Is your car making you pucker up like you have eaten a lemon? A spoonful of sugar will not make it all better. You need to brush up on the latest lemon laws in your state. It seems you may have gotten a dud of a car, a car lemon for lack of a better term. So you can brush up on the latest lemon law or you can consult with one of probably many lemon law attorneys available in your state.
Let us suppose you live in California. Research the latest lemon law California has to offer by perusing through the statutes in the state of California’s Civil Code. If that does not get you yawning, nothing will! To save yourself from the boredom of reading through all that legalese, you can also consult with some lemon law lawyers. Or, read on for a summary of these statutes to see if you have a legal leg to stand on. You will have to decide if you need to start making lemonade with that car lemon.
One of the statutes of the California Civil Code states that you must make a realistic effort to have your new car fixed to conform to basic warranties from the vehicle manufacturer. There is a limit of a year and a half or 18,000 miles on the car’s odometer, whichever happens first, for the problem to be rectified, before being considered a car lemon.
Of course, as with anything else, there are other provisions to that rule. First, the malfunction must have been repaired two or more times without success, with the result being that the car is dangerous or unsafe to drive in a way that might cause severe injury or casualties. Or, secondly, your car is still not fixed satisfactorily after four repeated attempts by the manufacturer. Finally, another reason that your vehicle could be facing a car lemon law is if your vehicle has been out for repairs for more than a month or thirty straight days.
The above information is just a sampling of the lemon law California has on the books. There is more to it than that, but is should give you a good start in understanding where you stand with your dud of a car. To be sure that you are in compliance with any CA lemon law, make sure to get some legal counsel.
You will discover that you can request a refund of the purchase of the car from the manufacturer. The car manufacturer can also substitute your dud of a vehicle with a new equally comparable vehicle. They would be responsible for all the taxes and fees that go with the purchase of a new car including the costs you incurred in rental and repair fees.
One thing lemon law lawyers might tell you is that if you request the manufacturer to make restitution through a new vehicle or a refund before you file any civil suit and they refuse, you may be entitled to twice the compensation from the manufacturer should a civil trial find in your favor. However, before you go through legal counsel, just save a little money and do your research on your lemon laws. It’s a tough job wading through all that car lemon law stuff, so pucker up and get busy making your own lemonade from that car lemon.
Earl Powers, US Lawyer and What Is The Lemon Law expert - focusing on Lemon Law and Used Car Lemon Law
Wednesday, June 10, 2009
Lemon Law (by Michelle Magne)
What is Lemon Law?
The Lemon Law was made to protect consumers who purchased a new vehicle that unfortunately turns out to be defective in some ways. For reasons lost to antiquity, defective cars are known as “lemons”. Consumers all over the country may now seek either a replacement vehicle or a refund should they find themselves the owner of a defective automobile. Even though legislation exists to protect you if you should find yourself the owner of a lemon, most people are not familiar with their state's. . If you feel that you are in need of good lemon law advice then it is advisable that you contact a lawyer who specializes in lemon law cases. Follow lemon law information on this site.
Every state has different lemon laws in place in regards to new car purchases that suffer from a significant number of defects, or repeat defects that the dealer is not able to repair.
Lemon Laws can also extend to Consumer Goods such as Computers, Lemon Truck and Lemon Car. If your car, truck or computer is a lemon, you may be entitled to receiving your money back, a cash settlement, or a replacement. Be sure to check with an appropriate attorney if you believe your case fits lemon law for proper protection of your rights.
Guidelines to Declare your Vehicle as Lemon:
Here are some guidelines for knowing whether or not your car is a lemon:
A motor vehicle may be declared a lemon if it meets all of the following lemon law conditions: - The vehicle has a serious defect or abnormal condition. - The defect or condition is covered by a manufacturer's written warranty. - The owner reports the defect or condition to the dealer or manufacturer within the warranty term. - The owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition. - The owner gives the manufacturer (preferably by certified mail) written notice of the defect and at least one opportunity for repair. - The defect or condition persists and substantially impairs the vehicle's use or market value, or creates a serious safety hazard. - The owner files a timely lemon law complaint and pays the filing fee.
If all of these criteria are met, the Lemon Law "presumes" during the first 18 months/18,000 miles (whichever comes first) that the buyer or lessee is entitled to a replacement vehicle or a refund. However, a replacement or refund may not be automatic since the manufacturer is entitled to prove that no problem exists, that a reasonable number of repair attempts have not been made, or that the problem does not substantially impair the vehicle's use, value or safety.
This is predicated upon the consumer's decision to utilize the manufacturer's arbitration program, which they are not required to do unless they decide to pursue the "presumption" rule.
Even if the vehicle does not fit the 18 month/18,000 mile "presumption" criteria, consumers may still be entitled to a buy back if the vehicle has been subject to a reasonable number of repair attempts ANY TIME during the entire New Vehicle Limited Warranty period, which is typically 3 years/36,000 miles, or 4 years/50,000 miles, depending on the manufacturer.
Read more about information on guidelines.
Attorney: There are many types of attorneys who specialize in things such as maritime attorney, tax attorney, to name a few. Make sure that you find the attorney with the right qualifications to represent your legal position.
If you decide to sue, an attorney will almost certainly be necessary. Many states will allow you to collect attorney fees in a lemon law-related lawsuit. Should you find yourself the owner of a defective automobile, you can certainly file a lemon law claim yourself, but many people will find that the process goes more smoothly with the aid of an attorney who is experienced in lemon law cases. If you think your car is a lemon and you might need to file a claim under your state's Lemon Law, you should first check with your state's Website, or contact your state's Attorney General's office.
While you may represent yourself during the arbitration process, you may feel more comfortable hiring an attorney. There are many attorneys who specialize in lemon law cases, and they may be able to expedite the process. The presence of an attorney may also make you feel more comfortable if you have little or no experience with this sort of procedure. If the of the arbitration panel does not rule in your favor, or if your state allows you to opt out of arbitration by choice, you may elect to sue the manufacturer yourself. This is often a last resort, as arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims.
About the author Michelle magne recommends (http://www.lemonlaw.com) to hep you get rid of lemon vehicle
The Lemon Law was made to protect consumers who purchased a new vehicle that unfortunately turns out to be defective in some ways. For reasons lost to antiquity, defective cars are known as “lemons”. Consumers all over the country may now seek either a replacement vehicle or a refund should they find themselves the owner of a defective automobile. Even though legislation exists to protect you if you should find yourself the owner of a lemon, most people are not familiar with their state's. . If you feel that you are in need of good lemon law advice then it is advisable that you contact a lawyer who specializes in lemon law cases. Follow lemon law information on this site.
Every state has different lemon laws in place in regards to new car purchases that suffer from a significant number of defects, or repeat defects that the dealer is not able to repair.
Lemon Laws can also extend to Consumer Goods such as Computers, Lemon Truck and Lemon Car. If your car, truck or computer is a lemon, you may be entitled to receiving your money back, a cash settlement, or a replacement. Be sure to check with an appropriate attorney if you believe your case fits lemon law for proper protection of your rights.
Guidelines to Declare your Vehicle as Lemon:
Here are some guidelines for knowing whether or not your car is a lemon:
A motor vehicle may be declared a lemon if it meets all of the following lemon law conditions: - The vehicle has a serious defect or abnormal condition. - The defect or condition is covered by a manufacturer's written warranty. - The owner reports the defect or condition to the dealer or manufacturer within the warranty term. - The owner gives the dealer or manufacturer a reasonable number of attempts to repair the defect or condition. - The owner gives the manufacturer (preferably by certified mail) written notice of the defect and at least one opportunity for repair. - The defect or condition persists and substantially impairs the vehicle's use or market value, or creates a serious safety hazard. - The owner files a timely lemon law complaint and pays the filing fee.
If all of these criteria are met, the Lemon Law "presumes" during the first 18 months/18,000 miles (whichever comes first) that the buyer or lessee is entitled to a replacement vehicle or a refund. However, a replacement or refund may not be automatic since the manufacturer is entitled to prove that no problem exists, that a reasonable number of repair attempts have not been made, or that the problem does not substantially impair the vehicle's use, value or safety.
This is predicated upon the consumer's decision to utilize the manufacturer's arbitration program, which they are not required to do unless they decide to pursue the "presumption" rule.
Even if the vehicle does not fit the 18 month/18,000 mile "presumption" criteria, consumers may still be entitled to a buy back if the vehicle has been subject to a reasonable number of repair attempts ANY TIME during the entire New Vehicle Limited Warranty period, which is typically 3 years/36,000 miles, or 4 years/50,000 miles, depending on the manufacturer.
Read more about information on guidelines.
Attorney: There are many types of attorneys who specialize in things such as maritime attorney, tax attorney, to name a few. Make sure that you find the attorney with the right qualifications to represent your legal position.
If you decide to sue, an attorney will almost certainly be necessary. Many states will allow you to collect attorney fees in a lemon law-related lawsuit. Should you find yourself the owner of a defective automobile, you can certainly file a lemon law claim yourself, but many people will find that the process goes more smoothly with the aid of an attorney who is experienced in lemon law cases. If you think your car is a lemon and you might need to file a claim under your state's Lemon Law, you should first check with your state's Website, or contact your state's Attorney General's office.
While you may represent yourself during the arbitration process, you may feel more comfortable hiring an attorney. There are many attorneys who specialize in lemon law cases, and they may be able to expedite the process. The presence of an attorney may also make you feel more comfortable if you have little or no experience with this sort of procedure. If the of the arbitration panel does not rule in your favor, or if your state allows you to opt out of arbitration by choice, you may elect to sue the manufacturer yourself. This is often a last resort, as arbitration is often a simpler and faster alternative to lawsuits involving auto Lemon Law claims.
About the author Michelle magne recommends (http://www.lemonlaw.com) to hep you get rid of lemon vehicle
Lemon Laws - What You Need To Know (by Terry Dunn)
No. Lemon law is not something that you should be aware of when buying lemons.
Car consumers’ rights
Despite its name, Lemon Law actually refers to state laws that govern faulty vehicles. It offers consumers protection against defects in the car and gives them the right to demand for replacement or refund. A lemon, in fact, refers to a vehicle that has defects, diminishing its value, impairing its use and causing problems in safety. The Lemon Law recognizes the right of the consumers to rely on the dependability and safety of the vehicle that they have purchased.
Generally, if a car has been repaired several times for the same defect within the warranty period stated in the lemon law and it has not been fixed, it may be considered as a “lemon.” You should however go to an authorized dealer to have the repairs fixed.
The Lemon Law requires the manufacturer and not the dealer to deal with the problem. Consumers who plan to ask for refunds must report the case to the manufacturer in writing especially if it is written in the warranty materials or user’s manual. Remember also to keep all documentations involving repairs in case they are needed when you file your complaint.
Consumers are also given the right under the Lemon Law to choose a refund instead of a replacement. In addition, you can also get a refund for the expenses that you have incurred for repair, towing services and the use of a rental vehicle while your car is still in the service center.
Differing state laws
States have different provisions in their lemon law. Some states offer protection for both used and brand new vehicles while others only protect brand new car buyers. Lemon state laws also differ in the vehicles that it covers as well as the number of times that the vehicle should be repaired before being considered a “lemon.
California Lemon Law, for instance, stipulates that a vehicle is a “lemon” if it was repaired four times already; has been out of service for 30 days or has been repaired twice for a defect that can cause serious injury or death while the state of Arkansas requires only three repair attempts and one repair attempt if the defect can cause injury or death.
Most states provide a warranty period of 12 to 24 months or 12,000 to 24,000 miles, whichever comes first in their Lemon Law provisions. The defect must occur within this warranty period.
If the defect is serious, involving the steering wheel or the brakes, consumers are granted one attempt to repair. For safety defects that are not as serious, Lemon Law allows for two attempts at repair. For other defects, consumers can have the car repaired three to four times. If the vehicle has been in the repair shop for a total of 30 days within a year with at least one of those days occurring the first 12,000 miles, then it is considered a lemon.
Most Lemon Law allow for an offset in the refund given to the consumer in relation to the car’s mileage at the time of the refund. Still, there are no specific guidelines over this and consumers can negotiate.
Though it is relatively easy to deal with some manufacturers, who would voluntarily buy back your “lemon” car, there are some who refuse to. In case this happens, services of lawyers are needed. Recognizing these situations, some State Lemon Law allows consumers to refund their attorney’s fees.
Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.
Car consumers’ rights
Despite its name, Lemon Law actually refers to state laws that govern faulty vehicles. It offers consumers protection against defects in the car and gives them the right to demand for replacement or refund. A lemon, in fact, refers to a vehicle that has defects, diminishing its value, impairing its use and causing problems in safety. The Lemon Law recognizes the right of the consumers to rely on the dependability and safety of the vehicle that they have purchased.
Generally, if a car has been repaired several times for the same defect within the warranty period stated in the lemon law and it has not been fixed, it may be considered as a “lemon.” You should however go to an authorized dealer to have the repairs fixed.
The Lemon Law requires the manufacturer and not the dealer to deal with the problem. Consumers who plan to ask for refunds must report the case to the manufacturer in writing especially if it is written in the warranty materials or user’s manual. Remember also to keep all documentations involving repairs in case they are needed when you file your complaint.
Consumers are also given the right under the Lemon Law to choose a refund instead of a replacement. In addition, you can also get a refund for the expenses that you have incurred for repair, towing services and the use of a rental vehicle while your car is still in the service center.
Differing state laws
States have different provisions in their lemon law. Some states offer protection for both used and brand new vehicles while others only protect brand new car buyers. Lemon state laws also differ in the vehicles that it covers as well as the number of times that the vehicle should be repaired before being considered a “lemon.
California Lemon Law, for instance, stipulates that a vehicle is a “lemon” if it was repaired four times already; has been out of service for 30 days or has been repaired twice for a defect that can cause serious injury or death while the state of Arkansas requires only three repair attempts and one repair attempt if the defect can cause injury or death.
Most states provide a warranty period of 12 to 24 months or 12,000 to 24,000 miles, whichever comes first in their Lemon Law provisions. The defect must occur within this warranty period.
If the defect is serious, involving the steering wheel or the brakes, consumers are granted one attempt to repair. For safety defects that are not as serious, Lemon Law allows for two attempts at repair. For other defects, consumers can have the car repaired three to four times. If the vehicle has been in the repair shop for a total of 30 days within a year with at least one of those days occurring the first 12,000 miles, then it is considered a lemon.
Most Lemon Law allow for an offset in the refund given to the consumer in relation to the car’s mileage at the time of the refund. Still, there are no specific guidelines over this and consumers can negotiate.
Though it is relatively easy to deal with some manufacturers, who would voluntarily buy back your “lemon” car, there are some who refuse to. In case this happens, services of lawyers are needed. Recognizing these situations, some State Lemon Law allows consumers to refund their attorney’s fees.
Terry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.
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