Archive for the ‘Lemon Law’ Category


The Lemon Law in Texas

Thursday, January 14th, 2010

Imagine the next time you join a discussion about Lemon Law. When you start sharing the fascinating Lemon Law facts below, your friends will be absolutely amazed.

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.

Once you begin to move beyond basic background information, you begin to realize that there’s more to Lemon Law than you may have first thought.

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.

About the Author
By Anders Eriksson, feel free to visit my latest acquisition: Free Google Traffic System and make sure to visit my bonus site!

Lemon Law in Arkansas

Tuesday, January 5th, 2010

Each state has its own interpretation of the lemon law and vehicles can only be covered in the state of Arkansas if it was bought, leased and registered there.

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.

You may not consider everything you just read to be crucial information about Lemon Law. But don’t be surprised if you find yourself recalling and using this very information in the next few days.

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.

About the Author
By Anders Eriksson, feel free to visit my latest acquisition: Free Google Traffic System and make sure to visit my bonus site!

The Arbitration Process in the Lemon Law

Wednesday, December 30th, 2009

Imagine the next time you join a discussion about Lemon Law. When you start sharing the fascinating Lemon Law facts below, your friends will be absolutely amazed.

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.

If you find yourself confused by what you’ve read to this point, don’t despair. Everything should be crystal clear by the time you finish.

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.

About the Author
By Anders Eriksson, feel free to visit my latest acquisition: Free Google Traffic System and make sure to visit my bonus site!

The Lemon Law in Illinois

Wednesday, December 2nd, 2009

In today’s world, it seems that almost any topic is open for debate. While I was gathering facts for this article, I was quite surprised to find some of the issues I thought were settled are actually still being openly discussed.

The Illinois Lemon Law is also known as the Illinois’s New Vehicle Buyer Protection Act. It protects the customer who bought or leased a new car, pickup, truck or van as long as this does not exceed 8,000 pounds. There are no warranties here but it provides people a remedy if the dealer fails to live up to its commitment.

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.

I trust that what you’ve read so far has been informative. The following section should go a long way toward clearing up any uncertainty that may remain.

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.

About the Author
By Anders Eriksson, feel free to visit my latest venture: GVO and make sure to claim your $1 trial membership!

The Lemon Law in New York

Saturday, June 6th, 2009

The lemon law in New York provides a remedy for customers that have had problems with their vehicles despite the number of times that these have been brought in for repairs. The manufacturer is also held liable if the car sold does not conform to the terms of the written warranty.

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.

Hopefully the information presented so far has been applicable. You might also want to consider the following:

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.

If you’ve picked some pointers about Lemon Law that you can put into action, then by all means, do so. You won’t really be able to gain any benefits from your new knowledge if you don’t use it.

About the Author
By Anders Eriksson, who just joined this Free Website Traffic generation site

Finding the Right Lawyer to Represent You in a Lemon Law Suit

Saturday, May 30th, 2009

The lemon law is designed to protect people who purchased defective vehicles from manufacturers or dealers. If repeated attempts to repair the problem do not produce any positive results, you can have this settled through arbitration or through the courts.

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.

Those of you not familiar with the latest on Lemon Law now have at least a basic understanding. But there’s more to come.

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.

Now might be a good time to write down the main points covered above. The act of putting it down on paper will help you remember what’s important about Lemon Law.

About the Author
By Anders Eriksson, who just joined this Free Website Traffic generation site

Lemon Law in Wisconsin

Monday, May 11th, 2009

Imagine the next time you join a discussion about Lemon Law. When you start sharing the fascinating Lemon Law facts below, your friends will be absolutely amazed.

The lemon law in Wisconsin is pretty simple. If the vehicle you purchase turns out to be a lemon, the manufacturer has to replace the vehicle or refund the purchase price minus a reasonable amount based on mileage.

This law only applies to new vehicles no more than a year old and is still under warranty. This includes cars, trucks, motorcycles and motor homes which you have purchased or leased as well as those used as demonstrator or executive vehicles.

The vehicle itself can only be considered defective if the dealer cannot fix it after four tries or if the problem prevents you from using it for more than 30 days which does not have to be consecutive. This means that it should seriously affect the use, value or safety of the vehicle.

Unlike other states where there is a deadline given to which you have to file a suit, Wisconsin doesn’t but a judge will be the one who will decide the merits of the case.

Before you file a case, you should get a repair order for reach visit even if the shop does not diagnose the problem or attempt to do any repairs because this document shows that the problem you encountered was reported and the date it was brought in the shop. You should also keep contracts and warranties in a safe place so this will easily be found when it is needed.

The best place to get help if you have a lemon is to get assistance from Wisconsin’s Department of Transportation since they have the proper forms to request the manufacturer for a refund or replacement vehicle. They will also be able to give you more information about how to exercise your rights as a consumer under the law.

How can you put a limit on learning more? The next section may contain that one little bit of wisdom that changes everything.

Once the form has been filled up, this has to be mailed to the manufacturer’s address that can be found inside the user’s manual. You should probably send this through certified mail to make sure that it was received.

The manufacturer has 30 days to respond to your request. If you are asking for a refund, aside from the full purchase price they have to include sales tax, any finance charges and collateral costs again minus the mileage. If you are getting a replacement, the manufacturer should only refund your collateral costs and charge nothing from mileage.

Collateral costs refer to alternative transportation expenses because the vehicle was in the shop, towing charges if the vehicle broke down in the middle of the road and repairs costs that were incurred to try and fix the problem.

If the manufacturer refuses to give you a refund or replacement, you can consider an arbitration program. This is free and you don’t need a lawyer. In fact, most car companies have one and you are required to go through the process if it is certified.

But if it is not certified by the state, you are not required to. Instead, you can hire an attorney and take this matter to court so the judge can decide on the matter. If you sue the manufacturer and win, you may get double the vehicle’s purchase price plus other costs including the attorney fees.

The lemon law is quite complex so it is best to hire a lawyer that specializes in it. You can look for someone in the directory or get help from the State Bar of Wisconsin Attorney Referral Service or the WisBar Layer Referral and Information Service.

About the Author
By Anders Eriksson, who just launched this URL Shortening Service, working exactly like TinyURL.com!

Things to Remember for Used Car Lemon Law

Saturday, March 7th, 2009

As automobiles are becoming ubiquitous and indispensable today, people are hitting the road with greater ease and convenience by the use of their own cars. The car industry continues to experience boom in spite of the scary oil price hike, a sign that many would choose to cars than mass transportation system. People are also choosing to buy less expensive second hand automobiles, opting to make a good deal with this cheaper variety.

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.

Sometimes the most important aspects of a subject are not immediately obvious. Keep reading to get the complete picture.

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.

Of course, it’s impossible to put everything about Lemon Law into just one article. But you can’t deny that you’ve just added to your understanding about Lemon Law, and that’s time well spent.

About the Author
Have you visited Anders’ latest site yet? This one is great if you need new fresh Free Adsense Sites

A Guide to Lemon Law Attorneys Southern California

Sunday, January 4th, 2009

The following article presents the very latest information on Lemon Law. If you have a particular interest in Lemon Law, then this informative article is required reading.

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.

You can see that there’s practical value in learning more about Lemon Law. Can you think of ways to apply what’s been covered so far?

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.

That’s the latest from the Lemon Law authorities. Once you’re familiar with these ideas, you’ll be ready to move to the next level.