How to Find a Lemon Law Lawyer When Threatened With Car Repossession
Don't be threatened by car repossession. Find a Lemon Law specialist. You may want to consider a lemon law attorney who is able to help you win a substantial settlement for your lemon. A lemon law lawyer will always be ready and willing to help you out.
Lemon Laws are basically laws that provide protection to car owners. They are legislations passed by the 50 states to provide consumer protection against auto and other vehicle manufacturers for breach of contracts or warranties. These laws differ from one state to another.
If the vehicle you have bought failed to meet the manufacturer's quality standards and specifications, the said manufacturer is bound by law to repair the defects within a specified time period as stated in the warranty.
If the same problem persists after the repair, it will be construed as a breach of contract and the manufacturer is obliged to give you a refund, either partially or in full, or replace your car with one of the same value, depending on what state you live in.
The California Lemon Law generally provides a reasonable (usually four) number of repair attempts on a vehicle or usually about 30 days that the vehicle remains unusable because of serious defects before its owner is eligible for a refund or replacement. First consult a lemon law lawyer to see if your vehicle qualifies as a lemon.
It should not be too hard to find an excellent lemon law firm, known for their excellent customer care and service. Some have a success rate of nearly 100% of Lemon Laws cases they handle. There are lemon layers in every state and a simple search or inquiry with your state bar assosciation should put you in contact with some of the best.
Depending on your area, you can still avail of Lemon Laws protection even if you bought a used vehicle provided it is covered by its original warranty. This also applies for leased vehicles. Other types of vehicles like trucks, vans, sports utility vehicles (SUV's), recreational vehicles (RV's), motorcycles and even boats are usually under Lemon Laws protection, too, provided they are covered by original company warranty. Protection is restricted only to vehicles used for personal or household purposes. In many states, a Lemon Law also protects consumers against illegal odometer tampering, agent or company misrepresentation and breach of warranty.
If you think that you have been handed a lemon, here are some things to keep in mind before approaching a manufacturer for settlement:
Take your car (or other vehicles covered by Lemon Laws) to the dealer each time it needs repair! This is a necessary inconvenience and a lemon law lawyer uses this information to create a record of the minimum amount of repair or days out of service needed under law.
Ask for a repair receipt for each repair trip to a dealer. Keep your receipts and other information on file to provide lawyers with usable information. If your dealer refuses to issues receipts, your lawyer can send them a subpoena.
For your best interest and protection, your lawyer may advise you against discussing your case with anybody outside the law office.
It is wise to consult with an experienced lemon law lawyer before trading in a vehicle or speaking with a manufacturer to settle a claim.
Thom Kretig has worked as a paralegal for six years. You are entitled to your money back so you have nothing to lose except your lemon. If you think you own a defective lemon contact the Law Offices of Delsack & Associates, a California Lemon Law attorney firm - today! You are also encouraged to check out our Lemon Law FAQ for answers to common questions.
Article Source: http://www.articlesbase.com/automotive-articles/how-to-find-a-lemon-law-lawyer-when-threatened-with-car-repossession-652505.html
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Learn How The Lemon Law Protects Your Vehicle
If you decide to use the complete benefits of lemon laws, then you must have reports showing the faults and defects in the first one or two years of ownership. Or, you must make the report, while your vehicle has traveled less than 15,000 - 18,000 miles. Ensure that the vehicle that is in question is only registered for personal usage only. Generally, vehicles that come in this lemon law are new and fresh, whereas quite a few states grant and permit second-hand or leased vehicles unless they get registered there. When considering some states such as California, lemon law supports motorcycle, motor homes, and boats.
Without any due process, it is hard and impossible for anyone to claim lemon law for their car. Did you give any chance to the manufacturer for repairing your vehicle? It actually signifies the time and couple of chances given to the manufacturer. In case you still find the defects remaining as such, did you post a hand written notification to the manufacturer for the final chance to overhaul it? While sending a written notice to the manufacturer, make sure to mail it through a reputed mailing service and also get a confirmation receipt. If you missed getting the receipt, they might keep arguing that they have not received the notice.
If the manufacturer is bothered and remains still without responding within the first ten days of business, then it is suggested to claim a refund. If the automaker refuses to agree to a refund, then you can file a case raising the dispute under lemon law. This case filing could be made by the Division of Consumer Affairs or even in the Court. The case will be arbitration, as the individual reviewing the filed case is not a referee, but they might be closely familiar in dealing with lemon law.
If you are looking ahead to hire an expert lawyer, ensure that they are proficient in lemon law and handling. Consultation will be the best course if you visit the lawyer for the first time. While the judgment turns positive and when the case successfully wins, then the auto manufacturer will be ordered to settle all the legal consultation fees for you. When you bring lemon laws to court, there are chances to win or even to loose.
If everything goes fair, then you have better chances to either get refunded and moreover you will also get the reimbursement for all the charges that you spared during the deal. Finally, you might also be given a chance to acquire a replacement of a new car. All you need is to ensure that you are absolutely sure about the offering granted by them.
It is not certain that every vehicle could be kept and protected safe under lemon law. Most of the vehicles that are covered under Lemon law will include motorcycles having engine replacement less than about 750 cubic cm, motor homes, vehicles and trucks will overall weight of 19.000 lbs.
If you purchased a new or used car and you think it's a dud check out news and articles about lemon law. Don't get stuck with that defective car, put the lemon law into action.
Article Source: http://www.articlesbase.com/cars-articles/learn-how-the-lemon-law-protects-your-vehicle-547385.html
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Are Lemon Law Lawyers Really Worth the Money?
Lemon law had been created to protect the consumer from faulty vehicles. But in order to ensure complete understanding of the law and filing a suit one needs to consult lemon law lawyers. It is not easy to sue the manufacturers with proper help. Consumers who find themselves stuck with lemons can find redress through lemon laws. Each state has its own version of these laws and requires consumers to take certain actions in order to remedy the situation.
Various competent lemon law lawyers, attorneys and law firms ensure consumer rights to be made aware to the consumers. Such lemon law lawyers handle all kinds of consumer cases for all defective vehicles including cars, trucks, mini-vans, SUV's, recreational vehicles and campers, full size vans, boats, motorcycles and even jet skis. Such lemon law lawyers also offer help for consumer protection laws a defective computer or other consumer products. The lemon law lawyers, attorneys or law firms enable consumers get compensation for their defective vehicles and other products.
Good lemon law lawyers first identify whether the automobile is a lemon or not. Several lemon law lawyers and attorneys have readymade questionnaire that a consumer needs to fill out. Based on the replies received the lemon law lawyers identify if the vehicle is a lemon or not. Most of the lemon law lawyers have websites and the questionnaire can either be freely downloaded or filled online.
Lemon law lawyers have substantially greater negotiation power and can achieve better results. Most of the lemon law lawyers have worked successfully in the consumer field for several years developing extensive legal knowledge. A few of lemon law lawyers also know the contacts within the manufacturers which may prove to be helpful while filing a suit.
One does not necessarily need lemon law lawyers all the time. In some states with proper documentation one can easily file a complaint but in some states one necessarily needs to hire lemon law lawyers.
Some states also allow consumer to recover fees for lemon law lawyers where as some states also make you them for manufacturer's lemon law lawyers in case they lose. If lemon law lawyers sue under the Magnuson-Moss Warranty Act, then the fees for lemon law lawyers are awarded if the case if won.
In certain cases manufacturers attempt to convince the consumer that the consumer was waived of the rights when they have signed the contract during the lease or the purchase. The lemon law lawyers and attorneys ensure that consumer understands that no no clause or waiver can waive off consumer rights if the vehicle proves to be defective and the lemon law comes in to full force.
As with most legal matters, it is wise to consult with licensed, competent lemon law lawyers or attorneys in state of residence that knows the details of the law. Many lemon law lawyers and attorneys offer free consultations, and do not charge a fee unless consumer wins the case. Such lemon law lawyers even seek attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.
Earl Powers, US Lawyer and Lemon Law Lawyers expert - focusing on Used Car Lemon Law and Car Lemon Laws
Article Source: http://EzineArticles.com/?expert=Earl_Powers
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Know Your Rights Under the Lemon Law
Are you the lucky owner of a lemon?
If you think your car is a lemon, then you probably feel like you're always in the repair shop for the same repair over and over again. Sure the repair is covered under the vehicle warranty or extended warranty, but it's always in the shop!
If it seems your car is in the repair shop time and time again for the same repair, you may be the lucky owner of a lemon. Fortunately, your state has recourse for you, so get started protecting yourself right away.
Both the lemon law and an extended warranty can benefit you when you have purchased a new or used vehicle that appears to have defects that cannot be remedied by repeated repairs.
If you chose to purchase an extended warranty, know your rights given to you under the warranty, and be thorough in your inquiries. Be aware that if you decided to purchase an extended warranty with your vehicle, you may not be covered by the lemon law in your state.
If you chose not to purchase the warranty, know your rights under the lemon law, and immediately contact a lemon law attorney if you feel your rights have been violated.
And if your car is determined to be a lemon, can you legally sell your lemon? Though it may not always be easy to sell your car following a lemon law battle, do not despair. As long as you disclose all pertinent facts, legally you can sell that lemon!
Honesty regarding the lemon law is always the best policy, and disclosure makes it legal. Just follow a few simple guidelines and you’ll be alright.
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 what you need to know about the lemon law see http://lemon-car.brilliantbusinessmodel.com/what-you-need-to-know-about-the-lemon-law.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.
Article Source: http://EzineArticles.com/?expert=Karen_Kirby
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The Lemon Law in New Jersey
The New Jersey lemon law protects the consumer because it is designed to assist customers who have purchased a vehicle and experience repeated problems during the first two years or 18,000 miles whichever comes first. Its intent is simply to let the manufacturer correct these defects or find a way to appease the customer.
Vehicles that are covered under the New Jersey lemon law have to be purchased, leased or registered with the state.
Your car is only considered to be a lemon if it is one or more defects and this continue to exist after three attempts to fix it or if it has been out of service for a total of 20 cumulative calendar days. The problem should substantially impair the use, value or safety of the vehicle. What are not covered under this law are defects caused by abuse, accidents, neglect, modification or vandalism.
For you to take advantage of this law, you must write a letter to the manufacturer giving them notification of one last chance to repair the defect.
If nothing happens, then you have three choices. First, ask for a hearing through the Division of Consumer Affair’s Automotive Dispute Resolution Program. You can also send your complaint to the manufacturer many of whom have an informal dispute settlement program. The last is to file a civil action in court.
For a hearing to occur, you have to fill up the application form, present certain documents and pay the application fee of $50. If you win here, the fee will be returned to you as part of the amount to be awarded. The hearing is usually be set in the next 20 days. Once the case is heard, a decision will be issued within another 20 day period.
Not that many people resolve the matter with the manufacturer because any findings here can be used against you during a hearing or in court which is why many go straight to court. For this to work, you have to hire a lawyer.
If you win, the manufacturer must repay you for the costs including attorney fees and expert witness fees. But things don’t end there because the manufacturer may file an appeal in the Appellate Division of the Superior Court to challenge the decision of the lower court. You can also do the same if the decision did not go in your favor.
Should they decide to do this, the manufacturer must first pay a bond equal to the amount awarded to you by the final decision plus an extra $2,500 to cover your attorney’s fees. This bond is payable to you and the amount will only be turned over if you win the appeal.
A favorable outcome from the lemon law in New Jersey may mean a refund or a replacement.
A refund includes the full purchase of the vehicle minus any reasonable allowance for vehicles use. This is equivalent to the purchase price multiplied by the mileage at the time the vehicle was first brought to the dealer or manufacturer for repair divided by 100,000 miles.
A replacement is usually of similar model and make which you may reject if you want to receive instead a full refund.
Nobody expects to buy a brand new car and encounter any problems. But since this happens, it is your right to get your money back or get a replacement which is stipulated under the New Jersey lemon law.
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The Lemon Law in Washington
Under the Washington State Motor Vehicle Lemon Law, a vehicle is considered a lemon when attempts to repair a vehicle have not been successful. It could have one or more substantial defects and attempts of two or more were initiated but the problem still continues to exist.
In the state of Washington, your vehicle may be covered if it is a passenger car, small or medium sized truck, large motorcycle or motor home. It has to be originally purchased or leased in Washington State and also registered there.
If you do own a lemon, you can request an arbitration hearing thought the Attorney General’s office which has to be submitted within 30 months of the vehicle’s original delivery date. Unlike other states which require you to pay a small filing fee, here you don’t have to pay anything. The only thing you have to do is prove your case.
Vehicles which are not covered under the Washington lemon law include motorcycles with engine displacements of less than 750 cubic centimeters, trucks that have a gross weight rating of 19,000 lbs, portions of a motor home and vehicles that are part of a business consisting of more than 10 units.
The documents you need when you request for arbitration include the purchase or lease agreement, the title or lease registration and the vehicle repair orders. The repair order which is the most important document to have must identify the problem of the vehicle, the diagnosis, work done, the mileage and the dates that the vehicle was in the shop.
To strengthen your case, you are entitled to get a copy of any report with regards to the inspection and diagnosis of your vehicle. This includes the technical service bulletin that is sent regularly by the manufacturer. The TSB describes common problems in certain vehicles and how to repair it.
If there are some documents missing, you should write a written request to the manufacturer to obtain copies of these documents.
But before you go off writing a letter, you should give the manufacturer ample time to try and repair the vehicle. If after two attempts nothing chances, you should request the repurchase or replacement of the vehicle.
This letter must be sent by certified mail with a return receipt requested. This will verify that the manufacturer received your letter.
You should give the manufacturer at least 40 days to respond to your request. If nothing happens, then it is time to write the request for arbitration from the Attorney General’s office.
The hearing will be over in matter of days. Under the law, if you arbitrator rules that your vehicle is a lemon, you will be given the choice whether to repurchase or get a replacement vehicle.
A repurchase is another word for refund and this is based on the cash price of the vehicle. This includes collateral charges, incidental costs and legal fees. If you are getting a refund for a used vehicle, naturally this will be based on the purchase price. A replacement vehicle is similar to what you previously purchased.
The lemon law in the state of Washington requires you to return the lemon vehicle back to the manufacturer free of any damage. This shouldn’t be a problem because you are getting your money back or getting a new unit to take its place.
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The Massachusetts Lemon Law
The Massachusetts lemon law is designed to protect customers who have serious defects in their new cars. The state defines a lemon as a vehicle that impairs the use, market value or safety of the vehicle and which has not yet been fixed after a reasonable number of attempts.
This law applies to new cars, motorcycles, cans and trucks bought in Massachusetts from a car dealer for personal or family use. This is valid for one year or 15,000 miles from the original date of delivery whichever comes first. The law does not cover auto homes as well as vehicles used for off-road or business.
Under the law, repair attempts must be done during this period but the manufacturer’s final attempt can be done after the term of protection.
For you to take advantage of this law, you have to show specifically how the defect impairs its use, depreciates its market value or endangers those who use it. You must also have a record of at least 3 or more attempts to try and fix the vehicle as well as show that nothing has changed.
This means keeping a record of all repair work done and making sure that the problem you have complained about is mentioned in the report.
Before you can ask for a refund or a replacement, you have to give the manufacturer one last chance to try and fix the defect. Once the letter is received, they have to do their part within seven business days. This should be sent by certified mail with a return receipt requested.
If at the end of 7 business days nothing happens, you have the right under the lemon law to get a refund or a replacement. If the manufacturer refuses, it is time to request for an arbitration hearing.
Arbitration is inexpensive and an informal way to resolve a complaint. Here, both sides are given the chance to show evidence about the condition of the vehicle. You can either do this with state run arbitration or manufactured sponsored arbitration.
The difference between the two is that state sponsored arbitration bases its decision on the lemon law standards while the manufacturer does not. You can expect a decision in 45 days for a state sponsored one and another 21 days if the manufacturer decides to appeal while the manufacturer is much shorter. If the decision does not go in your favor, you will not get anything.
You have the right to refuse the manufacturer-sponsored arbitration and then take this matter to court. You should just meet the lemon law requirements so that the judge will easily grant a decision in your favor. Failure to do so could mean fines and penalties which you have to pay for so it is best to consult a lawyer so he or she can begin by writing a demand letter to the manufacturer.
When you have the lemon law on your side, you are hoping to get a refund or a replacement vehicle. For those who want a refund, this means the full purchase price including all credits and allowances for any trade in vehicle but part of it will be deducted based on the vehicle’s price and mileage.
If you get a replacement, this is usually of similar model and make. You will also be reimbursed of transfer of registration fees, sales tax, unreimbursed towing and rental charges.
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How to work with Lemon Law Attorneys, Los Angeles
This is extremely bad considering that the outcome of a lemon law claim would mean either a brand new car and reimbursement of all repair cost or nothing at all. Most people would therefore lapse into a robot, agreeing to whatever the lawyers are saying and nodding to all demands that they have.
Right now, with internet and online communities vibrant and active, you do not have to become robotic clients who say yes to everything that your lawyer dispenses you. In choosing to be assertive and smart without appearing show off, you can prevent the situation where you do not know what your lawyer is actually doing on your case. Here are a few tips in maintaining a good working relationship with your hired legal representatives.
Listen. You hired law practitioners to bail you out of trouble or to claim what you think you justly deserve. Whether you like or not, you need to trust his or her ability to give you justice that you want. Because lemon law is basically about consumer rights protection, you need to listen to all the rights that you, as a citizen and as a buyer, are entitled to. Listen to what he has to say about the legal standing and condition of the case, whether you have fighting chance to go on the charge in the court.
As you literally do not have any knowledge on court proceedings, always be careful in following to the letter any tips in how to appear before courts. Lawyers know too well the circuitous intricacy of the law and legal rites that have to be observed. If your lawyer has an instruction to file and sign for an affidavit, to retrieve documents of car repairs and receipts, and to never talk to any car dealer attorneys, then you need to lend him or her an ear. Listening might prove to be a wise decision
Talk. You do not have to follow or do everything that you hear from your lawyers of course. Make an independent research, equip yourself with a crash course on lemon law and consumer warranty rights. Search around your circle of friends who have had similar situations before or talk to somebody who has gone through the same ordeal. By arming yourself with information on the law, its ways, and its interpretation, you will be able to form independent and intelligent decision with regards to your indemnification claim.
Afterwards, pepper your attorney with questions, possibilities, and the exact plan you have in mind.
Compromise. It’s no good that you just stick to your plans when your lawyer has a better idea. In the same way, it is bad to be always gullible and in the receiving side of the discussion table. Learn to compromise, be quick to find a common ground, and together work as a team.
If you listen, talk and compromise with lemon law attorneys (Los Angeles) , you will find out how easy and manageable it is to seek justice.
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What is the Lemon Law
If after the repair the same problem still happens, this is considered to be a breach of contract with respect to the warranty and the manufacturer is required to give you a partial or full refund. You may even be given a new car.
A breach of warranty often means 4 repair attempts on the same problem or anything directly related to it within a period of six months of one year. It could also mean that the car is no longer working within a year it was purchased or within the duration of the express warranty, whichever comes first.
An express warranty may be the balance of the manufacturer’s warranty, a separated limited warranty given by the dealer or an extended warranty or service contract which is added at the time you purchased the vehicle.
The lemon law varies by state and some do not include leased or used vehicles. Some provide consumer protection statutes that prohibit deceptive acts in selling used cars. This means if you are planning to buy a second hand car, the dealer must answer each question truthfully so you will know if it was a rental, salvaged or involved in a serious accident in the past.
There are steps you have to take to see if the lemon law is applicable. First, if there is a problem with the car, you have to report this to the manufacturer. When the car is released to you and the same thing still happens, you should keep track of it by keeping the repair or service receipts so you can argue your case.
In some states, there is an arbitration procedure which determines if you will get a refund or a replacement. This program is very objective and free. If you are not satisfied with the decision, you can skip that and take this matter to the courts.
If things go in your favor, you can get refund and reimbursement for other charges which you have incurred. Given the choice, you can get a replacement car instead. Just make sure you are happy with what they are going to replace it with.
But not all vehicles are protected by the lemon law. These include motorcycles with engine displacements of less than 750 cubic centimeters, trucks that have a gross weight rating of over 19,000 lbs, motor homes and vehicles that are used by a business with a fleet of more than 10 vehicles.
Given that the lemon law in each state is different, it is best to talk with your local representative to be familiar with it. If you happen to encounter this problem and the manufacturer says that you waived your rights when you signed the purchase contract, don’t believe it because it is invalid and the lemon laws still applies.
So, talk to your attorney or hire one that is well aware of the lemon law. Some offer free consultations and if you happen to win the case, you don’t have to shell out anything because the manufacturer will be the one to shoulder the attorney’s fees.
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The Lemon Law
For you to avail of the lemon law, the defect must be reported to the dealer or manufacturer within the first 2 years or has traveled 12,000 to 18,000 miles whichever comes first. The vehicle in question must only be for personal use.
Vehicles covered by the law are usually brand new while some states allow leased and used vehicles as long as they are registered there. In the state of California, this also includes boats, motorcycles and motor homes.
But nobody can write to a manufacturer and claim their car is a lemon without due process. Did you give the manufacturer time to repair the vehicle? This usually means giving the manufacturer at least 2 chances to fix the vehicle.
If the defects are still there, did you give the manufacturer a written notice of its last chance to repair it? When you send this, make sure to send this by certified mail and request for a return receipt. Otherwise, they may argue that they never received it.
Should the manufacturer fail to respond after having received the written notice within 10 days, then it is time to demand a refund.
If the manufacturer does not agree, under the lemon law, it is time to file for a dispute resolution through the Division of Consumer Affairs, the manufacturer’s system or in court. The first two is often referred to as arbitration since the person who will be reviewing the case is not a judge but someone very familiar with the lemon law. In the third, together with counsel, you will have to show cause as to why a civil action was filed.
In any of the three scenarios, you need to gather all the necessary documents, prepare questions and arrange for the testimony of witnesses.
When you look for a lawyer, make sure that is his or her specialty. First time consultation is usually free. When you decide to pursue this and maybe even win, the manufacturer will be directed to pay for the legal fees so those who can’t afford to hire one will be able to get proper presentation. One thing you should know about bringing this matter to court is that you can win or lose but it doesn’t end there because you can always appeal the court’s decision.
If you win unopposed, the manufacturer or dealer can give you a refund or give you replacement unit. The good news is that this is not their choice but yours. If you want to the money, you can probably buy another car but this time a different brand. If you prefer the replacement unit, you will be given a car of the same model and make.
The lemon law is valid even if you are told to sign a waiver when you purchase a vehicle. You should just be familiar with how this is done in your state by calling up the state’s Division of Consumer Affairs so you know your rights as a car buyer.
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The Lemon Law in New York
In New York, this covers new and used cars including “demos” under 4 conditions.
1. First, the car was covered by the manufacturer’s new warranty at the time it was delivered to the owner.
2. The car was purchased, leased or transferred within the first 18,000 miles or two year from the original date of delivery.
3. The car should be purchased, leased or transferred in New York and presently registered there.
4. The vehicle is primarily used for personal purposes. The definition of personal includes using the car to do household errands, drive to and from work. You can however use this for business and still be covered under the lemon law as long as personal use is predominant.
Just like the state of California, New York allows motor homes to be covered under this law except to other items like the appliances, fixtures, systems and other parts that are residential in nature. Motor vehicles and off road vehicles are not also covered. Leased cars are covered only if the lessee is responsible for the repairs.
If you suspect that your car is a lemon, you must immediately report this matter to the manufacturer or authorized dealer. Under the law, the notice given to the dealer is considered also a notice to the manufacturer.
During this time, the dealer has to conduct the necessary repairs. If they refuse to do so, another letter must be written and this time addressed to the manufacturer which must be completed within the next 20 days. If the problem is not repaired after reasonable attempts, the manufacturer or dealer has no choice but to refund the full purchase or offer a comparable replacement unit. The decision is up to the customer.
If you are getting a refund, this includes the price of the car, title and registration fees as well as any other governmental charges. There may be some deductions if the car has traveled more than 12,000 miles but less than that, there are none. Should the lemon car be leased, the refund is divided between you and the leasing company.
Those of you who choose to get a comparable replacement car should know that what you get in exchange for the lemon car is usually the same model and year as well as approximately the same mileage as the one being replaced.
But before a refund or a replacement car is given, you have the choice of participating in an arbitration program or suing the manufacturer and taking this matter to court. If the manufacturer has an arbitration procedure, you have to participate in this first. This consists of a hearing and a decision will be made after 10 days.
If you go to court, this will take some time but should you end up in winning, you can recover the amount you spend on attorney fees.
The lemon law of New York does not have a specific number of repair attempts but four instances within the span of two years is the ideal number. If this happens, you should just document it by keeping a copy of the work orders, repair bills and correspondence.
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The Lemon Law in Illinois
Leased vehicles are also covered under the lemon law as long as this was leased for 4 months and that 40% of the time this is used for personal, family or household use. It does not cover used cars, altered or modified vehicles, motorcycles and boats.
The statutory warranty period where the lemon law applies is to vehicles for one year or 12,000 miles whichever comes first. If the warranty expires, then the law no longer applies. However, if the warranty expires, the dealer is still required to fix it because this was first reported during the warranty period.
If the manufacturer is not able to fix the problem after repeated attempts, the law states that the customer has the right to go to the manufacturer’s arbitration program or to court in order to get a full refund or a replacement vehicle.
For this to work, the customer must give the manufacturer at least 4 chances to fix the defect, more than once if this involves the steering or braking system that is likely to cause serious injury or death or the vehicle has been out of service for more than 30 business days.
You should keep accurate records so this can be presented if it comes to a point where you have to fight the manufacturer for it.
A final letter is written to the manufacturer for them to repair the defect. If they fail to correct it, you can claim a refund or a replacement through a third party dispute resolution program. Your car manual should give you an idea how this works.
Sadly, nothing will happen if you are dealing with the dealer because they will do their best to stonewall your claim or at worse, the decision will favor the manufacturer.
They may even say that the problem you are experiencing is minor and that you do not qualify under the lemon law for any sort of relief. You shouldn’t feel discouraged when this happens because this is another tactic they do.
The only person that can make that determination is a lawyer so head on over the to the Illinois Attorney General’s office so they can recommend someone who can help you with this problem if you don’t know anyone. If you are not sure about this person, ask first for a free consultation.
Here, you can ask how long has he or she been practicing lemon law cases, how much is their fee, will they be able to refer a few previous clients and can they estimate how long the case will take.
You should know that when you file a civil action in court, the decision made during the third party dispute resolution program is admissible.
If after everything you are able to win your claim, you will likely receive a vehicle of similar like and value or the manufacturer will buy back the vehicle from you less than value of the mileage driven.
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The Arbitration Process in the Lemon Law
If you are the customer who wants arbitration, you need to complete the form, have copies of all the designated documents including the written request to the manufacture to get a refund or replacement, file for a request for arbitration within 1 to 2 years of the vehicle’s original delivery date and pay the filing fee. Should your request for arbitration be denied, a letter will be sent to you explaining why. If it is approved, the only thing to do now is show up on the date of the hearing.
Arbitration does not need counsel but if you are not comfortable, then you can hire someone. When the hearing begins, the arbitrator will ask which category of your claim is the lemon law based.
Is it a serious safety defect that has undergone at least 2 repair attempts, is it to repair a nonconformity that has had 4 attempts or is your claim based on the fact that your vehicle has been out of service for more than 30 days?
Your claim can be based on one or more defects that have to be backed up by the documents like repair work and maintenance reports. These papers will show the exact nature of the problem, the mileage of the vehicle, the dates which the vehicle was in and out of the shop. You may also provide expert witnesses to testify in your behalf as this will bolster your claim.
Within a matter of days, the panel should already be able to come up with a judgment. If they rule in your favor, then chances are you will be given the choice whether to get a replacement vehicle or get a refund. The manufacturer can appeal this decision and you can also do the same if you are not happy.
If the appeal is denied, this is the only time that you can bring this matter to the court. You will have to get a lawyer for this so he or she can brief you on how this is done. The end result is the same because if you win, you can get your money back or another car.
Sometimes, the hearing will even happen if the manufacturer decides to contact you and makes you an offer. In fact, customers and manufacturers are encouraged rather than going through a hearing. Before you make a decision, you should see what they have to offer in writing before agreeing to anything.
Customers who decide to withdraw their claim can only do this once because you are not allowed to re-file later on the same grounds.
There are two kinds of arbitration when it comes to the lemon law. The first is the state sponsored while the second is a program set up by the manufacturer. You don’t have to go through the one organized by the manufacturer if it is not certified by the state so if the state sponsored one does not produce anything good, then it is time to settle this in court.
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Things to Remember for Used Car Lemon Law
But what if the vehicle you have bought came from a shady deal? How can you protect yourself from irreparable defects of a car that you have unknowingly purchased? This is where used car lemon law comes in.
Lemon law for used cars is a protective shield that people can use in order to avoid unfair purchases and report crooks in car dealership industry. Remember that a defective car is not only a danger to itself, it is a ticking time bomb for people using it. We there cannot understate the importance of knowing how we can protect ourselves from lopsided car deals and how the law can facilitate this for us. Below are the things that we need to remember about lemon law for used cars.
One, just because it is a second hand car does not mean you have waived all the rights to demand quality vehicles. A low cost deal does not mean we should jump into a bogus deal. It is the right of everyone to buy a product that can deliver its utility the easiest, safest, and most useful way – and this applies primarily on automobiles.
The reason why we might be buying used cars is that we want to save on money, or that we want to have a car on a limited budget. This should not stop us from demanding honesty on the transaction of the deal, and the quality of the car that we are buying.
So what right do we have under the lemon law? We should bear in mind that states have different versions, but all of them have a universal tenet that all used cars within the warranty period can still be eligible for the law’s protection. If you will ever encounter problems or defects in the car that you purchase, defects that trouble you a lot and have cost you money for repairs, defects that you are not aware of at the time the transaction was materialized, then you can process a claim for reimbursement and refunds.
Two, the vehicle must not be serviced for commercial use. If it does, the lemon law cannot be applied. A lot of us may wonder why, but people in the know say that commercial vehicles can earn money for repairs. Moreover, the vehicle in this case will be worn out by frequent business trips.
While for those used for personal or family use, the owners usually are not earning money when using the car. In fact because of the rising fuel prices, owners might be forced to economize its use to save on oil. Therefore, the brunt for repairs is more burdensome, troublesome, and risky for this situation.
The used car lemon law provides ordinary people a chance to assert their right against unscrupulous car dealers. When used with prudence, discernment and a sense of justice, we can put integrity back to business.
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Lemon law attorneys, California: Qualities to look for
While looks may blow you away and may forget that there are things that would last longer than the first impression, you should be wary in hiring any of them if you want your case to prosper in court. So if you’re looking for lemon law attorneys, California has many law firms to choose from. But before you pick that phone and dial their number you found on dog-eared yellow pages, make sure you find in them the qualities of a true law practitioner.
Before you look for a law firm, you need to look at your financial capacity to hire so. Filing a claim will entail legal work and papers, and thus you have to shell out money most of the time. Not those good lawyers always come with exorbitant price (there are many lawyers who do service pro bono); rather, you should prepare yourself for any expenses. After that, you can look for the two characteristics that mark a good lemon law attorney.
Reputation. Reputation is basically the public record and image that people attach to a law firm. A good company elicits a nod from ordinary people and enjoys popularity through the word of the mouth. An ordinary one is unknown to the many, while a bad one attracts negative feedback.
Reputation is fragile, so a good law firm spends its time and work to buttress it. The staff and lawyers under it practice law with utmost professionalism and a strong sense of dedication in winning the client’s case. As clients, you can check a law firm’s reputation through experience in lemon law it has earned through the years, the number of cases it has successfully defended or won, success rate of these cases, number and status of their clients.
Credibility. Credibility is the extent of a law firm’s ability to do law practice with expertise and knowledge. You may be able to evaluate credibility through the number of qualified, licensed lawyers that the law firm has. You do not want to hire someone who is yet to prove his worth, and whose knowledge of law is wobbly. You want to bank on the experience, the school that the lawyers have gone through, and the license that they get by passing competitive national law examination.
At the same time, you may actually hire a lawyer who dishes out sound legal advisory and good knowledge of lemon law. You can test your lawyer through a quick phone call and a simple inquiry on what vehicles are eligible for California lemon law. Of course, you can recheck his or her answers by visiting online law sites or reading the law yourself. A simple test like this will definitely lead you to find the perfect legal counsel for your case.
If you search hard enough and check law firms and their status, you will eventually find good Lemon law attorneys (California) who will assist you attain justice for lemon indemnification claims.
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Georgia Lemon Law for Dummies
Subject. A lemon is a car or vehicle that, simply put, conks out due to manufacturing defects without the owner’s knowledge at the time of purchase. The defects must be serious enough that the car is rendered beyond professional repair. Needless to say, a car that has seen better days (or was acquired not as brand new) is not included. Moreover, the people who are eligible in summoning this law must be those who are buying vehicles for private use. Companies with more than ten workers and earn an annual income of 10,000 dollars are likewise excluded.
Why do people use lemon law? To protect them from purchasing vehicles that did not meet automotive standards. A car costs a lot and if it does not run the way it should or fails to meet its specifications stated by the dealer or the manufacturer, then it is an expensive and unfair acquisition.
Process. The law does not mean to scare car dealers or put undue advantage on buyers. For example, clients who did not know the defects at the time of the purchase are the only people who can avail the protection of the law. Agreements like second-hand cars and/or with “as is” condition (which means that the buyer agreed to buy the vehicle knowing fully well its problems) would render the law inapplicable.
The car must undergo repairs within the first year from its purchase date or has run not over 12,000 miles. The manufacturer should also be allowed to do the repairs, and the car must be proven out of service within the period. Make sure to check and save all documents that relate to the repairs for any lawsuit or claims that you want to have in the future.
Compensation. If all circumstances are proven true and if you are eligible, you can require the dealer or manufacturer to reimburse the money of the repairs and refund the amount you paid for the vehicle. Most often, documents, entitlements, and repair receipts will be presented so it is a wise move not to discard any important files.
In order for the law to work in your favor, you must arm yourself with a good lawyer, a reasonable claim, sufficient evidences, and a sincere demand for indemnification. You must also be patient enough to wait as the wheels of justice will be set in motion. Ordinary claims can be processed without as fast as a month to six months, depending on the outcome of the case. There are situations where the claimer is not satisfied with the decision and would proceed to filing the before the Supreme Court for a final ruling.
There are other important requirements before Georgia Lemon Law can be called in full force. With the brevity of this article, it is impossible to include them all here. But with these three things in mind, you can start on a sure footing if you ever decide to process a claim.
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Finding the Right Lawyer to Represent You in a Lemon Law Suit
A lot of people seek the help of the courts because they are not happy with the decision given by the arbiter. If you are not a lawyer, it is best to get one because he or she is the only one that can help you.
So how do you find a lawyer? You can get help from the office of the attorney general in your state that will be able to refer someone. You can also go online and then select the state to find a lemon lawyer that is near where you live. It wouldn’t hurt to ask friends or family who may have hired someone in the past that experienced this problem.
When you are looking for an attorney, ask them some important questions and see how they are able to respond to it.
If the lawyer has years of experience under their belt, you should ask if they will be able to handle your case. This will also make it easy for you to ask the names of at least 2 previous clients.
While you are explaining your problem, pay attention to their behavior and ask yourself if you will be comfortable working with this person.
You should also know how much they will charge for their services. Consultation is usually free since you are simply interviewing them. But once you hire them, you will have to pay the legal fees which may be reimbursable if the judge rules in your favor and instructs the manufacturer to also pay for that.
One thing people forget to consider when looking for a lawyer is how fast will they be able to get in touch should you want to speak to them. Naturally, counsel is supposed to update you from time to time like when is the court date.
One thing you should have with you before walking into a lawyer’s office are the documents that will be used in the case. These include the repair orders and the maintenance reports because this is needed when counsel is presenting the argument to the judge. If something is missing, request it from the manufacturer or dealer since they are the ones who tried to repair your vehicle.
If everything is in order, the lawyer will then process the paper work. This is basically drafting a civil suit against the manufacturer. Once a trial date is set, you and the opposing partner should be present. Once the judge has listened to all parties, a decision will be made. If the judge makes a ruling in your favor, you can get a refund or a replacement vehicle. If things go the other way, don’t feel bad because you can still appeal the court’s decision.
There are times that the lawyer you like may not be able to take your case because of their workload. When this happens, ask if they can refer you to someone else.
The lemon law cannot be interpreted by someone who does not have a legal background which is why you need a lawyer to help you out.
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A Simple Test to Qualify for the California Lemon Law
If you are just one of the many people who would like to know the gist of this state legislation without going through all the many (and often irrelevant) contents, take the test below and see if you and your vehicle are qualified.
Have you purchased a vehicle under a warranty whose manufacturing defect you did not know of at that time of the purchase?
If you answer this question with yes, this does not mean that you automatically are eligible for indemnification or reimbursement. This is a preliminary question to make sure that the way that you bought the car is within the bounds of the law. It is difficult for those cars that are unlawfully acquired, like smuggled goods, a purchase with the absence of a warranty and car insurance, or which have multiple owners, to summon the tenets of the Lemon law.
The warranty is important because vehicle acquisition in California must bear registration in local government unit; insurance papers that would cover the vehicle’s damages to itself, to property and to people during accidents; and warranty from the car dealer for a specific period of time.
Is your car leased or secondhand with a warranty?
This is set as a separate question because people make a mistake in not processing for a claim when their car was second hand or acquired through lease. Remember this; buying a used car does not free the car dealer from giving people quality vehicles.
Have you repeatedly demanded repairs to the car dealer, with the latter refusing to cave in?
You cannot just demand to process a claim when you did not give a chance for the car dealer to do its own part of the deal. If a warranty is in force or when the car still enjoys the benefits of the warranty, you can require the car dealers to make good their promises on this document. If they have refused to do so and in the process, your family life and the possibility of enjoying the comfort and convenience of using a personal car is compromised, it is the right time to take action.
Have you taken the car to a professional repair without the help of the car dealer despite of the latter’s knowledge?
Now, not only are your family and personal life risked but also your pocket, the Lemon Law can provide you a way in redeeming all the costs of repairs you have done on the car without the car dealer’s help. This is also another sign of outright negligence and disregard on the part of the company’s responsibility to customers, which can be a potent proof for strengthening your claim for reimbursement.
If you answered yes to most of the questions, it is time that you take California Lemon Law to your side and see it in action. You might not know it, but you are not only protecting yourself in the process, but the whole community too as you uncovers crooks in car dealership industry.
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