Lemon Law

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Auto Lemon ?Can Your State's Lemon Law Help You?

Buying a car is not like buying a radio; you cannot return it to the store for a refund if you do not like it, or if it has a manufacturing defect. In fact, for many years, if you purchased an automobile that came from the factory with defects, you were just stuck. You could try to get the dealer to repair the problem, but if the problem continued and the dealer could not repair it, you were out of luck.

In 1982, the luck of owners of so- called “lemons” changed for the better, as California and Connecticut passed the nation’s first “lemon laws.”

These laws, spawned by consumers who had waged tireless battles against major auto companies, allowed owners of defective automobiles to seek compensation or replacement with the help of their respective states. These laws swept like wildfire throughout the country, and now all 50 states have some form of the lemon law.

The specifics of the lemon laws will vary from state to state, but in general, they define a “lemon” as a vehicle that:

Has a “nonconformity” that affects the safety, use, or value of the vehicle, 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 .

Article Source: http://www.Free-Articles-Zone.com

Concerned That Your Car May Be a "Lemon"?

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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/

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Lemon Law : Keep Records To Win

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If you think your car might be a "lemon," start by doing a quick checklist. If your car makes odd noises, but otherwise drives just fine, you might not have a car that falls under your state's Lemon Law. But if you are experiencing major defects with the car (its engine, drive axle, brakes, steering or radiator, for example), you might want to start a paper trail. You could have a lemon.

With any issues you might be having, check your car warranty first. Give the manufacturer an opportunity to put right it (this can be up to 3 or 4 attempts to repair a problem). At this point, a Lemon Law attorney may not be essential.

Make sure you keep all the records concerning your vehicle and the attempted repairs though because they will definitely be needed if you need to call on the Lemon Law in your state. In particular, make sure you've kept a copy of the car guarantee in a safe place. Keep all the repair receipts and keep a diary, or log book, of the time taken over the repairs and, in particular, the time your vehicle was off the road.

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.

Lemon Law in Florida

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The lemon law in Florida only applies to new or demonstrator vehicles that are either sold or leased on a long term basis. Unlike other states, the lemon law does not cover motorcycle, mopeds, off road vehicles, living facilities inside motor homes, trucks with a gross weight of 10,000 pounds or more as well as vehicles that were purchased for the purposes of resale.

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.

A Guide to Lemon Law Attorneys Southern California

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Whenever you're buying a car, there are those that don't seem to meet your standards. These are called lemons, and they are the bane of every car buyer's money. To protect the people, lemon laws are in effect. For those who got stuck with a lemon, call lemon law attorneys southern California to get back at those who have wronged you. Upon qualification, it becomes a “no cost to consumer” lawsuit.

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.

Motorcycle Lemon Law - 1800-Lemon-Law

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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.

California Lemon Law - Get Rid of Your Lemon

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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

The Lemon Law in Texas

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If you are experiencing repeated problems with your car after it has been brought in the shop and you purchased or leased this from a licensed Texas dealer or lease company, the Texas Lemon Law may be able to help you get it refund or have it replaced.

The Texas lemon law was first enacted in 1983. It is administered by the Texas Department of Transportation's Motor Vehicle Division and the Motor Vehicle Board.

Vehicles that are covered by the Texas lemon law include cars, trucks, motorcycles, motor homes and ATVs. It also covers new and demonstrator vehicles that develop problems covered by a manufacturer’s written warranty. If you happen to own a towable recreational vehicle, it must first be titled and registered in Texas to be eligible.

Your used vehicle may also be covered under the Lemon Law if it is still within the manufacturer’s original warranty and not an extended service contract or if the problem started while it was still under warranty and it continues to exist.

To know if the Texas lemon law is applicable, your vehicle must meet certain conditions. The vehicle must have an abnormal condition or serious defect, the defect is covered by the manufacturer’s warranty, the defect is reported to the dealer during the warranty term, you must give the manufacturer a letter stating the problem and ample time to repair the problem and the problem still persists after everything was done.

There is nothing in the lemon law that states the number of times that the customer has to wait before filing a complaint. For many, four times seems to be sufficient. This may happen two times to repair the same problem of defect within the first 12 months or 12,000 miles whichever comes first or twice more during the 12 months or 12,000 miles after the second repair was done without any improvement.

Some will tell you to undergo the serious safety hazard test where the vehicle in question was once brought into the shop during the first 12 months or 12,000 miles whichever comes first and once during the 12 months or 12,000 miles after the first repair attempt.

The Texas lemon law may also apply if the vehicle has been out of service for a total of 30 days or more during the first 24 months or 24,000 miles and there were at least two repair attempts during the first 12 months of 12,000 miles after this was delivered to you with no changes in the vehicle’s condition.

If you happen to experience one of these three scenarios, you must file your Lemon law complaint as soon as possible so the Motor Vehicle Board will be able to help you.

A hearing will be conducted and before going in, be sure to prepare all the necessary documents so you can prove your case in front of the Administrative law judge. You should present your own testimony since you are the owner of the vehicle, the testimony of witnesses, receipts, letters and other documents which are needed.

A decision with regards to your case will be made within 150 days after receiving the complaint and paying for the filing fee. If no decision is made during that period, you can make your argument in court as though the Lemon law process were complete.

The Lemon Law in Washington

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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.

The Arbitration Process in the Lemon Law

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The arbitration process in the lemon law is not that complicated compared to court trials. This is because a judge and a jury are not needed to decide on the matter. The individuals that will hear the case have an automotive and legal background so they know what details to look at in making a decision.

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.