Lemon Law - Guideline for Arbitration

Lemon Law Questions and Answers (III)

2011-12-04T09:52:00.001-08:00

by lawyerfreefaq

Bough a truck for 500.00 within shelton,they said motor be well brought-up that it needed a carburetor.Is at hand a lemon canon?
HI something that cheap most likely is sold as an "AS IS" next to no warranty. good luck tim Source(s): 40+ years experience not for elder vehicles the usually are sold as is with no warranty on them ,you...

Bought a jeep from a vendor, lemon Law? I own it for 3 weeks, A/C doesnt work in a minute, Tires shiny on top and wont elapse?
Hi, I bought a 99 jeep grand cherokee though a dealer. It wont overrun inspection in MA where I bought it. The inspection guy told me that the hurricane lantern is cracked and holds...

Bought a used sports car at trader have be fixed 3 times and broken again lemon statute?
Lemon laws cover NEW cars lone. They do not apply to used cars. Used cars are sold "As Is - No Warranty". What part of "As Is - No Warranty" don't you understand? The moment you signed the papers taking ownership of the vehicle...

Bought a used sports car on Ebay and it wasn't as described...is here a used sports car Lemon Law for Pennsylvania?
Hi, my brother is actually the one who bought a 91 Camaro off Ebay finishing week. The listing stated that everything with the engine and nouns were in sound working order. We live in NY and the provider was in...

CALIFORNIA LEMON LAW -- my poor housekeepr get swindled and I entail to know what she can / how I can sustain her.?
She bought a salvaged car for $2250 and be told the transmission was restored, but have since had to put hundreds in to carry the car to work -- she almost had an happenstance on the freeway. She...

CALIFORNIA LEMON LAW -- please backing, what can be done here?
My poor housekeepr bought a salvaged car for $2250 and be told the transmission was restored, but have since had to put hundreds in to get hold of the car to work -- she almost had an quirk on the freeway. She showed me the "Deposit Receipt" where she paid...

Lemon Law Questions and Answers (II)

2010-01-27T23:06:00.000-08:00

by lawyerfreefaq

Any suggestions to a suitable lemon directive attorney? I'm feed up w/ my '02 Mercedes-?
4 years old good luck later trade it in. lemon law is singular 12/12 for emissions and safety. remains mbz warranty is 4/50. if its a c class any benz tech would of told you to buy a honda. most people buy a c class becase...

Anybody know roughly the NYS lemon Law?
Just bought a used car and it wouldn't start today. I haven't had it for a month however. own you check the battery cables or the battery-operated.... they could be just dirty remove battery cable scrape out the inside and reppace them and try again... try jumping it rotten with another car. folks who...

Anyone decipherable next to the Lemon Law?
Hi, I live in New York and bought a new Kia Sedona (Demo near 1200 miles on it) in March of 2008. Starting last July, the moonroof leak and the car got soaked on the inside. We thought it be just a passing this but everytime it rain the same thing happen. The dealer...

Anyone hold unpromising customer service near Sears Large Appliance Repair? Anyone know the Lemon Law inside/out?
We purchased a HVAC system from Sears in 2001 and have have it serviced 2x a year since, for the same problem. We are told the SEARS lemon law does not apply b/c it have not broken down 4 times in the same year. Not...

Anyone know more or less the Lemon Law contained by PA?
I bought a car in May. A 2006 Kia Spectra. It be rear ended a week after I bought it. The coupé is now starting to rust in several places. Not within the area that was hit. The trader keeps "buffing" the rust off & I want it re painted....

About the Author
California Lemon Law- would that apply to a certified used vehicle (2006)? Within only 1 month of purchase?
a 2006 model is still under warranty,and doesn't need to be covered by the lemon imperative,but yes it should apply to this car,especially and it being certified,if your have problems with it take it subsidise,they have to repair it,its still under warranty and...

Lemon Law Questions and Answers (I)

2010-01-18T21:50:00.001-08:00

by lawyerfreefaq

"Lemon Law" Can anyone explain to me what to expect, very soon that I hold gotten a legal representative.?
I am from south Louisiana.... I hope the car you are suing about is New, because the Lemon just applies to New cars, NOT, Used Ones. You got a lawyer for what amounts to small claims? Lemon statute applies to used cars...

(HELP) What are the law within my favor for buying a LEMON CAR ?
I think I bought a lemon car (Rx8) yesterday can someone please relief? I went in picked out a used 2004 Mazda RX8 flawless contained by every aspect, test drove it fully loaded though it was other for my trade in of my saturn ion. Called Navy...

2004 Nissan Maxima front terminate shimmy / Lemon Law Claims?
This question and post applies to anyone who either owns or have driven a 2004 or newer Nissan Maxima with similar problems as I've reported: Has anyone experienced a front end shimmy contained by a 2004 or newer Nissan Maxima? I have put my 2004 Nissan Maxima in the shop numerous...

Abyone know more or less the ny puppy lemon canon?
I bought a puppy from a kennel that ended up having parvo. Now i know the ny puppy lemon decree. however i do not wan to return puppy for refund nor do i wan to exchange for new puppy. I do want to keep hold of puppy and care for it...

Advice on vehicle problem and Lemon Law?
I have a 2008 Nissan Versa, and a few days ago my car have had some problems. I took it in and we found out the engine is close to giving out and the technician told me to gather up money to buy a new car. I wasnt aware of the grease change frequently...

Am I protected below the TX lemon regulation?
I bought a used car from a private owner and two weeks later the vehicle broke down. The radiator had to be replaced as well as a blown go before gasket and a valve. All in adjectives I'm going to be out like $700!! The reason the radiator go out (causing the other...

Any info on the Florida Lemon Law?
I can't figure it out when I read it on different websites. Anyone know or know of a website that could tell me IF nearby is something I can do about this.... Finanaced a car through mound from a local dealer and signed a paper stating 'as is'. Car have been great for 4...

About the Author
California Lemon Law- would that apply to a certified used vehicle (2006)? Within only 1 month of purchase?
a 2006 model is still under warranty,and doesn't need to be covered by the lemon imperative,but yes it should apply to this car,especially and it being certified,if your have problems with it take it subsidise,they have to repair it,its still under warranty and...

Does Pennsylvania have a Motorcycle Lemon Law?

2009-10-29T05:06:00.000-07:00

by Greg Artim

Pennsylvania does not currently have a specific Motorcycle lemon law at this time. The Pennsylvania Lemon Law currently only applies to personal use cars, trucks, vans and SUV’s, for the most part. Fortunately, however, you may be able to bring a lemon law-type claim if you have purchased a defective motorcycle. If your motorcycle suffered a substantial defect while under the original manufacturer’s warranty, there is a federal law called the Magnuson-Moss Warranty Act that covers motorcycles that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a motorcycle would be covered by this law.

The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards. Like the Pennsylvania Lemon Law, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim. If the purchaser can show that the motorcycle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, the Magnuson-Moss Warranty Act will provide relief to the purchaser. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a motorcycle is a prime candidate to use this law in the event that he purchases a "lemon".

In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective motorcycles.

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

Questions you should Ask Your Lemon Lawyer

2009-09-11T08:09:00.000-07:00

by Ryan Frank

Lemon law cases can be especially difficult and long. That's why, when choosing a lemon lawyer, it's important to take great care to ensure that you're represented by someone who is experienced and knowledgeable in his field. These are a few essential questions that you should ask your lemon lawyer before you hire him.

1. How many lemon law cases like mine have you dealt with and to what outcomes? Each lemon law case tends to fall into its own specific category, so when choosing a lawyer for your case, make sure that he has had extensive experience in dealing with cases like yours. An inexperienced lawyer will not be likely to get you the best results.

2. What are your firm's resources? You want to choose a firm that offers extensive resources and that has at least more than one lemon lawyer. Lemon law cases can go on for months, and in the event that your lawyer falls ill or is somehow unavailable, you want to know that there will be another capable lawyer ready to pick up your case immediately.

3. What are your upfront fees and how much of the settlement amount will you take? Any lawyer who's confident in his skill and ability to represent you will agree to a contingent fee. This means you don't pay anything until your case is won. Look for a lawyer that will take a set amount of the post trial settlement, rather than a certain percentage of it.

4. Will you give me a detailed itemized costs report each week? If a lawyer, for whatever reasons, will not provide you with an itemized costs report, don't hire him. An itemized cost report lets you stay involved in and informed about your case at all times so you can see how much progress is being made and how much you're spending.

5. Do you have a good knowledge of my state's lemon laws? Every state has its own set of lemon laws that are specific to it and that change the dynamic of lemon law cases. Make sure that your lawyer knows your state's lemon laws well, as this will enable him to better represent you.

To learn more about San Diego's lemon law or find the best lawyers and attorneys to answer any questions or help with your case, please visit http://www.california-lemonlawyer.com.

About the Author
Ryan Frank is a 23 year writer and blogger living in San Diego, CA.

Lemon Law Tips - 6 recommendations from Top Lemon Law experts

2009-07-29T03:24:00.000-07:00

by Dinkum Interactive

You've spent a lot on your new automobile and sometimes this investment can go sour. We provide you with 6 quick tips to make sure you are as protected as possible including links to websites where you can do some research. These tips are aimed at educating consumers so that your headaches are minimized.

Lemon Law Lawyers like it when everything is in place before taking on the automotive dealers. It's important to make sure your documentation is in place from the very beginning. Following these six tips may help you when your vehicle is in the shop:

1. NEVER LEAVE THE REPAIR FACILITY without a copy of the work orders. A complete record of the vehicle history is very important, especially with repeated problems. Although not absolutely necessary to prove your claim at a later date, copies of the records prevent the dealer from writing several repair visits as one, a common practice.

2.GET AS MUCH INFORMATION as you can. Comprehensive work repair orders are especially valuable. Try to get it as detailed as possible and make sure they include the dates. Accurate reporting is very important.

3. ASK ABOUT TSBs - TSB (Technical Service Bulletins) are instructions from the manufacturer that alert dealerships about defects or repairs in certain models. However, dealerships do not generally tell the customer about TSBs unless asked. So speak up. Ask the dealership to write your TSB request on the repair order even if told no TSBs exist for the concerns you are experiencing.

4. DEMAND RESPECT - You paid a lot for your vehicle...so don't be afraid to go over anyone's head if your vehicle isn't repaired properly. Part of the price of the car is the warranty service for which repairs are being made. You paid for it, you should get your moneys worth.

5. ARBITRATION - At present, the Federal Trade Commission has determined that no manufacturer has in place an "arbitration program" which complies with Federal minimum standards. What this means is that the FTC finds these programs to be unfair to consumers.

6. DON'T BE MISLED - In some situations, the dealership may claim that the consumer is causing the problem. This is a common tactic when the dealership cannot fix the problem or the manufacturer has no repair to correct the condition. Ask about the TSBs as stated above and stick to your guns. Your situation is not as unique as the dealership represents.

HELPFUL WEBSITE LINKS:

To obtain a vehicle history on your car, check http://www.carfax.com

To obtain the value of your car for sale, go to http://www.kbb.com.

To find out if technical repair bulletins or recall have been issued for your vehicle, choose http://www.nhtsa.gov.

NaturallyFree Articles, we feel it is important to get in touch with a Lemon Law Attorney as soon as possible but the most important thing is to do your homework and have everything in place so that you don't jeopardize your claim.

ABOUT THE AUTHOR
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 www.lemonlaw.com.

The 6 Step Pennsylvania Lemon Law Test

2009-06-02T03:11:00.001-07:00

by Greg Artim

Take the Pennsylvania Lemon Law Test to see if you are driving a lemon. In PA, if you are driving a lemon, the Lemon Law sets forth that you are entitled to a full refund of the purchase price or a free replacement vehicle.

1. Does your vehicle exhibit a substantial defect or non/conformity?

This is the first key in determining whether or not you have a lemon. The defect within your vehicle must be substantial, and it must affect the use, value or safety of the vehicle. While there is no definitive list as to what is substantial, the common sense test applies here. Problems associated with the engine, transmission, suspension, drivetrain, steering, brakes and any water leaks are often found to be substantial. Problems associated with the radio or the rear-view mirror may not meet this criteria. (That does not mean that you don’t have a claim, it just might have to be pursued under other state or federal laws).

2. Have you given the dealer/manufacturer a reasonable opportunity to repair the defects?

This is one that my clients sometimes have trouble with. Often, I receive a call after a person’s vehicle has exhibited a problem one time. That is simply not enough to pursue a claim. The PA Lemon Law requires that the manufacturer be given a reasonable opportunity to repair the defect. The Lemon Law has set forth that the number of repair attempts is 3 (for the same problem). There is an alternative that can be satisfy this requirement with less that 3 repair attempts and that is if the vehicle is out of service for more than 30 calendar days total (all repair attempts added up).

3. Did you notify the manufacturer of the defect within the first year or 12000 miles?

The problem that you are complaining of must appear within the first year or 12000 miles, and the dealer/manufacturer must be placed on notice of the problem within that time.

4. Was the vehicle purchased in Pennsylvania and is it registered in Pennsylvania?

These two are required elements to pursuing a Lemon Law claim in PA.

5. Was the vehicle purchased new or as a demonstrator?

The vehicle in question must have been purchased as a new vehicle, or have been a demonstrator. Used vehicles are not eligible for coverage under the PA Lemon Law at the time of this writing.

6. Is the vehicle used for personal use?

The Pennsylvania Lemon Law only covers personal use motor vehicles, that isArticle Submission, vehicles that are primarily used for transportation or leisure use. The Lemon Law does not cover commercial vehicles.

ABOUT THE AUTHOR
Greg Artim is a Consumer 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 Lemon Law . If you live in a different state, Greg recommends visiting Lemon Laws

Lemon Law Firms Are Not All Created Equal

2009-05-18T08:21:00.000-07:00

by Dinkum Interactive

Not all Lemon Law firms are as reputable as they appear online. Some are merely websites. Others say they have practiced in a state where they have not. We offer further insight and a list of questions you need to ask before hiring a lemon law attorney.

Thanks to the world wide web, anyone can promote their services on-line through systems like google adwords. This enables law firms to target specific terms and pay to appear under these terms. There is no filter. There currently is no law against doing so. The disturbing fact is that folks can write anything in their ads that they want - there is no control or protocol. Law firms can tell prospective clients they have 20 years experience in a particular state like Pennsylvania where they have not. While we think this is poor form, we don't necessarily fault them, they're trying to make some money. It does mean however, that you may not be getting the service you expect so you need to know who you are hiring.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

Experience - How long has the company been around for?

Honors, Awards and Recognition - Has the company or lawyers received accolades for their service?

Locations - Beware of the fake office! Very few Lemon Law firms have physical offices in other states, but many of them say they do. Try calling the local phone number or stopping by sometime.

Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway. Rather than accepting the self-promoting tag lines of a law firm, look around and see what community leaders, legislators and the media say.

Former Clients - see if there are testimonials or even blogs from previous clients.

Need more Information? Here are some questions you need to ask a lemon law firm:

- How long has the lawyer been practicing law?

- How long has the lawyer practiced Lemon Law?

- Does the lawyer have a license to practice in the client's state? (Very important)

- Has the lawyer received any recognition, honors or awards for work performed in the client's state?

- Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case.

- When was the last time the lawyer received a successful verdict in a Lemon Law case?

- Can the lawyer provide any references of other clients, attorneys, or judges in the client's state? - If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?

- How is the lawyer compensated?

- Is the client advised in writing at the start of the case what their rights and responsibilities are? - Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? (We have four ASE-certified experts on staff)

- What does the client need to do to assist the lawyer in a case?

- Does the lawyer have a physical office within the client's state?

- Is a lawyer and/or their staff available to speak with clients on a daily basis?

ABOUT THE AUTHOR
Authors Michael Sacks and Paul Fleming represent Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991. Contact them at www.lemonlaw.com/mail.html or visit their website at www.lemonlaw.com.

Ohio Lemon Law - Your Last Recourse

2009-04-30T05:24:00.000-07:00

by Kevin Bishop

If you buy a new vehicle, you are sure to have a warranty from the manufacturer. What it does is that it requires the manufacturer to pay for parts and service if any problem arises. Now, if the problem is critical and it falls under the warranty, all you need to do is approach the dealer to resurrect it. And if the dealer cannot fix the problem after a considerable number of attempts, you may have a lemon. Yes, you can claim a lemon law that makes you entitled of a replacement or compensation on part of the manufacturer.

Ohio lemon law came into being to safeguard the consumer's rights against any flaw that largely impairs its use, worth or safety, and has not been suitably repaired or repaired in a timely manner on part of the manufacturer. Passenger cars, motorcycles, motor homes and "light" trucks are the vehicles covered by the lemon law. Remember, the lemon law is pertinent for the above said vehicles in the first year or 18,000 miles of action, whichever happens first. However, recreational vehicles as well as boats are out of the question. It is worth mentioning that Ohio lemon law is not applicable for used cars.

Lemon laws make sure that the manufactures and dealers reimburse the purchased price of the vehicle or provide a replacement vehicle, if they are unsuccessful to resurrect the problem within a considerable amount of time. Any letdown to act in accordance with Ohio's Lemon Law is a breach of Ohio's Consumer Sales Practices Act.

Before a vehicle is said to be a lemon, there are a lot of things apart from the manufacturer's defect, which are required to be considered. If within the first year of purchase or 18,000 miles of operation, the manufacturer through the dealer has made three or more attempts to fix the problem, but all in vain the law is applicable.

Similarly, if the vehicle does not function for a total of 30 or more calendar days for repairs. If the manufacturer takes eight or more tries to repair a sizeable problem covered by the warranty, it still calls for the enactment of the lemon law. The law also applies when there has been one repair attempt at the most for a safety-related problem, which still remains unresolved.

Ohio Lemon Law also ensures that the automakers and dealers present more information to consumers than before. Consumers should keep good records and an exact maintenance history to stay in safe hands. They should keep all warranty and repair orders intact. On receiving the order, consumers must counter check it to authenticate all the pertinent information. From writing down the vehicle's problems to filing in the repair records, everything needs to be done. Last but not the least, a consumer should certainly follow the owner's manual.

Always remember that before you file a lawsuit, arbitration is another way to resolve your dispute. Arbitration can also be compulsory at times. Generally, verdict is given within 40 days after the Board has received the consumer's application for arbitration. The best part is that the manufacturers pay for arbitration programs irrespective whether they win or lose.

With the initiation of the Ohio lemon law, there has been less problems with automobiles and hence a good number of satisfied customers.

About Kevin Bishop
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com

PA Lemon Law - Is it really free?

2009-04-05T03:28:00.000-07:00

by Greg Artim

The PA Lemon Law provides for recovery of your reasonable attorney fees. In addition, experienced lemon law firms in PA pay the costs of your lawsuit up front so that you do not have any out of pocket expenses in pursuing a lemon law claim.

I practice law in Pennsylvania with a concentration on Lemon Law and Breach of Warranty issues for vehicles. Our state Lemon Law protects consumers who have purchased defective vehicles, and it’s a pretty powerful statute. The best provision in the law, in my opinion, is that it allows for recovery of your reasonable attorney fees.

In Pennsylvania, under a typical lawsuit, there is no recovery of attorney fees. For instance, if you wanted to sue someone who owes you money, you would likely have to hire an attorney and pay him/her a retainer out of your pocket. Then, whether you win or lose the lawsuit, you must realize that you will not get your attorney fees back. Its considered a cost of filing a lawsuit here in PA.

On the other hand, as mentioned previously, the Lemon Law has a provision that allows for recovery of attorney fees. Because the law is so generous and consumer oriented in regard to attorney fees, you will not ever have to pay a retainer to an attorney who handles these types of matters, at least not if he/she is versed in the law. (You should really not consider hiring an attorney who asks for a retainer on an actual lemon law case). At the time of the writing of this article, I can say that there are only about 5-6 law firms based in Pennsylvania who specialize in Lemon Law cases, and I can say with certainty that none of them would ask for a retainer on a Lemon Law case. In addition, I believe that all of these firms actually pay for the costs of the lawsuit (filing fees, expert witness fees, etc...) so that you do not have to spend anything out of pocket to pursue a claim.

As there is no attorney fee out of pocket, its pretty much a no-brainer when deciding whether to hire an attorney and present a lemon law claim. The only issue, as mentioned previously, is to make sure that you hire an experienced lemon law attorney who is versed in the attorney fee provision.

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 Lemon Law . If you live in a different state, Greg recommends visiting Lemon Laws

Used Car New York Lemon Law

2009-03-17T07:46:00.000-07:00

by Harvey Ong

Regardless of what precautions a buyer takes, every once in a while, somebody is going to end up buying a busted auto. Such things happen to be among the unavoidable, unpleasant little details of life. However, such things are also the reason several states, New York among them, have lemon laws. Protecting consumers is the core purpose of the used car New York lemon laws and a smart consumer would do well to know those laws before making a purchase. While the used car New York lemon laws can be complicated and confusing for those who aren't trained attorneys, there are some aspects of the law that are easy to understand and should be known by all consumers.

First off, the used car New York lemon law requires that a seller, be it a dealership or website, provide the buyer with a basic warranty, on paper, for the auto. While the mandated coverage periods of the warranties vary with the mileage on the vehicle being sold, most consumers do feel some degree of security knowing that there is, at least, some sort of protection for their purchase. The law also requires dealers to cover repair costs for a vehicle if it is still falls within the coverage period stipulated by the law. The lemon law also forces dealers to repair parts outside the coverage period, provided the buyer informed the seller of the defect before the warranty runs out.

In relation to the repair-related clauses of the law, the used car New York lemon law also states that once an automobile has been repaired or parts of the machine replaced, three times, the dealership is obliged to accept the machine, should the buyer decide to send the auto back for a refund. Such a return, however, is disqualified if the vehicle was damaged by the buyer or through regular use and not by flaw or damage present before the machine was sold. Thus, the law forces dealers to take responsibility and make sure that every car that their lot has sold is in good condition and is not likely to break down within a span of a few days.

The used car New York lemon law also makes it impossible to deny the warranty. Dealers are mandated by the law to uphold their end of the bargain, regardless of whether or not the buyer has been made explicitly aware of the limited guarantee. On a side note, dealers are also required to divulge the existence of the limited guarantee to the buyer once the purchase is complete. According to the clauses in the law, any attempt made by a buyer to waive the warranty will not be recognized. Such clauses were put into place for the specific purpose of protecting unwary consumers from the dealership's tactic of convincing buyers to waive the right to have the dealer repair any damage that was caused or ignored while the vehicle was not with the buyer.

As with similar laws in other areas, the used car New York lemon law was designed to protect consumers from being ripped off by unscrupulous resellers. While NYC has a reputation for having a large population of people more than willing to unlawfully take another person's money, used car New York lemon laws provide at least some level of comfort to used car buyers.

About the Author
For more valuable information on Used Car New York, please visit http://classifieds.itrustmotors.com//cgi-bin/classifieds.cgi?db=cars

Lemon Law and Leases

2009-01-29T10:37:00.000-08:00

by Robert F. Brennan, Esq.

Evidently some dealers and manufacturers have been telling consumers of leased vehicles that they do not have the same “lemon law” rights when they lease cars. This is not accurate. The fact of a lease does have some impact upon a consumer’s lemon law rights, but the consumer yet retains substantially the same lemon law rights as purchasers of vehicles. Here are the points you need to know:

1. In a lease, you really do not have any equity in the car so your damages are usually limited to your inception payment and your payments into the vehicle. If the manufacturer or dealer agrees to unwind the lease, you need to make sure that the lease is being paid off in the settlement so this does not remain an obligation which ultimately could affect your credit.

2. Many manufacturers argue for a larger “mileage offset” for leases, because, they claim, the mileage on the vehicle is a greater percentage of the more limited period of the lease as opposed to the longer period of “permanent ownership” in the event of a sale. This is a negotiation point to be worked out on a case-by-case basis, depending upon the total circumstance.

3. In general, if you wait until late into the lease to bring your lemon law claim, the manufacturers will more than likely ignore you on the basis that your lease is substantially used up. So, for instance, if you have a three-year lease and you bring your lemon law claim after 18 months, you stand a far greater chance of getting a good result than if you wait until 28 months into the lease. The longer you wait, the more likely the manufacturer will just sit back and say, “The lease is almost up–let’s ignore this lemon law claim.”

4. Many leases include a “residual value” (agreed-upon value upon lease expiration, most frequently used to calculate the cost of purchasing the vehicle) as a part of the lease. If the residual value is less than the total lease payoff, some manufacturers try to “sucker” consumers into believing that the manufacturer is only responsible for paying the residual value, not the lease pay-off, when the case settles. Ignore this crap. If you win your lemon law claim, you have a right to have your lease completely paid off. Settlements may vary and, depending on the circumstances, may or may not accomplish complete payoff of the lease, but this is no reason to buy into this poor argument from manufacturers that the residual value has anything to do with settling the case.

5. If you exceed your mileage allotment significantly, this will negatively affect the strength of your lemon law claim. As with all lemon law cases, if you can afford to limit your driving of the vehicle, or even park it, this will improve chances of winning and of getting full compensation.

6. Whether you buy the car at lease expiration is up to you, and you can continue with your lemon law claim on a leased vehicle even if the lease is expired and you have had to turn in your car. However, since you no longer have the car, the case is obviously worth less total money and it usually makes more sense to settle for some cash compensation once the vehicle’s lease has expired.

7. If you have a lease fraud or a finance fraud claim, this normally is not treated as a lemon law claim and involves a whole different set of rights about which you should consult us directly.

About the Author
Robert F. Brennan, Esq. is a principal with Brennan, Wiener & Associates, an AV-rated law firm in La Crescenta, CA. His firm specializes in consumer protection litigation, including car dealer fraud, lemon law and consumer class actions. He can be reached through his website: http://socallemonlaw.com

Lemon Law Myths And Misconceptions

2008-12-17T14:49:00.000-08:00

by Charles Essmeier

Buying an automobile, truck, or sport utility vehicle is often a daunting, stressful and expensive process. People pay more money for their cars than for just about anything other than their homes. And once the vehicle has been purchased, one hopes that it will run just fine for the foreseeable future.

But sometimes things go wrong. For those situations, every state has passed a lemon law, a statute that exists to backup the manufacturer's written warranty that comes with the vehicle. But most people don't know anything about lemon laws and rarely give them a thought until something goes wrong. And once people start to given lemon laws some thought, they often realize that what they thought they knew about them is wrong.

Here are a few things about lemon laws that are often misunderstood:

# Used cars are covered under state lemon laws. Generally, this is not true. Most states' lemon laws cover the original owner of a new car only. If you are the second owner of a car, even if it is still under warranty, you may find that your state's lemon law doesn't protect you. There are a few states that cover the car during the duration of the warranty regardless of the number of owners and a few that even have special lemon law for used cars. If in doubt, check with your state's Attorney General's office.

# If you buy a new car, you may return it for a refund within three days of purchase. Again, generally not true. It may be true if you buy a toaster, but for large purchases such as a car, once you buy it, you own it. For that reason, make sure that you test drive any new vehicle that you are thinking about buying. And not just one like it – drive the exact car you intend to buy. If you are buying a used car, have an independent mechanic check it out before you buy to make sure that it is in good order.

# The dealer must inform you if the vehicle has been in an accident. Most states do not require this. Furthermore, it's not always possible for a dealer to even know if a vehicle has previously been in an accident. Dealers are, however, generally required to disclose information about any known damage to the vehicle. Don't expect the dealer to be forthcoming with information that he or she may not necessarily want you to know. Be proactive and ask a lot of questions. And again, if it's a used car, be sure to have an independent mechanic look it over before you buy.

Lemon laws are there to protect consumers from defects in workmanship and to make sure that the dealer and/or manufacturer will repair any problems that arise during the warranty period. But a lemon law is no substitute for diligence or research on the part of the buyer. Know what you are getting into before you buy a car, truck or SUV.

About the Author
©Copyright 2006 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.

Lemon Law Lawyer Could Be Useful

2008-10-05T09:01:00.001-07:00

by Charles Essmeier

Since the first lemon law was passed in 1982, all fifty states have enacted some form of consumer protection for owners of defective automobiles. The laws vary greatly from state to state, but the premise is the same - people who buy new, defective vehicles are entitled to receive a replacement or a refund. This works well on paper, but in practice, the process can be rather time consuming and complicated. Some states have rather straightforward requirements for which vehicles qualify; others are far more complicated. Some states allow the owner to sue the manufacturer directly; others require that the owner submit to manufacturer or state sponsored arbitration procedures first.

Since lemon law claims are complicated and are not the sort of thing that most consumers handle more than once, there is some advantage to hiring an attorney to help. In many cases, hiring a lawyer isn't necessary, as the system was designed to let the consumer handle the case without legal assistance. But there are many unexpected circumstances that can turn up in these cases, and most people could benefit from the help of an experienced attorney.

Here are some examples of how an attorney can help:

Speed up the process - Manufacturers are notorious for finding excuses not to pay on a claim. They may be more likely to be cooperative if the consumer has hired legal representation, especially if you have hired one with a proven record of success in lemon law cases.

Arbitration help - Arbitration programs tend to favor the manufacturer. They fund the programs, and many arbitrators are on their payroll, given them ample reason to rule against the consumer. While most states do not regard arbitration decisions as binding, many consumers who handle the cases themselves give up after losing an arbitration decision. The presence of an attorney can help.

Advice in a poor case - Some states require the consumer to pay the manufacturer's legal costs in the event that the consumer should lose his or her case. These costs can run into the tens of thousands of dollars. If your case is a weak one, an experienced lawyer could save you this money by letting you know ahead of time that you shouldn't pursue it in court.

In most states, consumers who win their cases are entitled to compensation for attorney's fees. That being the case, there is a strong argument for at least discussing your defective automobile with a lawyer before you seek a refund or replacement for your defective vehicle.

About the Author
©Copyright 2006 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.

Lemon Law - Car Finance Guide

2008-09-04T07:47:00.000-07:00

by John Walter

Lemon laws are made by United States state laws to help car consumers whose cars repeatedly fail to meet certain standards of quality and performance. The position of such cars is called lemons. The Magnuson-Moss Warranty Act or federal lemon law protects every one of all states and they vary by state. Lemon law may not cover used or leased cars. The Lemon law rights managed to consumers may go beyond the warranties expressed in purchase contracts. Lemon law is just a common nickname for these laws buy every state have their own different names for such laws and acts.

In California, anything mechanical is covered by lemon laws as well as the federal lemon laws. The federal lemon law provides that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.

Used car purchases:
If anyone purchased a used car then there are two situations where he is qualified for cash or other lemon law benefits:

Situation #1: One may be entitled to compensation for breach of warranty if he had one of the following Warranties:

a) Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
b) The vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
c) He purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).

Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer's Warranty Exists. If he does not have a manufacturer's warranty of any kind he may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:

Laundered Lemon;
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.

Since Lemon Laws vary from state to state so accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.

"As is" purchases:
If a person knowingly purchase a car in "as is" condition then he accepts the defects and void his rights under the lemon law.

Other lemon laws:
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.

If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).

ABOUT THE AUTHOR
John Walter is a successful writer and publisher of Stock Exchange and legal issues, for more informative articles on Lemon Law.

A Good Lemon Law Lawyer To Take You All The Way

2008-08-14T03:28:00.001-07:00

by Kevin Bishop

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

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

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

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

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

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

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

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

About the Author
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com

How To Make Georgia Lemon Law Work For You

2008-07-28T05:13:00.001-07:00

by Peter Gitundu

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

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

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

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

About the Author
Peter Gitundu Is A Web Administrator And Has Been Researching And Reporting On Automotive For Years. You Can Post Your Views On this Article On My Blog Here Georgia Lemon Law georgia used car lemon law Feel Free To Read My Other Articles On Law Lemon Georgia Lemon Law

How To Get Compensated With New York Lemon Law

2008-07-13T07:38:00.000-07:00

by Kevin Bishop

What is New York Lemon Law?

If you buy, lease or transfer a car or motor home, new or used, and it develops serious defects that cannot be fixed by the manufacturer you can get even with the dealer or manufacturer under a law called New York Lemon Law regardless of the warranty clause or waiver signed by you.

What defects qualify for redress?

New York Lemon Law takes up and determines all major defects i.e. engine trouble, transmission problem, wobbles, stalling, starting trouble, leaks, rattles etc, except the normal wear tear.

What the law requires?

· That your car should be registered with New York State and covered with warranty.

· That serious defects must have developed within first 18,000 miles or two years from the date of original delivery, which ever is earlier.

· That even after four or more repaires for the same defects the problem has not been solved completely.

· That it remained at the workshop for a period of 30 cumulative calendar days.

· That driving such a car is fraught with danger to your life.

· That the car was for personal use.

· That due to the defects the value of the has diminished.

· That you have not made any alterations in the car.

· That you have performed your contractual obligations.

· That the dealer or the manufacturer refused to carry out repairs.

How to initiate an action?

Within 4 years of original purchase, you must fill up a Request for Arbitration form available at the Attorney Generals Regional office enclosing all documents, relevant bills, correspondence, job work records etc. If the request is tenable, you would be required to deposit the request fees.

You can go directly to court but arbitration is cheaper and convenient. You can also opt for mediation with dealers/manufacturers under the rules framed by Federal Trade Commission.
You may go for an oral hearing in presence of your mechanic or seek justice on the basis of the document disclosed. Verdict, which is appealable, is out within 10 days of the final hearing.

It is best to appoint a qualified Attorney to pursue your case as from time to time new notifications are issued by the government in the matter. Lawyers' fees are payable by the Dealer/Manufacturers and consultations are free.

Available Remedies

In case you win, New York Lemon Law entitles you to the price of the car plus all payments made by you including Government fees and levies minus the deductions allowed by the judge depending upon the demerits of your case.

About the Author
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com

Arizona Lemon Law

2008-07-05T05:38:00.000-07:00

by Ronaldo Wagh

Arizona Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Arizona consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer products.

If you purchase or lease a vehicle in Arizona and then discover that it has defects that substantially affect its safety, use or value, Arizona Lemon Law may help you gain satisfaction from the vehicle's manufacturer. Under the Arizona Lemon Law, new cars, leased cars, pre-owned cars, RV's, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a "lemon", and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.

Circumstances in which the consumers seek protection under Arizona Lemon Law:

A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either:

1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist.

2. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier.

B. The term of an express warranty, the two year period and the thirty day period are extended by any period of time during which repair services are not available to the consumer because of any war, invasion, strike, fire, flood or other natural disaster.

C. The presumption prescribed in this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect.

Differing from some laws in other states, the Arizona Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the Arizona Lemon Law, vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle's manufacturer needs to be notified of the unsatisfied buyer's intention of sale or trade.

About the Author
Ronaldo Wagh http://www.LemonLawAmerica.com - A perfect guide and resource to the state lemon laws.

Lemon Law Lawyer Could Be Useful

2008-07-03T05:00:00.000-07:00

How To Utilize The Lemon Law

2008-06-30T03:31:00.001-07:00

by Elizabeth Sinclair

If you find yourself with a lemon of a vehilce, here are some tips to help you utilize the lemon law.

Remember that if you're stuck with a lemon, your complaint is with the manufacturer. Although your instinct may be to blame the car dealer, the dealer is just the middleman for the defective product.

1. Document your repairs and be accurate with each problem. Obtain copies of all warranty repair orders from the dealer and keep notes of your reported problems. Also, keep notes of all conversations you have with service people, including the date, time and participants in these conversations.

2. Contact your state attorney general's office or conduct other research to determine the provisions of your state's lemon law. There are variations in each state's laws.

3. Determine whether your previous efforts to repair the problem satisfy the requirements of your state's lemon law. Most state laws allow the manu-facturer three or four chances to repair the defect or defects.

4. Write to the manufacturer if problems persist. Explain how burdensome it is to continually repair the car, and how your trust in the product's reliability has been shattered. Ask for reimbursement of your related expenses (such as a rental car, if it was needed), or other compensation for your troubled experience. Your particular state's lemon law will prescribe methods for doing so.

5. State in your letter that you wish to exercise your right to a refund or replacement of the vehicle, if you would rather not keep the lemon. Specify which option you desire.

6. Consider hiring an attorney if the manufacturer is unresponsive. Find an attorney who specializes in lemon-law cases. Remember, though, that only some state lemon laws allow a consumer to recover attorneys' fees when suing a manufacturer.

Tips: Your best defense against an uncooperative manufacturer is a thorough, specific and accurate service-record paper trail. This shows that you made the correct number of attempts to have the problems fixed, whether the defect was the same each time, or several different ones.

About the Author
Elizabeth Sinclair is the owner of the popular automotive and car buying website at Buy-Car-Site

What Florida Lemon Law Covers

2008-06-27T04:05:00.001-07:00

by Peter Gitundu

The Florida lemon law cover new and demonstrator vehicles and if they are leased, they are also covered. There is a list of vehicles that are not covered and they include trucks carrying more than 10,000 pounds, recreation vehicles, motorcycles and mopeds, vehicles purchased for resale and off road vehicles. If you are not familiar with the lemon laws, they are laws specially designed to protect those consumers who buy defective cars from car dealers and manufacturers. And in Florida, the laws are very active and they seek to deliver justice to every person who has been unfairly affected.
Therefore, if you find that your car is a lemon, you can follow the steps provided and you will achieve your desired goal. The first thing is to take your car to the repair shop and keep a record of every visit. You will eventually find that if it is indeed a lemon, there is no cure for it. Florida lemon law provides that you take the car at least 3 times. You are advised not to waste any time and the next thing you do is to notify the manufacturer through certified, registered or even express mail. The next step is to seek a solution through the arbitration programs and in the manufacturers' one, the two parties come together with a third party who will act as a mediator and take them through the dispute.

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

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

About the Author
Peter Gitundu Is A Web Administrator And Has Been Researching And Reporting On Automotive For Years. You Can Post Your Views On this Article On My Blog Here Florida Lemon Law Feel Free To Read My Other Articles On Lemon Law Here Florida Lemon Law

Lemon Laws - Protecting Consumer Rights

2008-04-30T05:04:00.000-07:00

By Garry L. Neale

Lemon Laws were established in 1978 as a way to ensure consumers have a voice if their car is not repaired properly or if the vehicle they have purchased is in constant need of repairs. Lemon laws protect the rights of the individual to drive a car that is safe and in good working condition.

Before any lemon law existed, consumers were left in the dark if their vehicle didn't work properly or was always breaking down. Basically, you were at the mercy of the manufacturer or auto repair shop and had no real power to fight back. Oftentimes car owners were forced to continually pay for expensive repairs out of their own pocket - not something everyone could easily afford to do. Lemon laws, however, have changed all that.

In addition, constant repairs also meant missing work, or being forced to find other means of transportation while the car was in the shop. But lemon laws do more than just help the consumer. Lemon laws also make life easier for the manufacturer because it allows companies to learn from their mistakes, improve customer service, and have knowledge of any problems customers may be having with their cars. The lemon law can actually make the manufacturer aware of problems beforehand, in order to avoid a lawsuit.

The lemon law allows the consumer to contact the manufacturer if something is wrong with the vehicle so that the situation is remedied before things spiral out of control. The lemon law then allows the company to find out what the problem is and gives them a chance to make corrections. Once the consumer has allowed for such a resolution to occur, if the problem still isn't solved, the lemon law makes it possible to seek legal recourse.

But an automobile lemon law is not necessarily straightforward. You can claim a vehicle only if it fits under certain requirements of the automobile lemon law. For instance, a basic requirement is that the dealer and manufacturer have been given a certain amount of time to make amends. However, to ensure everything is properly documented for the automobile lemon law, make sure you keep copies of all repairs and work orders. With an automobile lemon law, it's always best to keep records. This is the only way to ensure you have the automobile lemon law working for you.

What about used cars? Is there a used car lemon law? The short answer is, "yes," there is a used car lemon law put in place to protect the purchase of a used car, which can be infinitely more complicated. Of course, used cars can run into more problems than new vehicles, which is why the used car lemon law covers different issues. Purchasing from a used car dealer is not necessarily easy for the consumer, which is why the used car lemon law is so important. The used car lemon law protects you when you need it most.

It's important to note that lemon laws can change from state to state. Laws in Texas, California, New York, and Florida may differ. Before you make any claims, do some research on the lemon laws in your state. The requirements for a claim in Texas may vary widely from those in California, New York, or Florida. The best thing you can do is become an informed consumer, and you will be protected.

To learn more about how Lemon Laws protect your rights, check out the Free Consumer

Automobile Lemon Law

2008-04-17T06:02:00.000-07:00

By Charles Stubbs

The automobile lemon laws were designed to protect car buyers from irreparable manufacturers' defects in automobiles that should be ordinarily be covered under warranty.

So How Did The Lemon Laws Come About?

Consumer demand for lemon law protection started to swell from around 1972, when more than one million people were found to have paid for vehicles that had problems that dealers could not, or would not, repair. Connecticut and California were the first states to adopt an automobile lemon law, and other states were quick to follow. They've had a dramatic effect on vehicle quality and today, with the increased accountability demanded by lemon laws, claims have dropped to about 100,000 new cases a year.

So What Is Covered Under Lemon Law?

Every state now has an automobile lemon law and the specifics of each vary widely. However, as a general guideline, you are considered a candidate for protection under the lemon law if you have a serious problem (or, in certain cases, a string of minor problems) that falls under your car warranty. A problem is usually considered serious when it threatens the use, value, or safety of the vehicle.

Some examples of serious problems that would probably be covered include brake failure, transmission problems, and repeated non-starts. The lemon law in most states will not cover thing like funny noises, loose cup holders, and peeling paint - most times that's just fair wear and tear.

The type or ownership of vehicles is also important when it comes to protection under the lemon law. In some states, leased vehicles are covered as well as wholly owned vehicles. Others exclude automobiles purchased for business purposes or special kinds of vehicles such as RVs and motorcycles. Even used vehicles may be covered if they come with a car warranty.

Inevitably, some shady car dealers try and write a clause in sales contracts that states that no lemon law claims can be made against the vehicle. These provisions are totally invalid and can be ignored - as long as your vehicle has a car warranty and qualifies under the other automobile lemon law provisions, you will be covered no matter what you originally signed.

Before any lemon law comes into effect you must give the manufacturer ample opportunity to repair the problem in question. This is usually defined as a specific number of repair attempts (for example, four attempts to repair the same problem) or a certain amount of time when the vehicle is out of action (for example, four weeks). A life-threatening vehicle defect may require only one attempt at repair before falling under the lemon law.

So What Happens if I Qualify for the Automobile Lemon Law?

If you believe that you qualify for protection you must file a claim with the manufacturer within a certain period of time. Usually, the case will then be brought for arbitration with the manufacturer. If you win your case, you will most often receive a replacement vehicle or a refund of your purchase price minus a fee for vehicle use.

Most laws restrict but the lemon laws, almost uniquely, have empowered thousands of American consumers in putting right some very obvious wrongs. For specific detail on your situation visit Lemon Law Advice Made Easy and get the power.

The Lemon Law - Taking The Law Into Your Own Hands

2008-04-04T06:02:00.001-07:00

The North Carolina Lemon Law

2008-03-20T22:36:00.000-07:00

by Greg Artim

The North Carolina lemon law (known also as the New Motor Vehicles Warranties Act) applies to all new motor vehicles sold in the state that are under 10,000 pounds. The law covers vehicles that are either purchased or leased.

As per the North Carolina lemon law, if a vehicle has a serious defect that prevents it from conforming to its warranty and the consumer reports the problem within the express warranty period, the manufacturer has the obligation to repair the nonconformity. A serious nonconformity is one that substantially affects the vehicle's use, value, or safety. If the manufacturer is unable to repair the nonconformity after a reasonable number of attempts, the vehicle must be repurchased or replaced at the discretion of the consumer. The manufacturer is presumed to have had a reasonable chance to repair the nonconformity after 4 unsuccessful attempts to repair the same nonconformity, or after 20 business days in which the vehicle was out of commission to repair one or a series of non-conformities.

In order for this presumption to apply, the consumer has to notify the manufacturer in writing of the defect, and give the manufacturer up to 15 days to make repairs. The consumer must also give the manufacturer written notice of intent to file a claim under North Carolina lemon law at least 10 days before submitting the claim.

The manufacturer has no liability if the nonconformity was caused by abuse, odometer tampering, or modification by the consumer. Additionally, the defect must have become apparent within the first 24 months or 24,000 miles. Before filing a North Carolina lemon law claim with the judiciary system, the consumer must attempt to resolve the problem with the manufacturer's settlement board, if it has one, and if the board is certified and information about the lemon law process was included with the warranty at the time of sale. If a vehicle that was purchased by a consumer is repurchased by the manufacturer under North Carolina lemon law, the manufacturer must pay the full purchase price of the vehicle including charges for service contracts and warranty(s), dealer preparation and delivery, installed options, tax, tags, and registration, finance charges incurred after the consumer first reported the nonconformity, and any costs that were a direct consequence of the nonconformity.

The manufacturer is entitled to a reasonable offset for the consumer's use of the vehicle. The offset is calculated by dividing the number of miles driven by the consumer by 100,000, and multiplying the result by the purchase price.

If a leased vehicle is repurchased under North Carolina lemon law, the lessee (consumer) will receive a sum that includes all payments made on the lease, including tax, tags, registration, and other government fees paid upon obtaining the lease, and any costs that were a direct consequence of the nonconformity. The reasonable offset for usage of the vehicle is subtracted from this total, as calculated above.

If a vehicle is replaced under North Carolina lemon law, the replacement must be a comparable new vehicle that is similar to the original. No usage offset may be applied.

About the Author
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. For more information on Lemon Laws in North Carolina or any other state, please visit www.50stateslemonlaw.com . If you are driving a Lemon in Pennsylvania, please visit his website at www.ihatethislemon.com

Lemon Law Myths Busted

2008-03-09T22:34:00.000-07:00

by David J. Gorberg

I bought a used car, so I don't have a claim.
This is a myth for two reasons. First, under your state's Lemon Law you may have a monetary claim, though it may not include replacement of the vehicle. Secondly, your car may be under manufacturer's warranty, or you may have had problems with the vehicle in the past while it was still under the warranty's coverage. Bottom line: Lemon Laws in all states were written for the protection of the consumer, so don't assume that you have no recourse. Let a qualified attorney make that determination.

My dealer told me I have no claim.
Lemon Laws in every state are written for the protection of the consumer, not the dealer or manufacturer. So the person best qualified to determine whether or not you have a claim is an attorney specializing in Lemon Law. At the very least, dealers are not qualified to make such a judgment. And at the very worst, they may be doing so out of self-interest since dealers get paid by the manufacturer to make warranty repairs, not to replace lemons.

My dealer has had 3 chances to fix my car, but they haven't been able to. I am now entitled to a refund or replacement.
Not necessarily. Several factors have to be considered before recovery can be determined. They include persistence and severity of the problem, the number of days the vehicle is in service, and frequency of visits to the dealer. No two cases are exactly the same, which means your case would be handled according to your unique set of factors.

The problem's been fixed, so I can't make a claim.
Also untrue. The set of factors that go into determining a lemon-law claim does not include whether the car's problem has been fixed. Oftentimes the problem does get fixed but only after too many days in service, too many trips to the dealer, too much inconvenience to the owner. Such a car has probably proved itself a lemon despite the fact that the problem's been fixed. Also consider that a "fixed" problem may return long after the dealer seems to have figured it out.

I need to file a claim within the mileage or time limits of the law (12 mos. or 12,000 miles in PA; 2 years or 18,000 miles in NJ).
Myth! Both states require that you report the problem within the time or mileage limits. Bringing the vehicle to the dealer for repair would qualify as reporting the problem. The claim can then be filed beyond the law's maximum time and mileage.

I have three days after I buy a vehicle to change my mind.
This sounds reasonable, but in all likelihood, it's not true. Standard auto-sales agreements do not include such a provision, and it would not be in the dealer's best interest to offer it. So be sure that you understand all paperwork attached to the purchase before you take possession of the vehicle. And be certain that you want the car, because you probably can't return it.

If I don't want the vehicle, I can leave it at the dealer, and it's their problem.
This is untrue. However you took possession of the vehicle--whether you bought it outright, leased, or financed--the responsibility for it is yours. Even in the case of a leased or financed vehicle, the dealer will often sell their interest to a leasing or financing company. So in any of these purchase scenarios the dealer is not the owner.

Several things may happen if you do abandon your vehicle on dealership property:

- the dealer may charge you for storing the vehicle
- you would remain responsible for whatever happens to the vehicle while it's there -- since you would still be the legal owner
- the finance company may repossess it if you stop making payments
- they may also sue you for the difference between what you owe and the price they're able to get for the vehicle at auction
- a voluntary repossession would be reported to the credit bureau on your behalf

In every respect, leaving your vehicle at the dealership is a bad idea.

The dealer (or manufacturer) is responsible for the maintenance of my vehicle.
Not true. Once the purchase is complete, the vehicle and its maintenance (as described in your owner's manual) are your responsibility. This includes such things as monitoring and replacing oil, coolant, and transmission fluid; and maintaining tire inflation and rotation. Even if service is improperly done on your vehicle--your tires are over inflated at the local tire shop, for example--the responsibility is yours. The dealer is responsible only for repairs covered under warranty, and these do not, as a rule, include vehicle maintenance. So read your owner's manual carefully and take note of the time and mileage maintenance recommendations.

The Lemon Law is for your protection, don't fall victim to misinformation and make your next steps the right steps. If you're convinced that you're driving (or nursing) a lemon, call an attorney who knows the law. The law is there for you-don't get stuck with a lemon.

To learn more about the Pennsylvania & New Jersey Lemon Law please call 1-800-MY-LEMON (1-800-695-3666) or email us.

About the Author
David J. Gorberg & Associates is the largest lemon law firm in Philadelphia and Pittsburgh, and one of the most successful lemon law firms in country. The firm's offices are located in Philadelphia, PA, Pittsburgh PA and Marlton, New Jersey, and can be reached at 1-800 MY LEMON (1-800-695-3666) or by visiting the David J. Gorberg & Associates website at http://www.MyLemon.com.

Need A Lemon Law Attorney? Know What to Ask To Avoid A Sour Experience

2008-02-26T22:10:00.000-08:00

You recognize that you have purchased a lemon. Where do you go from here? Choosing a lemon law attorney should be easy and it often is but there are things that you should check and questions you need to ask.

Choosing a Lemon Law Attorney may look easy, but to be certain of the right choice, it takes more than clicking a link of advertisements and search engine results. Select the wrong law firm and it can spell disaster for your case and your wallet. But if you ask the right questions, accept nothing less than answers that can be backed up with fact, and promise yourself to make no decision until you are confident in doing so, the chances of having a sour experience with a Lemon Law attorney can be cut down dramatically.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

* Experience - How long has the company been in business? Don't go by the date on the website, check the records. A company who has only been around for a couple of years may not have the proven track record that you need. For me, the risks are too high to be leaving it to inexperience.

* Honors, Awards and Recognition - Check for references such as Super Lawyers and Rising Stars in attorney polls conducted by Law & Politics Magazine,and SJ Magazine.

* Locations - Beware of the fake office! Try calling the local phone number or stopping by sometime to make there is an office and real people.

Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

* Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway.

* Former Clients - From state senators, to judges, police, media personalities, professional athletes, doctors, religious leaders, fellow lawyers, musicians, union tradesmen, and most importantly, the average person and clients will come from all parts of society, from diverse economic groups and from all segments of society. Sometimes testimonials are available but often word of mouth is a great reference.

* Here are some questions you need to ask a lemon law firm:

- How long has the lawyer been practicing law?

- How long has the lawyer practiced Lemon Law?

- Does the lawyer have a license to practice in the client's state? (Very important)

- Has the lawyer received any recognition, honors or awards for work performed in the client's state?

- Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case. (Read about us in our on-line newsroom).

- When was the last time the lawyer received a successful verdict in a Lemon Law case?

- Can the lawyer provide any references of other clients, attorneys, or judges in the client's state?

- If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?

- How is the lawyer compensated?

- Is the client advised in writing at the start of the case what their rights and responsibilities are?

- Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client?

- What does the client need to do to assist the lawyer in a case?

- Does the lawyer have a physical office within the client's state?

- Is a lawyer and/or their staff available to speak with clients on a daily basis?

Even in law, there are questionable individuals and companies who are prepared to take your money and may misrepresent your case. Having a lemon vehicle is enough of a headache; the last thing you want is to go through more pain. Check credentials, ask questions, do a little research before connecting with a lemon law lawyer.

ABOUT THE AUTHOR
Paul Fleming represents the Lemon Law firm 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 www.lemonlaw.com.

Lemon Law Firms Are Not All Created Equal

2008-02-26T22:08:00.000-08:00

Not all Lemon Law firms are as reputable as they appear online. Some are merely websites. Others say they have practiced in a state where they have not. We offer further insight and a list of questions you need to ask before hiring a lemon law attorney.

Thanks to the world wide web, anyone can promote their services on-line through systems like google adwords. This enables law firms to target specific terms and pay to appear under these terms. There is no filter. There currently is no law against doing so. The disturbing fact is that folks can write anything in their ads that they want - there is no control or protocol. Law firms can tell prospective clients they have 20 years experience in a particular state like Pennsylvania where they have not. While we think this is poor form, we don't necessarily fault them, they're trying to make some money. It does mean however, that you may not be getting the service you expect so you need to know who you are hiring.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

Experience - How long has the company been around for?

Honors, Awards and Recognition - Has the company or lawyers received accolades for their service?

Locations - Beware of the fake office! Very few Lemon Law firms have physical offices in other states, but many of them say they do. Try calling the local phone number or stopping by sometime.

Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway. Rather than accepting the self-promoting tag lines of a law firm, look around and see what community leaders, legislators and the media say.

Former Clients - see if there are testimonials or even blogs from previous clients.

Need more Information? Here are some questions you need to ask a lemon law firm:

- How long has the lawyer been practicing law?

- How long has the lawyer practiced Lemon Law?

- Does the lawyer have a license to practice in the client's state? (Very important)

- Has the lawyer received any recognition, honors or awards for work performed in the client's state?

- Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case.

- When was the last time the lawyer received a successful verdict in a Lemon Law case?

- Can the lawyer provide any references of other clients, attorneys, or judges in the client's state? - If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?

- How is the lawyer compensated?

- Is the client advised in writing at the start of the case what their rights and responsibilities are? - Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? (We have four ASE-certified experts on staff)

- What does the client need to do to assist the lawyer in a case?

- Does the lawyer have a physical office within the client's state?

- Is a lawyer and/or their staff available to speak with clients on a daily basis?

ABOUT THE AUTHOR
Authors Michael Sacks and Paul Fleming represent Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991. Contact them at www.lemonlaw.com/mail.html or visit their website at www.lemonlaw.com.

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

2008-02-21T12:50:00.001-08:00

Submitted 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

Great News for Garden State—Senate Looks to Expand NJ Lemon Law

2008-02-07T21:27:00.001-08:00

by Paul Fleming

Jim Griffin from Politicer.com is reporting that the Senate Commerce Committee approved legislation that would better protect consumers under the New Jersey Lemon Law for new car purchases by expanding coverage from 18,000 miles to 24,000 miles. The Bill was sponsored by Senators Barbara Buono and Nicholas Scutari.
The Committee approved Bill S-454, which would amend the "Lemon Law," which protects purchasers of new automobiles and motorcycles. The Bill would expand the law from 18,000 miles to 24,000 miles or two years of ownership, whichever comes first. In addition, for those defects that are likely to cause death or serious bodily injury, the manufacturer would have just one chance to fix the defect before the car would have to be replaced. For non-lethal defects, dealers would be held to the current standard which allows three attempts to fix the defect before replacing the vehicle. This is similar in nature to the Maryland Lemon Law, with the exception that Maryland requires four attempts for non-lethal repairs.

"When safety is a concern, three repair attempts are two too many," explained Senator Scutari to Griffin. "There is a major difference between an inconvenient oversight like a malfunctioning radio and the possibility that your car won't stop when you hit the brakes. Our drivers shouldn't have to put themselves at risk two or three times before they get a car that provides the safe transportation we expect when buying a new car."

The Bill also requires that dealers make sure consumers receive the State's "Lemon Law" protection Owner's Warranty Rights Notification booklet. The bill passed the Committee by a vote of 5-0 and now awaits consideration by the full Senate. This is great news for New Jersey consumers, which already has one of the strongest lemon laws in the Nation, according to the Center for Auto Safety. The Center for Auto Safety ranked the NJ Lemon Law as the second most effective lemon law in the Country and in a letter to state legislators, CAS Executive Director Clarence Ditlow specifically said the state could strengthen their Lemon Law provision by requiring only one repair attempt if a defect threatens death or serious bodily injury, covering a vehicle that has many different problems at once, and penalizing auto manufacturers who willfully violate the Lemon Law.

The New Jersey Lemon Law also provides fee-shifting provisions which enable consumers to receive 100% cost-free legal representation. If the consumer prevails, the manufacturer must pay all attorneys fees and legal costs on top of what the consumer receives.

About the Author
For more information regarding the New Jersey Lemon Law, contact the Cherry Hill, NJ-based lemon law firm of Kimmel and Silverman at 1-800-LEMON-LAW (1-800-536-6652) or visit http://www.lemonlaw.com

Alabama Lemon Laws

2008-01-31T21:44:00.000-08:00

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

2008-01-18T23:12:00.000-08:00

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?

2008-01-10T23:10:00.000-08:00

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 didnâ€™t perform up to standards. State and federal statutes informally known as â€œLemon Lawsâ€ 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 ï¿½" 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 â€œdouble talkâ€ 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 â€œnormal operating condition.â€ Always get a second or third opinion to verify your confirmation of the existing problem. Further, always ask for all Technical Service Bulletins (â€œTSBâ€™sâ€) 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 warrantorâ€™s refusal to provide you a repair order.

If you believe you have a â€œLemon,â€ 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

2008-01-06T23:08:00.001-08:00

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

2008-01-02T23:41:00.000-08:00

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.

Lemon Law Car - When Your New Car Goes Sour

2007-12-27T23:38:00.000-08:00

By Karen Kirby

So you've bought a new car, fresh off the line. You're surprised when something goes wrong, but you have a car warranty and just take it to the dealer for repairs.

However, the problem occurs again, and again, and again. You realize it's time to research your local lemon laws.

First of all, lemon laws can light a fire under your service department. So don't be afraid to push your service department into action. Get information regarding your state's lemon law, and get your money back or have the problem fixed correctly.

If you paid for an extended warranty, don't be afraid to get your money's worth.

However, if your car actually qualifies as a lemon under your state's lemon law, generally you receive a replacement automobile or monetary compensation.

But how can you tell if your car qualifies?

If you think you have a lemon, a simple consultation with an attorney who specializes in the lemon law can help you determine if the problem is your mechanic or your car.

The lemon law isn't meant to be challenging. It's there to protect you, not the dealership. By all means, don't shy away from using the lemon law because it confuses you. It is there to help protect your vehicle when regular car warranties are of no use.

As long as you have documented all of your attempts, you’ll be in good shape!

Karen Kirby has over 25 years' experience in the computer industry, an MS in Computer Science, and a BA in Honors English. She has been helping people with Internet marketing since 1995. For more information on lemon law cars see http://lemon-law.eworldrewards.com/use-the-lemon-law-squeeze.htm . Be sure to get a free copy of the "Internet Marketer's Guide to Free Traffic" at http://www.aimbright.com/ebook .

Copyright 2006 - Karen Kirby. All Rights Reserved Worldwide.

Lemon Law Ohio- The 6 Questions You Need To Ask

2007-12-24T23:37:00.000-08:00

By David Faulkner

Since Lemon Law Ohio was put into legislation, many car manufacturers exerted greater effort in ensuring the quality of their vehicles. This is because Lemon Law Ohio penalizes manufacturers who sell defective vehicles to consumers.

As a consumer, you want to be sure that you are purchasing good quality products, such as motor vehicles. Unfortunately, many consumers have fallen victim to manufacturers selling faulty vehicles, and there was nothing they could do about it.

Now, Lemon Law Ohio gives consumers the right to demand better service from car manufacturers. In summary, Lemon Law Ohio requires manufacturers who sell defective cars to either take responsibility of all repairs to the vehicle, replace the vehicle, or give the consumer a complete refund.

This is definitely good news to car owners in the state. But like any other law, Lemon Law Ohio has many technicalities that the consumer has to know about. To help you determine if you are qualified to file a case under the Lemon Law Ohio, you must first ask yourself these 6 questions:

1. Has your vehicle been repeatedly brought to the shop for the same kind of trouble?

2. Has it stayed there for a total of more than 30 days due to repairs?

3. Has there been more than 6 attempts to remedy various defects in the vehicle?

4. Have you brought your vehicle to the manufacturer for repairs under warranty? Did the same problem occur again when the warranty ran out?

5. Have you been refused service or repair while the vehicle is under warranty?

6. Have you been charged for a repair service while the vehicle is under warranty?

Under the Lemon Law Ohio, if you answered yes to any of these questions, then you are qualified to file suit against the manufacturer under Lemon Law Ohio. Once the court rules in your favor, you will be granted any of several benefits provided by the Lemon Law Ohio.

Lemon Law Ohio gives you the option to choose whether your faulty vehicle will be completely repaired by the manufacturer, or replaced by one of similar value. You may also opt for a complete refund under Lemon Law Ohio. This refund will usually cover everything from the sales price you paid for the vehicle to all the fees and taxes.

One thing you should know about the Lemon Law Ohio is that it only applies if you bought your vehicle under the original manufacturer's warranty.

Lemon Law Ohio states that it doesn’t matter if you had your vehicle fixed, or if you had traded it already. As long as you answered yes to at least one of the questions above, you can still file a suit under the Lemon Law Ohio.

In order to qualify for the benefits of Lemon Law Ohio, you must file your claim within 5 years after the date you bought your vehicle.

You can also find more info on Automobile Lemon Laws and Boat Lemon Law. Knowlemonlaw.com is a comprehensive resource to know about Lemon Law.

Lemon Law Texas Explained To The Layman

2007-12-18T23:35:00.000-08:00

By David Faulkner

As a vehicle owner, it would be wise to know more about the Lemon Law Texas, which is a piece of legislation designed to protect your rights of purchasing a fully functioning vehicle.

Lemon Law Texas covers all vehicles, from motorbikes to mobile homes, as long as you purchased them new from the manufacturer. Lemon Law Texas does not include coverage of used or second-hand motor vehicles, or repossessed vehicles of any kind.

If you have purchased a defective car, Lemon Law Texas requires the manufacturer to immediately take a look at the faulty vehicle and make necessary repairs. For minor problems, Lemon Law Texas gives the manufacturer 4 chances to fix the car. For more critical problems, like those involving the brakes or steering, Lemon Law Texas will only grant the car manufacturer 2 opportunities to fix the damage.

All these repairs must be completed within a year from the original date of purchase, or 12,000 miles, whichever comes first, according the Lemon Law Texas. When the manufacturer has unsuccessfully tried to repair the defects and the time period has elapsed, the Lemon Law Texas allows the consumer to demand a refund.

This is good for the consumer, but Lemon Law Texas does not take unnecessary advantage of the manufacturer. Lemon Law Texas does grant a refund, but it will be adjusted according to the owner's car usage. So if you have used the car heavily since you bought it, Lemon Law Texas will still give you benefits - but do not expect a full refund.

Although the Lemon Law Texas is strict in this manner, it does grant you reimbursements in other ways. Lemon Law Texas will qualify you for refunds of all expenses incurred for repairs of the vehicle. Lemon Law Texas also ensures that you will be repaid for any towing services or rental car expenses that you had when the defective car was not in the garage for repairs.

These are all great benefits to the consumer, but in order to avail of them, Lemon Law Texas states that you have to abide by certain conditions as well.

1. At the time you bought the vehicle, it has to be new. Used or repossessed vehicles are not qualified under Lemon Law Texas.

2. All repairs done to the vehicle from the date of purchase must have been done in an authorized service center. Lemon Law Texas will not work for you if you had your car repaired by unauthorized shops.

3. Lemon Law Texas will not cover defects that came from the owner's negligence or misuse of the vehicle. Lemon Law Texas will also not cover defects resulting from the owner's alteration of certain parts of the vehicle.

4. You must keep all your paperwork in order. This includes your written claims, receipts, estimates and all other documents pertaining to the defective vehicle. Missing documents may hinder you from benefiting from Lemon Law Texas.

When you have followed all these conditions, then there is no need to worry. Lemon Law Texas will ensure that you will get the claims that you deserve. There are some car manufacturers, however, that will not cooperate even when faced with litigation under the Lemon Law Texas.

In this case, you might need the services of an attorney to help you in the proceedings of filing complaints and other processes as required by Lemon Law Texas.

You can also find more info on New York State Lemon Laws and Pennsylvania Lemon Law. Knowlemonlaw.com is a comprehensive resource to know about Lemon Law.

State Lemon Laws - The Common Ground

2007-12-15T23:32:00.000-08:00

By David Faulkner

Every state in America has its own state lemon law to protect car owners from defective motor vehicles. The specifics of state lemon laws vary from state to state, but they all have the same purpose, and there are several areas of similarity.

1. State lemon laws begin with the explanation of a lemon. Specific conditions are listed that would determine whether a defective vehicle is actually a lemon or not. Typically, a lemon is any motor vehicle that has been purchased by the consumer, found to be substandard in some way, and has been repeatedly and unsuccessfully repaired.

2. State lemon laws allow car makers to try getting the vehicle to work again for a few times before officially considering a vehicle a lemon. However, the actual number differs with each state lemon law.

3. State lemon laws put the burden of repair costs on the manufacturer. All state lemon laws liberate consumers of the expenses of repairs, if the malfunction is brought to light within a specific period of time. Typically, this window lasts up to 24 months from the date of purchase, or 24,000 miles, whichever comes first.

Some state lemon laws also take into consideration the manufacturer's original warranty, but some state lemon laws allow the consumer to receive free restorations even if they did not purchase the extended warranty.

4. The period of filing for claims varies with each state lemon law. Some state lemon laws allow an extended period of up to 5 years for filing, while others require the car owner to file within the warranty period.

5. All state lemon laws grant consumers a replacement automobile or a reimbursement, following certain criteria. State lemon laws will oblige the manufacturer to grant a replacement vehicle or reimburse the consumer's money, once certain criteria are met. However, there are different criteria involved with every state lemon law, and you must consult your own state's lemon law for clarity.

Most state lemon laws entitle the consumer to a replacement or refund after 4 unsuccessful attempts to eliminate the defect.

As for the refunds, there are some state lemon laws that award a full money-back benefit to the consumer, but the majority of state lemon laws take into consideration the owner's mileage in computing the repayment. Each state lemon law has a different computation for this refund reduction, and you must check with your particular state lemon law to be sure.

6. Only about 50% of state lemon laws charge legal bills to the manufacturer. But perhaps more state lemon laws should include this clause, because there are significantly more cases won in those areas.

You can also find more info on Pennsylvania Lemon Law and Pet Lemon Laws. Knowlemonlaw.com is a comprehensive resource to know about Lemon Law.

Lemon Laws For Motor Vehicles And Products Used By Disable Persons

2007-12-10T23:27:00.000-08:00

By Ismail Ahmed Alhashmi

As the term lemon law may be defined variedly. These lemon laws are The United States state laws that provide remedies to consumers for automobiles that are poorly manufactured requiring repetitive repairs, as well as, the deceptive practices of some vehicle sellers and fail to meet certain standards of quality and performance. Such defected vehicles are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states against such experiences.

These lemon laws were structured since the 1980's in order to protect the buyers of new and used motor vehicles. Lemon law can be obligatory on any type of vehicle including a car, truck, van, SUV, motorcycle, boat or computer, motorized wheelchairs, scooters and other assistive devices used by disabled persons etc. In case any of these consumer durables or property is found to be flawed then the consumer is entitled for either money back, replacement or a cash settlement. The best source to consult with is a Lemon law attorney as lemon laws of every state varies. These laws have matured over the years and are now finally being adapted.

As discovered the motor vehicle has defects in it that impairs the vehicles usage, the consumer should make the vehicle available to the dealer or the manufacturer. The manufacturer should have made three reasonable attempts for the certain repair before the petition is made by the consumer. The consumer must bear in mind the number of repairs attempts and the acknowledgement to the manufacturer prior to the lemon law suit. There are certain conditions that are observed before pursuing a lemon law suit. If those conditions are satisfied, the defect is covered by manufactures warranty.

ACCENT polled 55 Attorney Generals (from all U.S. states and 5 territories) to determine which states other than motor vehicles have specific lemon laws regarding motorized wheelchairs, scooters or other products used by persons with disabilities. Each representative was asked to respond to one of the following statements:

• A respective state has enacted this or other similar legislation.

• A respective state is in the process of enacting this or other similar legislation.

• A respective state has not enacted and does not expect to pursue this or other similar legislation.

The poll responded in 32 replies (58%) to the made query, many of which were accompanied by copies of laws and/or brochures corresponding to the answers. Where applicable, the proper contact agency was also noted on the response.

The general results of the poll, based on responses, were:

• Three states, California, Florida and Wisconsin, have enacted specific lemon laws or have included wording specific to assistive devices/products for use by persons with disabilities in their consumer protection laws;

• Kansas, Maine, Montana, North Dakota, Oregon and Wyoming felt that the items that were referenced were covered in their existing consumer protection laws;

• Illinois, Nevada and Washington have more specific legislation in process at the current time;

• Three states, Hawaii, Oregon and Minnesota, requested that they are let know what other states are doing so they can follow-up in their jurisdictions.

Based on the information received, California and Wisconsin have the most comprehensive laws protecting the disabled consumer.

Wisconsin's "Wheelchair Lemon Law," enacted in 1992. This law covers these items for a period of one year. If the motorized wheelchair or scooter has a defect which has been unsuccessfully repaired at least four times or has been out of service due to the defect for 30 days (not necessarily consecutive), it is considered a "lemon" and therefore covered under this law. The defect must "significantly impair the use, value or safety of that chair or scooter." Remedies under the Wisconsin law include the choice of either obtaining a comparable new replacement or a refund from the manufacturer.

The state of California has taken a different approach to protecting the disabled consumer. Instead of enacting a specific lemon law, the act known as Song-Beverly Consumer Warranty Act contains very explicit wording to cover "assistive devices...used, or intended to be used, to assist a physically disabled person..." The California law covers new or used devices and contains very clear language pertinent to the warranties that must be provided by the retailer.

Finally, some very important tips and suggestions that I think are important and will have significant benefits are:

• Some states only cover the purchase of new equipment, some cover both new and used items. In either case, your purchase might be covered by both an implied and express (written) warranty.

• To determine if your motor vehicle or precisely wheelchair, scooter or other purchase might be a lemon, do this easy 3-step test:

1. Does the defect substantially impair the use of the device? If YES, go to test 2.

2. Is the defect the result of abuse or negligence? If NO, go to the last test.

3. Is the wheelchair, scooter or other device still within its normal expected 'useful life' and has not simply worn out? If YES, you might have a 'lemon'.

• Keep detailed documentation of all repairs, including copies of repair work orders with the date and description of repairs.

• Many laws cover your purchase for a set period of time (for instance, one year). A written complaint to the seller can, in some states, have the effect of 'freezing' this warranty time, thus extending the warranty period until the problem has been corrected.

• Be informed of your rights as a consumer. Your purchase has been a costly one and is very important to you in many ways.

For more information about the laws in your state, contact your state's attorney general for common motor vehicles or Governor's Council on Persons with Disabilities (both at your state capital) or simply visit at www.4lemonlaws.com

Ismail Ahmed is a Legal Advisor and SEO based Content Publisher of http://www.4lemonlaws.com and http://www.aboutdivorce.org

Squeezing The Lemon Out Of The Lemon Law

2007-12-07T23:26:00.000-08:00

by Barry Edzant

Aimed at protecting the consumers, the California Lemon Law gives the consumers within the state a legal right to return defective vehicles to manufacturers for a full or partial refund, if the vehicles are still found to be in need of repair after a reasonable number of attempts at repairing.

In order for the Lemon Law to apply, the vehicle needs to be under the original manufacturer's warranty, have had four repair attempts at the dealership (or two if the problem causes serious injuries or fatalities), or been in for repair for the same problem for over 30 days, at which time the vehicle many be returned to the manufacturer for full or partial refund plus incidental expenses. The vehicle's issues must greatly diminish it's safety, value, or usability

Manufacturers never like to buy the vehicle back due to the costs involved. At times manufacturers try to claim that the warranty does not apply, arguing that the owner made improper use or changes to the vehicle. If you are proved to have voided your warranty, you will lose a Lemon Law case.

When you purchase a new vehicle, it's wise to use the following guidelines:

1. Precisely follow the suggested maintenance schedules. (You do not have to take your vehicle to a dealership for routine maintenance; you should, however, take the vehicle to a dealership to have all warranty repairs performed.)

2. Even if the garage made no repairs, keep the receipt. If you are doing your own engine work like changing oil, please retain all buying receipts with you.

3. You should take your vehicle to the dealership straightaway if it is not behaving correctly. Your rights under your warranty may be forfeited if the problem worsens due to not being recognized.

4. Never alter the stock vehicle configuration with non-stock parts. Van conversions are a potential problem because after they are converted, they are no longer considered stock.

5. Don't try to use the vehicle for any purpose other than what is intended, such as trying to haul a huge boat with a tiny economy car.

6. A continuous problem needs to be reported to the dealership's service manager and the manufacturer's rep in writing.

Furthermore, getting into a car wreck will sometimes void aspects of a warranty. For instance, if your suspension is damaged in an accident, suspension problems that occur in the future are not likely to be covered under the Lemon Law.

Even though they dislike repurchasing their own products, vehicle manufacturers will generally be persuaded to go along with the purchaser if the automobile really is a Lemon according to the Lemon Law. By using these tips, you can improve the chances of a successful Lemon Law case, and not be left puckering with a sour taste.

Barry Edzant, one of the more experienced Santa Clarita personal injury attorney, has emphasized lemon law cases for the last 10 years. Barry understands the nuances of the Ca lemon law and additionally can help those with other personal injury claims such as those seeking California dog bite lawyer.

Pennsylvania Lemon Law - 10 Things Car Owners Should Know

2007-12-02T23:24:00.000-08:00

By David Faulkner

Lemon laws have been created in every state to protect the rights of car owners and potential buyers. Each state has its own variation, and Pennsylvania Lemon Law is no exception. To better understand the Pennsylvania Lemon Law, we have outlined the important aspects of it that every car owner should be familiar with.

1. Pennsylvania Lemon Law covers all new cars that were purchased in the state of Pennsylvania. The vehicle must have a Pennsylvania license plate.

2. The Pennsylvania Lemon Law only covers vehicles that were purchased for personal or family use. Vehicles purchased for commercial purposes are not covered by the Pennsylvania Lemon Law.

3. All covered vehicles must have a maximum seating capacity of 15 individuals. Larger vehicles are not covered by the Pennsylvania Lemon Law. In addition, motorbikes, trailers, and other recreational vehicles are not covered by the law.

4. Pennsylvania Lemon Law states that repairs to particularly defective vehicles must be performed by the vehicle maker within 12,000 miles, or 12 months of purchase, or the period of time specified in the original warranty. All repairs must be shouldered by the manufacturer.

5. The Pennsylvania Lemon Law gives the manufacturer a total of 3 opportunities to fix the vehicle. If all these tries failed, or if your car has been under repair for more than 30 days, the Pennsylvania Lemon Law obliges the manufacturer to grant you a prorated refund, based on your mileage, or give you a replacement vehicle of comparable value.

6. According to Pennsylvania Lemon Law, you must have your car repaired only at authorized service centers. Vehicles that have been repaired at unauthorized shops will not be covered by the Pennsylvania Lemon Law.

7. Pennsylvania Lemon Law states that the costs for repairs and towing services are to be shouldered by the manufacturer.

8. Pennsylvania Lemon Law does not cover defects resulting from the owner's negligence or misuse of the vehicle.

9. Pennsylvania Lemon Law prohibits returned defective cars from being resold in the market, unless they have passed the state's standards. This is another way that the Pennsylvania Lemon Law protects our consumer rights.

10. If you want to use the protection offered by the Pennsylvania Lemon Law, you must contact the car manufacturer right away to have your car repaired. When the time for repairs has elapsed and the defect is still there, you can try for a settlement or file charges immediately.

When filing charges under the Pennsylvania Lemon Law, you will usually get greater benefits but it will take longer than a settlement. In this case, you will need a lawyer who is an expert in Pennsylvania Lemon Law to help you with the proceedings.

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.

Lemon Law Advice On Spot Delivery Scams

2007-11-30T23:21:00.000-08:00

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!

2007-11-26T23:23:00.001-08:00

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?

2007-11-23T03:57:00.001-08:00

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

2007-11-20T05:23:00.000-08:00

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?

2007-11-15T16:29:00.001-08:00

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

2007-11-09T05:27:00.001-08:00

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?

2007-11-05T09:25:00.000-08:00

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/

Tips For Buying A Used Car And Avoiding A Lemon

2007-10-31T05:29:00.001-07:00

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

2007-10-29T07:27:00.001-07:00

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'?

2007-10-27T06:22:00.000-07:00

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

2007-10-25T04:00:00.001-07:00

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

2007-10-23T04:44:00.000-07:00

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

2007-10-21T06:37:00.000-07:00

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

2007-10-19T14:58:00.000-07:00

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

2007-10-16T07:01:00.001-07:00

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

2007-10-14T05:14:00.000-07:00

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

2007-10-12T07:30:00.000-07:00

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

2007-10-08T07:56:00.000-07:00

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?

2007-10-04T06:03:00.000-07:00

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

2007-10-02T07:26:00.000-07:00

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.

Understanding The Lemon Law

2007-09-30T10:02:00.000-07:00

by Stephen Kreutzer

Lemon laws were designed to protect the consumer. Buying a vehicle is one of the major purchases a person can make and having protection against a bad deal is important. Lemon laws differ from state to state, but the basics of the law are standard throughout the United States.
The lemon law gives consumers a basic definition of what considers a vehicle to be a lemon. It also states the manufacturer is responsible for problems and goes on to define how matters should be handled when a lemon is in question.

The lemon laws sets up a warranty period that is usually between 12 and 24 months. It also specifies how many attempts must be made to correct the defect before a refund or replacement is ordered. Most often serious defects that would affect the safety and security of passengers is allowed one attempt to correct. Other lesser concerns usually are allowed three attempts. When the refund is given there are dedications for use of the vehicle. This usually correlates with the number of miles on the vehicle. Not every situation qualifies under the lemon law, so checking state regulations is important before attempting to use the law.

Once you know your situation qualifies under the lemon law there are some steps to take. Repairs are an important part of the lemon law, as stated above, there are a certain number of attempts allowed to try to repair the defect. It is important that you keep good repair records to prove the attempts have been made. After repairs have been attempted you have to notify the manufacturer about what is happening. You should then be set up to get the refund or replacement. Sometimes the manufacturer will disagree and you may have to go to court to resolve the matter.

Lemon laws are a way to make manufacturers responsible for the vehicles they make. When a person buys a vehicle they expect to be able to drive it and use it, not be stuck with major problems. Fortunately more often than not major defects are caught as soon a the vehicle is on the market and the manufacturer steps up to replace them. However, if this doesn't happen then your state's lemon laws are there to look out for your rights.

About the Author
Stephen Kreutzer is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides information on lemon laws at Lemon Law Facts.

What Is The Lemon Law - A Concise Definition

2007-09-29T09:28:00.000-07:00

by Earl Powers

Lemon law refers to the statement from the government that was created to protect consumers from defective piece of automobile. An automobile that has manufacturing defect or if it asks for repeated repairs after purchase and if the automobile is under warranty period, such a vehicle is termed as a lemon.

A law was placed for the benefit of consumers to prevent them from a lemon vehicle. In a nut shell if any vehicle such as a car is under warranty period and is suffering from various defects that prevent a consumer to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.

Lemon law can be enforced on any sort of vehicle like a car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables like computers, etc.
A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also applicable to vehicles which have been resold but are still under warranty and meet the mileage and time criteria. More often it is very difficult to persuade a manufacturer to accept a lemon vehicle. In such cases a lemon suit is often called for.

To ensure whether a vehicle is a lemon or not one should observe certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Such a condition should be covered by manufacturer's warranty. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should have also been issued to the manufacturer prior to a lemon law suit.

A vehicle that has been bought back by the manufacturer from the customer is known as a Lemon Buy Back. Such lemon buy backs are often sold in auctions as used cars by the manufacturers.

The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.

A lemon vehicle explicitly loses market value due to its manufacturing defect. Moreover, manufacturing defects may lead to several life threatening circumstances. It also substantially impedes a person's ability to control or operate a motor vehicle for ordinary use or intended purposes. Any manufacturing defect can also create a substantial risk of fire or explosion. All these risk elements call for enforcement of Lemon law in the states of United States. This law helps consumer from all such threats and hazardous circumstances.

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

Lemon Law - Guideline for Arbitration

Lemon Law Questions and Answers (III)

Lemon Law Questions and Answers (II)

Lemon Law Questions and Answers (I)

Does Pennsylvania have a Motorcycle Lemon Law?

Questions you should Ask Your Lemon Lawyer

Lemon Law Tips - 6 recommendations from Top Lemon Law experts

The 6 Step Pennsylvania Lemon Law Test

Lemon Law Firms Are Not All Created Equal

Ohio Lemon Law - Your Last Recourse

PA Lemon Law - Is it really free?

Used Car New York Lemon Law

Lemon Law and Leases

Lemon Law Myths And Misconceptions

Lemon Law Lawyer Could Be Useful

﻿Lemon Law - Car Finance Guide

A Good Lemon Law Lawyer To Take You All The Way

How To Make Georgia Lemon Law Work For You

How To Get Compensated With New York Lemon Law

Arizona Lemon Law

Lemon Law Lawyer Could Be Useful

How To Utilize The Lemon Law

What Florida Lemon Law Covers

Lemon Laws - Protecting Consumer Rights

Automobile Lemon Law

The Lemon Law - Taking The Law Into Your Own Hands

The North Carolina Lemon Law

Lemon Law Myths Busted

Need A Lemon Law Attorney? Know What to Ask To Avoid A Sour Experience

Lemon Law Firms Are Not All Created Equal

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

Great News for Garden State—Senate Looks to Expand NJ Lemon Law

Alabama Lemon Laws

BBB and the PA Lemon Law

Lemon Law - What Are Your Rights?

Nevada Lemon Laws

Boat Lemon Law- What You Know Can Protect You

Lemon Law Car - When Your New Car Goes Sour

Lemon Law Ohio- The 6 Questions You Need To Ask

Lemon Law Texas Explained To The Layman

State Lemon Laws - The Common Ground

Lemon Laws For Motor Vehicles And Products Used By Disable Persons

Squeezing The Lemon Out Of The Lemon Law

Pennsylvania Lemon Law - 10 Things Car Owners Should Know

Lemon Law Advice On Spot Delivery Scams

How To Squeeze That Lemon Law Painlessly!

What Is The Pennsylvania Lemon Law?

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

Auto Lemon Laws – Do You Need A Lawyer?

Pucker Up On The Latest Lemon Law

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

Tips For Buying A Used Car And Avoiding A Lemon

Understanding The Texas Lemon Law

Is Your Car A 'Lemon'?

Lemon Laws Don’t Protect Used Car Buyers

Auto Lemon Laws – About The Arbitration Process

Getting The Most Juice In Your California Lemon Law

A General Overview of a Lemon Law Claim

Why You Need To Keep Records In Lemon Law Cases

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

The PA Lemon Law

How Not To Buy A Lemon

Is My Car a Lemon?

The Lemon Laws

Understanding The Lemon Law

What Is The Lemon Law - A Concise Definition

Lemon Law - Car Finance Guide