the purchased vessel is defective in any way. Boat lemon laws cover the purchase of faulty sailboats, motorboats, or even jet skis.

Boat lemon laws are good news for many boaters, but before benefiting from the boat lemon law, first there are 3 conditions to be met:

1. the defect of the watercraft has to be explicitly covered in the original warranty;
2. the consumer must give the manufacturer ample chance to solve the problem; and
3. the manufacturer should have unsuccessfully tried to repair the defect within a certain amount of time.

The boat lemon law of Ohio states that you have the right to file charges only if all three criteria are met. If only one or even two of the above criteria are met, you will not be eligible to file charges under the boat lemon law.

If you do qualify to file suit, you must do so within a certain period after the date of purchase on your receipt. In Ohio, boat lemon laws give you up to 2 years to file charges.

You must discuss your case with a lawyer who is an expert on boat lemon law litigation. Be careful with this, as there are boat lemon law attorneys who represent manufacturers. You want to hire a boat lemon law attorney who is excellent in representing the consumer.

It is also important to study the conditions specified in the boat lemon law. While it is necessary to get a lawyer who specializes in boat lemon law proceedings, it is also a good idea to not completely rely on them. To make sure you will be protected, it will be good if you can study what are covered by the boat lemon law yourself.

Besides the boat lemon laws, there are other legal rulings that can protect your right as a consumer. If you are in Ohio, you might want to familiarize yourself with the Consumer Sales Practices Act and the Commercial Sales Law as well. These may provide you more supporting facts for the handling of your claims.

You can also find more info on Lemon Law Lawyer Or Attorney and Lemon Law North Carolina. Knowlemonlaw.com is a comprehensive resource to know about Lemon Law.