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 |
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.
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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
The Lemon Laws are there to protect you but to get a successful outcome you need to do your homework. We've got the full lowdown for you at Lemon Law Advice Made Easy complete with all those tips and tricks you really do need to take care of if you want to get the result you want.
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