The Lemon Law Was Created To Protect You!
The California Lemon Law calls for explicit factors and having the proper documents is one of them. If you desire to succeed with this lemon law you have to possess the following documents: purchase or lease contract and all other original paperwork, repair receipts, DMV registration and the anticipated amount that it would entail to pay off the lease or loan. This lemon law does in fact involve verification of what you're stating in hard copies.
The complete course from point A to point B takes time. In order for you to become qualified and get a suitable decision can take a lot of back and forth red tape and discussion. The amount of time that it frequently takes from the point that you meet the requirements through a lemon law attorney specialist, until the time money is placed in your hands can be from 7 days to 60 days depending on many aspects. It is very important that you get your vehicle paperwork done as soon as you believe it's a lemon. There is risk that the vehicle could get damaged or in an accident so it's wise to begin your process asap. The longer you wait to submit your vehicle to be qualified under this law, the more miles you put on it which isn't the best thing to happen.
This law ensures that your vehicle, even though it can be new, used or leased, still qualifies for all its rules. The California Lemon Law has conditions that you have to stick to in order to substantiate your vehicle as a lemon. This lemon law affirms that you must have tried to get your vehicle fixed a sensible amount of times without it being repaired for it to qualify as a lemon.
With this law, it's so incredibly key that you have an attorney that is a specialist and understands this law completely. When attempting to get justice under this law, a free case evaluation is given by an attorney who dedicates himself to this law to check and see if you and your vehicle qualify. A California Lemon Law attorney is greatly desired when you want to get everything you have coming to you.
Taking an initial step concerning this law probably should be acquiring an attorney that will give you a free case appraisal so you know exactly where you stand. When you make a decision to attempt to qualify with the California Lemon Law, make certain you have all you need to be able to utilize this law to the fullest. Getting a very good lemon law legal representative could be priceless in making sure you are doing precisely what is needed under this law.
Article Source: AllBestArticles.com
About the Author
Is your new car consistently in the repair shop? You may be driving a lemon. A Lemon Law Attorney is available to help you. Get rid of your lemon! For a free case evaluation click here to find out if you qualify under the California Lemon Law.
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If You’re Driving a Lemon, Get Your Own “Pit Crew”
If Simons runs into mechanical trouble out on the track, he can pull in for a pitstop where a trained group of experts will be all over the car and have it back on the track in under a minute. A typical consumer, however, driving to work, to school and home, doesn’t have such luxury, and if that consumer was unfortunate enough to have purchased a lemon, he or she could be stuck with the problem indefinitely.
Norman Taylor and Associates is a proud sponsor of the Radical Racing Team, of which Don Simons is a part. The firm also stands behind consumers, however, when they find themselves as the owners of defective vehicles. “Manufacturers and dealers will do their utmost to delay or even prevent a consumer from getting a defective vehicle replaced or refunded,” Taylor said. “Instead of going through endless heartache and expense, it’s best to hire a qualified lemon law attorney right away.”
Taylor has assisted more than his share of consumers in gaining what is rightfully theirs under the law. A lemon law specialist since 1987, he and his firms, Norman Taylor and Associates et al., have handled over 6,000 cases for consumers with a 98 percent success rate.
If you think you might be driving a lemon, don’t spend endless months or even years trying to resolve it with a dealer or manufacturer. Get guidance and assistance from a qualified lemon law attorney. Like Don Simons’ pit crew, they can have you safely back on the road once again.
About Norman Taylor & Associates
Norman F. Taylor and Associates have been assisting consumers since 1987. At Norman Taylor & Associates, the goal is to provide clients with the highest quality of legal representation if they’re one of the unfortunate residents of California who’ve had the misfortune of purchasing defective vehicles or goods and who have recourse under the Lemon Law. They represent consumers in Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties. With a twenty two year history of successful cases, Norman Taylor & Associates has established their reputation as a firm of consumer advocates that get the job done.
About the author:
Norman Taylor studied engineering at Arizona State University as an undergraduate. He attended Glendale School of Law, graduated and passed the Bar in 1986. Aside from advocating consumer rights he volunteers for international human rights efforts and sponsors drug education speakers in the public school system. For more information about the California Lemon Law, visit www.normantaylor.com.
Article Source: http://www.Free-Articles-Zone.com
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Auto Lemon ?Can Your State's Lemon Law Help You?
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, and The nonconformity has not been successfully repaired after a “reasonable” number of attempts, and/or The 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 elating 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:
Charles Essmeier may be contacted at http://www.end-your-debt.com
. Click here to view more of their articles.
Charles Essmeier is the owner of Retro Marketing. Retro
Marketing, established in 1978, is a firm devoted to
informational Websites on topics such as Debt Consolidation, Home
Equity Loans, and automobile Lemon Laws .
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Easier Lemon Law Summary
If you just bought a “new” car, and it is in the repair shop more than it is on the road, you could find the Lemon Car Law is a peach of a return for you! The Lemon Car Law is designed to protect consumers against used car turnover and fraudulent sales people. The Lemon Law differs through the states, but in general it applies to a vehicle that continues to have a defect that substantially impairs its use, value, or safety. Generally, if the car has been repaired 4 or more times for the same defect within the warranty period and the defect has not, or cannot be fixed, the car qualifies as a “lemon.” All of the state laws will vary slightly so if you are having a major problem that keeps recurring, consult the Lemon Law Summary and the statutes for your particular state.
http://lemonca.blogspot.com/2009/07/how-to-fight-lemon-c ...
Are Lemon Law Lawyers Really Worth The Money?
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.
Article Source: http://articlekarma.com
Earl Powers, US Lawyer and Lemon Law Lawyers expert - focusing on Used Car Lemon Law and Car Lemon Laws
Are You the Lucky Owner of a Lemon?
You look and look for the best car you can find, and when the moment seems right, you buy it. You drive it home and you invite your friends over to see it. You feel proud of it, and you begin to love it. You never expect anything to go wrong with it.
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.
When it's time to purchase a car, you can often save hundreds of dollars or more by purchasing a used car. However, you'll want to be careful when buying used vehicles, to avoid buying a "lemon."
A little caution and taking some steps to reduce your chances of buying a car that you'll require help from the lemon law is worth the extra time and effort. The lemon law provides consumers with a way to receive a refund or replacement vehicle if the car purchased turns out to be a "lemon." While lemon law statutes vary from state to state, a breach of warranty on your car may constitute a violation of your state's lemon law.
You do have recourse with the lemon law. You don’t have to keep your lemon. However, don't underestimate the importance of keeping a lemon paper trail!
Even if you think you've gotten a good deal, it is a good idea to start a paper trail, in case of problems down the road.
You will need documentation to back up your claim. Detailed records help you fight your lemon claim. If you think you have a lemon, you must keep extremely detailed maintenance records so that you have a fighting chance of getting your money back or obtaining a replacement vehicle.
If you think you have been scammed and bought a lemon, you will need to consult an attorney who will be able to advise you on your rights according to your state's laws. Your state may have provisions in place to help you or you make need to initiate legal action. Either way, an attorney can save you time and frustration.
Article Source: http://www.articleshine.com
Karen Kirby has 25 years in the computer industry and MS Computer Science. See lemon law lemon-law.eworldrewards.com/what-is-the-lemon-law.htm Internet Guide to Traffic www.aimbright.com/ebook/
Are You Driving a Lemon? Get Lemon Law Help Immediately
It well behooves a consumer to turn to such professionals just as soon as they realize they are driving a defective vehicle. Part of the problem lies in education: how do you know if you’re driving a lemon?
“The lemon laws refer to such vehicles as those that qualify for a refund or return,” said leading California lemon law attorney Norman Taylor. “Most define them as vehicles that the manufacturer has not successfully repaired after a certain number of attempts, or after the vehicle has been out of service for a particular number of days.” Consumers should consult such an attorney if they have questions on the specifics of their particular state laws.
A vehicle defect is defined as something that the vehicle does that it should not do (for example, pulls to the left), or something it does not do that it should (for example, won’t start) that falls below the standard set forth in the vehicle’s warranty. Most lemon laws also specify within the definition that a “lemon” has a defective condition that substantially impairs its use. “Certainly defects that prevent the vehicle from starting, stopping, turning or otherwise operating properly would qualify as ‘substantial impairment,’” said Taylor.”Defects in important components like the air conditioning system or even significant paint defects that require repainting the entire vehicle might also be substantial impairments.”
Whether a defect is a substantial impairment or not is ultimately a decision for a judge or a jury. However, how the consumer feels about his or her experiences with the vehicle may also assist a jury in determining whether the vehicle is a lemon. “In many states, whether impairment is substantial is determined from the point of view of the consumer, not the manufacturer,” Taylor said. “This suggests a subjective standard, from the point of view of the particular consumer in each case. If you have a new vehicle that doesn’t work as promised, it can certainly leave a bitter taste in your mouth.”
If you re driving a vehicle that you feel is defective, the time to act is now. Contact a lemon law attorney, know your rights and—most importantly—know if you are indeed driving a lemon.
About Norman Taylor & Associates
Norman F. Taylor and Associates have been assisting consumers since 1987. At Norman Taylor & Associates, the goal is to provide clients with the highest quality of legal representation if they’re one of the unfortunate residents of California who’ve had the misfortune of purchasing defective vehicles or goods and who have recourse under the Lemon Law. They represent consumers in Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties. With a twenty two year history of successful cases, Norman Taylor & Associates has established their reputation as a firm of consumer advocates that get the job done.
Author Resource:- Norman Taylor studied engineering at Arizona State University as an undergraduate. He attended Glendale School of Law, graduated and passed the Bar in 1986. Aside from advocating consumer rights he volunteers for international human rights efforts and sponsors drug education speakers in the public school system. For more information about the California Lemon Law, visit www.normantaylor.com.
Article From ArticlesRFree.com
The Deal about Lemon Law Lawyers San Diego
With this law, you are entitled to be compensated for breach of warranty if you have one of these warranties. First is that of any warranty from the manufacturer upon purchase of vehicle, usually those under 36,000 miles unless stated in the warranty itself. Another is that if your car was labeled “Certified” by the manufacturer, which means that it comes with a 1-year manufacturer's warranty. Finally, a purchased extended warranty from the manufacturer of the usual five years or so also applies here.
If there is no manufacturer's warranty to be found, then you will have to resort to filing complaint under violations of consumer protection that are outside of lemon laws. This means that the lemon laws do not cover this, but is possible for you to still file a complaint by utilizing your rights to consumer protection as stated by the law. Such things as laundered lemons, previously salvaged or wrecked vehicles, cars with intentionally-rolled back odometers, those that have been stolen and rebuilt, rental cars, police cars, taxi cabs, and even those that have been in a flood are examples of vehicles that are eligible for complaint.
The California Lemon Law are under various legal codes like Civil Code Section 1790-1790.4, also known as the Song-Beverly Consumer Warranty Act, and Civil Code Section 1793.22, or the Tanner Consumer Protection Act. A lawyer specializing in such cases can give you more information regarding these laws and what you can do and cannot do regarding your particular case.
Upon knowing of your case's particular code, you will have to gather the documents regarding your car's defects. These are to contain descriptions of the problems within the engine, transmission, brakes, paint, electrical parts, and so on. The repair invoice history, service record, and other paperwork related to the purchase of the vehicle are also required.
After this is all gathered together, you will then have to fill up the relevant information onto a questionnaire that serves as your complaint form coming from the Californian Motor Vehicle Warranty Rights Act department. Upon submission and approval, you will then get the parameters to eligibility. By this time, you should have your lawyer already because it is he/she who is to file this stuff to whoever it may concern.
What you really need to know about these proceedings is that if you hired a good lawyer, he/she will then draft a letter to the manufacturer regarding your initiation of a case. It's a so-called legal process for breach of express or implied warranty, which is also submitted to the Consumer Affairs Department and the Attorney General if the case is very significant.
Things can get confusing regarding the paperwork. Those that need to be filed are the Office of Consumer Protection Complaint Form, Lemon Law Complaint Form, generic online complaint form, purchase and repair history, and so on. List them down if your must because they could mean the difference between getting back your money's worth and getting duped.
With good lemon law lawyers San Diego around, you should not worry too much about it.
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Lemon Law in Arkansas
The Arkansas lemon law is only valid up to two years after the original date of delivery of the vehicle or the first 24,000 mile whichever comes last. If you decide to sell the vehicle, the one who gets it will still be covered under the lemon law.
Vehicles covered under the lemon law do not include the living quarters of mobile homes or trucks that exceed 10,000 pounds gross weight rating.
For you to claim under the lemon law, manufacturers should be given at least 1 repair attempt if the defect may cause death or serious injury or 3 attempts for the same defect or 5 attempts for separate problems or 30 days out of service.
If you did not give the manufacturer ample time to fix the problem, they can argue that the time given was unreasonable and you may not be able to get a refund or a replacement. The lemon law may also not apply if damage to the vehicle was caused by your personal negligence.
In order for you to prove that your car is a lemon, you should report any problems directly to the manufacturer. Naturally they will try to fix the problem so keep all the receipts and any correspondence with them. It should state here that nature of the problem, the time it was brought in and picked up, repair work performed, odometer reading and the charges for parts and labor.
Let’s say repairs were done but nothing changes. When this happens, you have to give the manufacturer one last attempt before you can file a claim under the lemon law. You first have to send the manufacturer a final notice stating that unless they fix the problem, you have no choice but to file a claim against them.
It may come to a point where they have tried their best and decide to settle by offering you a replacement vehicle. If you decide to do this, you should not accept a refinancing agreement because it will create a financial obligation that is way beyond the original agreement.
You should instead demand a refund. Here, you will receive the full purchase price of the vehicle minus a reasonable allowance for vehicle use. The same happens if the vehicle was leased thus this agreement ends so you should not be charged any penalties for ending it early.
Some manufacturers will not refund or replace your vehicle. When this happens, you have to file for a hearing through the manufacturer’s informal dispute settlement program before you can bring this matter to court.
No fees are paid during the settlement program. You simply have to submit your complaint together with a copy of your documents. A decision will be made after 40 days and you can accept or reject the decision. If you accept, the manufacturer has to comply within 30 days.
If you are not satisfied, you can assert your right in court as the lemon law allows by getting the help of a lawyer. If you win, you are given the choice to get a refund or a replacement vehicle.
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Concerned That Your Car May Be a "Lemon"?
| 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! 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. |
| Author Resource:- Karen Kirby has 25 years in the computer industry and MS Computer Science. See lemon law http://lemon-law.eworldrewards.com/use-the-lemon-law-squeeze.htm - Internet Guide to Traffic http://www.aimbright.com/ebook/ |
| Article From New Ezine Articles |
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Lemon Law And Arbitration
What is Arbitration?
Arbitration is defined as "the process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision."
So in regards to lemon law, an arbitration is when you, the car buyer, attempt to receive a refund or replacement vehicle by using an arbitration committee. Most states have companies that you can use specifically for such arbitrations. The judgement of the arbitration group is final.
Arbitration has several advantages over court hearings. As California Lemon Law observes, arbitration offers time and cost savings over court hearings. The final decision should be decided upon much faster with arbitration. Disadvantages of using arbitration in place of court hearings to decide your case include few options for appealing the decision.
California Lemon Law Arbitration
California was the first state to enact a law to protect customers in the event that they purchased a vehicle that turned out to be what is considered a "lemon". In the beginning, hearings over California lemon law cases were all handled in court. Later, arbitration became a common way to handle defects that resulted with cars still under their car service contract.
If your vehicle is still under its car warranty, and you've had to return it several times for put right work, your problem lies within the lemon law jurisdiction. Rather than schedule a court hearing that will cost you a lot of time and money, California Lemon Law required automobile manufacturers, beginning in 1986, to provide a means to settle claims.
In the vehicle's owner manual, if the Better Business Bureau Auto Line is listed as the arbitrator, as many California manufacturers do, you contact the manufacturer first with your car issues. You will then contact the Auto Line as defined by the owner's manual, request and complete a claim form. The BBB forwards the claim to the manufacturer, and the manufacturer is given opportunity to resolve the issue.
If you are happy with the resolution proposed, it's settled. If you are not satisfied, the Bureau begins the arbitration which means you get to explain the details to an arbitrator at the BBB offices. Bring all of your records of correspondence and put right work. The manufacturer has a chance to speak, and then a decision will be made concerning your claim. Arbitration decisions are normally made within 40 days of filing the claim for lemon law protection.
Arbitration decisions are binding to the manufacturer, but not to you- the customer. What does that mean exactly? If you are not satisfied with the results of the arbitration, than you can take the case into court. If the manufacturer is not happy with the arbitration results because they are required to replace your vehicle or issue a refund. They msy not take the case to court as they are bound to the arbitrators decision.
BlueWaterArticles.com: - Lemon Law And Arbitration
About the Author
We've got more about California Lemon Law Arbitration and the lemon laws in general at Lemon Law Advice Made Easy
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Lemon Law : Keep Records To Win
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.
Start to research the Lemon Law in your state, and get hold of any 'service bulletins' that have been issued for your make and model of car. Do your homework - quite often it's simplest to do much of it online - and copy any information you find into your diary.
Depending on individual state laws, dealers are required to give you a written car warranty under which they must repair, free of charge, any problems that occur. In some cases, the dealer may take the option to reimburse you for the reasonable cost of repairs, but check your own warranty to see if this applies to you.
But if your car needs excessive repairs, start researching the Lemon Law statutes in your state. Many problems during the car guarantee period may not constitute a defect, but one grave problem or problems might be a breach of the Lemon Law. Note the dates of all repairs to your car in a notebook, and how long your car was "in the shop" and "off the road." Make the receipts for repairs in a safe place. At this point you may want to look into finding a Lemon Law attorney in your state.
It won't normally be long before you've made up your mind if you really do have a lemon and then is the time to start getting your notes and receipts all together. You should become familiar with your state's Lemon Law statute and put together 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 makes for a long paper trail, but, as with all legal matters, the devil is nearly always in the detail and you can never keep enough details to ensure a successful Lemon Law action.
Article Source: http://www.articlenorth.com
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Lemon Law in Florida
This law covers defects or conditions that impair the use, value or safety of the vehicle which can only be determined if the vehicle has been in and out of the shop several times but no significant improvements are reported for 15 or more cumulative days. These defects have to be reported within the first 24 months after the date of delivery.
If the manufacturer fails to repair these defects, it has no choice but to buy back the vehicle and give you a purchase price refund or a replacement vehicle.
You won’t know if your car is a lemon once you get this from the dealer. It takes time which is why you should always keep records repair and maintenance. If you have encountered the same problem at lest 3 times, you can already send the manufacturer a written notice to give them one last chance to fix it.
If you don’t know how to write letter, you can get a motor vehicle defect notification form. Once this is received, they have to respond within 10 days to take the proper action and another 10 days to fix the vehicle.
Should the problem still exist, you can settle this dispute through an arbitration program. Some companies have one that is state-certified. If the program fails to issue a decision within 40 days or you are not happy with the ruling, you can bring this matter to the Florida New Motor Vehicle Arbitration Board.
Cases that are approved will be scheduled within 40 days. The panel will be composed of three individuals who are knowledgeable about the lemon law as well as have automotive technical experience and a background in engineering. The hearing ends when the group renders an oral decision and submits a written copy both to you and the manufacturer.
If the panel decides in your favor, the manufacturer has no choice but to respect the decision and comply with it. You will be given the choice to get a replacement vehicle that must be of similar make and model. This must not exceed 105% of the MSRP. You can also get a refund that is the purchase price of the vehicle which also includes costs incurred in connection with the purchase of the vehicle as well as incidental charges.
A certain amount will be deducted for the use of the vehicle which is a statutory formula based on the mileage attributable to the consumer as of the date of settlement or an arbitration hearing whichever comes first.
But if the panel again decides in favor of the manufacturer, you can make one more effort by bringing this matter to the circuit court within the next 30 days. Just remember that the manufacturer can also do the same since they can also file for an appeal.
The lemon law in Florida is only valid during the first 2 years of use of the vehicle. So if you have a recurrent problem, it is best to report this to the manufacturer at once.
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Tips about Lemon Law Attorneys San Diego
The California Lemon Law applies to cars where the dealership has failed to repair successfully within the warranty period, despite the number attempts to do so. While the number of visits is not that specific, it usually is about your fourth visit when you should start taking the legal route. Also, if the car has been in there for over 30 days, you can apply it then as well. However, keep in mind that it is assessed case-by-case.
If ever your situation satisfy these conditions, then the manufacturer or dealership is supposed to refund your money or replace the vehicle with a similar one. The attorney's fees are also to be included, which is good for those who can't afford one. These can apply even if the car started going haywire outside the 18-month period or has already exceeded 18,000 miles.
This lemon law also applies to used and leased vehicles, which include boats, motorcycles, and recreational vehicles that are private and non-commercial. It can apply to business as long as they are under 10,000 pounds in total gross weight and at a total of five vehicles or less.
Customers are not necessarily in need of self-arbitration, but they will have to settle a warranty dispute to the manufacturer before taking the case to court if a state-certified arbitration program is maintained. This process usually is outlined in the warranty or owner's manual. But then again, it would usually tell you to have it repaired by the manufacturer, which just leads you back to square one.
If the manufacturer still does not comply to the terms and conditions of warranty, then it would be wise to take it to the court. By this time, a good lawyer experienced in this field is to be hired and a questionnaire or complaint form from the Californian Vehicle Warranty Rights Act Department is to be filled up. Information such as the brand and model of the vehicle, year of manufacture, mileage, name, contact details, date of purchase, and so on is to be written down and submitted with copies of documents needed.
Upon submission and approval, you are to fill up another form that states the parameters of eligibility. Your lawyer should be able to handle this by filing a claim under the California Lemon Law with a letter to the manufacturer.
This letter will notify the manufacturer of your intentions to initiate a breach of express or implied warranty. With that, a copy of that document must also be submitted to the Consumer Affairs Department and the Attorney General's office. These requirements are necessary for the proper processing of your case.
The California Lemon Law is there to assist in obtaining either a refund or a replacement of the car if ever bad things do happen. This is only possible if you have filed the proper documents and hired some lemon law attorneys San Diego who is experienced in this field. If you have all of those, then things can turn to your favor.
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Sour Taste Over Lemon Laws For Non-Traditional Motor Vehicle Owners
Do you have a motor home, all-terrain vehicle, tractor, motorcycle or any other motorized transportation with less than four wheels? Did you buy it brand new only to find out it is a dud, something like a car lemon? Your rights as a consumer when it comes to the lemon law and its interpretation depends on which state you live in. Nope, it is not the state of denial, which is what you would like to live in after spending all that money, only to get a dud vehicle!
Let’s look at the lemon law Florida has passed through legislature. Their lemon law only covers new vehicles bought or leased. The vehicle use must be for private or personal use and does not include any vehicles ridden off road or any vehicles less than four wheels. And the lemon law California has does not take into account the off-road vehicles and other modes of transportation other than a new vehicle with four wheels. However, motor home chassis are covered, but not the body.
If you live in Texas, however, you can enjoy one of the most liberal lemon laws in the United States. Recreational modes of transportation like three or four wheelers, motorcycles, motor homes, cars, trucks and vans are all covered as long as they are new vehicles. No used car lemons or the like are considered. Other states are a bit more liberal in their interpretation of these laws. New Hampshire is one of them as is New Mexico and North Carolina.
Other states typically cover new cars, small trucks and vans in their car lemon law. Some are conditional when it comes to recreational vehicles, motorcycles and motor homes. For instance, the state of Illinois covers recreational vehicles under their lemon law but not motorcycles. In New Jersey however, they do cover motorcycles and even motor homes. Ohio covers motorcycles as does Washington.
Depending on where you live, you will probably want to consult with one or two lemon law attorneys to interpret the law for you. Because some states just mention any motorized mode of transportation that you use for family or personal use that leaves the field wide open to speculation. What is interpreted as a motorized vehicle? Each state will probably have a different answer. Virginia, Wyoming, Oregon, Maine and Minnesota have more general interpretations than most.
You could be a retiree with a brand new motor home, ready to hit the open roads of the United States. Or you could be a farmer or rancher that used tractors and recreational vehicles like a four-wheeler for farm work. Maybe you are a motorcycle rider trying to save on gas or you ride a moped around your college town. No matter what the circumstance, brush up on the lemon laws your state has or consult with lemon law lawyers if you are having difficulties with your new mode of transportation. Remember your rights will vary depending on where you reside.
About The Author
Earl Powers, US Lawyer and Lemon Vehicle expert at Aquest Group LLC (http://www.lemon-vehicle.com ) publishes other articles related to Lemon Vehicle athttp://www.the-lemon-law.com and http://www.free-car-lemon-check.com.
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Sunshine State Seeing Yellow Thanks To Lemon Laws
When people think of Florida, they think of the Sunshine State and their top agriculture product - oranges. However, it is the lemon law Florida enforces that makes vehicle owners see yellow. Lemon law attorneys are almost as abundant as the orange crop in Florida, so just remember them when you decide to seek any legal counsel. However, you can research your basic car lemon law just by browsing the internet or reading below for the highlights on your rights as a consumer when it comes to owning a car lemon.
The late 1980’s saw a new lemon law that holds car makers accountable, by particular situations of course, for refunding the purchaser’s money or exchanging the problem vehicle with a new, comparable model. This law does not cover a used car lemon nor does it provide coverage for ATV vehicles, motorcycles, dirt bikes, motorized scooters or large trucks with a weight of over 10,000 pounds.
This lemon law Florida has also only covers new vehicles, either bought or leased in the state. There are very few exceptions. Defective operation or a major flaw in the car has to be present which would impede the safe use of the vehicle. You have heard that beauty is in the eye of the beholder? Well, the same goes when judging whether or not your vehicle has a legitimate defect.
The owner of the car has to have had wasted a lot of time taking the vehicle into the dealership or certified service provider, losing family time and possibly loss of wages due to missed work. Ok, so the lemon laws do not exactly say that, but that is the reality of it right? Technically, you had to have taken the vehicle in at least three occasions for identical problems or have had the car out of commission for fifteen straight days due to the flaw or defect.
Here is where it starts getting irritating. After all this time and aggravation of taking your vehicle in without the problems being fixed, THEN you have to fill out a form from the lemon law Florida handbook. You can state your grievances on there and describe your vehicle problems. The next step is mailing it straight to the manufacturer via certified or receipt mail and waiting for a response. (All this hassle almost makes you want to make lemonade with that car lemon, doesn’t it?)
The manufacturer has ten days to pony up a response to your grievance. If you do not hear from them, then their rights are waived. Usually though, you will hear back from the manufacturer where they will direct you to yet another authorized service provider for another inspection of the alleged car lemon. Sounds like a lot of fun!
If you get disgusted with the entire process, do a search on the internet or ask around for some reputable lemon law lawyers that can fight the battle for you. Just be sure to keep track of all your repair receipts, any rental car fees due to your vehicle being out of commission and any other warranty work. Documentation is important to following any car lemon law. Good luck in your quest. Let’s hope that you will soon start seeing green, the color of money instead of car lemon yellow!
Earl Powers, US Lawyer and State Lemon Laws expert at Aquest Group LLC (http://www.state-lemon-laws-explained.com ) publishes other articles related to State Lemon Laws at http://www.used-car-lemon-laws.com and http://www.lemon-law-attorney.com.
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A Guide to Lemon Law Attorneys Southern California
For example, you just bought a car that you thought was nice and had all that you ever need. But suddenly, the engine dies on you when it rained. You may have gotten it fixed, but it would die again the next time it rained. In Southern California, it only rains in winter, so it's not so bad. But still, why own a car that breaks down during rain?
Also imagine that it happens to be a sports car. With the body close to the ground, its inner parts will get wet when you hit a puddle. That would make it break down then and there, regardless of rain. This means that you have been sold a lemon and have been scammed. You have tried everything you can to fix it like spraying coatings on the distributor wires to waterproof them, but to no avail. This calls for a lemon law attorney.
You know that you're going to need one if you actually took this car to the dealership and had them work on it until it got fixed, but breaks down at the next possible chance. If this happens, then numbers have to be crunched or heads will roll. A lemon law attorney will help you with this by making sure that you get compensated for being sold a wreck.
Lemon laws apply to many products, but it has been mostly applied to motor vehicles. The California Lemon Law protects the consumer from the consequences of buying or leasing a defective automobile, making either dealership or manufacturer responsible for it. While the warranty still stands, the manufacturer is responsible for having the car in perfect working condition if ever it is taken in for either repair or replacement.
In California, the consumer is protected by a set of laws that are there to ensure the integrity of the trade and to thwart deception in transactions. With these laws, defective cars will have to be replaced and may even incur huge penalty fees for those who deliberately make fools out of their customers. They also ensure the enhancement of the driver and passengers' basic safety by having the cars more carefully manufactured and monitored. This observance of consumer rights ensures that the customer always gets it right.
Take note that these lemon laws also apply to leased cars, as long as they are under warranty upon lease. The warranty itself should not be invalidated upon reaching 18,000 miles or 18 months if it indicates higher values. As long as they apply, then the lemon laws definitely apply. Also, by the first repair attempt within the warranty period, they do apply even after the warranty.
Upon hiring lemon law attorneys southern California, you can get a refund or complete repair for a purchased or leased secondhand vehicle in the same way as a brand new one if it was bought for non-commercial private use. These lemon laws can also apply to RV's, motor homes, motorcycles, boats, and many others.
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The California Lemon Law
The lemon law of California applies to vehicles which auto dealerships have failed to repair within a warranty period despite being given a reasonable number of times to do so.
There is no specific number of visits to make such a claim but typically 4 visits will suffice. The law is also on your side if the vehicle has been in the shop for a total of more than 30 days for warranty repairs. But you have to know that everything is assessed on a case by case basis.
If your vehicle meets these conditions, the manufacturer must give your money back and pay off any outstanding loan balance or replace the vehicle with a similar model. The law also requires the manufacturer to pay the customer’s hourly attorney’s fees on a meritorious claim which is very convenient especially for those who cannot afford one.
You can even file for a claim if the problems of your vehicle did not occur within the unit’s first 18 months or 18,000 miles of use.
The California lemon law also applies to used and leased vehicles including boats, motorcycles and recreational vehicles which should be primarily for family, personal or household use. This is also applicable for business purposes as long as the gross weight is not over 10,000 pounds and not more than 5 vehicles are registered in this state.
As the customer, you are not required to first arbitrate your case. However, if the manufacturer maintains a state certified arbitration program, you have to submit the warranty dispute to them first before you can go to court. Information about arbitration must be described in the warranty or the owner’s manual but in most cases, this will just tell you to bring your vehicle back to the manufacturer for repairs.
If you are still not satisfied with the way you were treated by the manufacturer, then it is time to go to court. The first step is to hire a lawyer and then fill up a questionnaire or interactive complaint form from the Californian Vehicle Warranty Rights Act Department.
You should write her the make and model of the vehicle, the year of manufacture, current mileage, name, address and contact details of the dealer, date of purchase together with the copy of the document, details of the warranty, the list of problems encountered, number of attempts to fix the vehicle and the number of days it was inside the shop.
Once this form is submitted and approved, you will be given another form that outlines the eligibility parameters. Your attorney should be able to process the paperwork like filing a claim under the California lemon law by drafting a letter to the manufacturer.
The letter will let the manufacturer know you are initiating what is known as a breach of express or implied warranty. A copy of this document must also be submitted to the Consumer Affairs Department and the Attorney General’s office.
The California lemon law should help you get a refund or maybe a new car. This can only happen with the proper documentation and an experienced attorney who will be able to make the courts decide in your favor.
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Motorcycle Lemon Law - 1800-Lemon-Law
Lemon Law Advocate Craig Kimmel explains the protections that motorcycle owners currently have under federal and some state Lemon Laws. With an increase in motorcycle sales, it's more important than ever to ensure that your motorcycle is safe and that you are not left out of pocket if you do discover your motorbike is a lemon.
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California Lemon Law - Get Rid of Your Lemon
www.lemonlawspecialists.com
California Lemon Law Attorney Kurt Delsack on the CA Lemon Laws and how to avoid becoming a Lemon Law victim. Call 888.395.3666
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