You Have More Chances To Win When Your Lemon law Attorney Claims The Compensation

Lemon law is a state law of the United States, whereby the Government protects the right of the consumers who are deceived with a defective piece of automobile that is still under its warranty period. Lemon law differs from one state to another and like all other legal matters; there are people with specialization in this field who are called Lemon law attorneys. A lemon law attorney will fight your case against the automobile manufacturer / dealer and will help you to receive proper compensation.

The role of the lemon law attorney

Every defective piece of automobile may not come under lemon law and hence before filing any kind of case, it is wise to ascertain with the help of your lemon law attorney, whether your vehicle can be regarded as a "lemon" or not. In spite of varying versions of lemon laws in varied states, it is possible to form a general definition. A vehicle with a severe manufacturing defect (such as to affect its performance, value or safety) that has required repairing on more than four occasions or any vehicle that is not in working condition for 30 days or more within the first year of purchase, can be termed as a "lemon" and is covered by the lemon law.

If you own such a vehicle, you are eligible to file a lawsuit against your car manufacturer. Initially, the manufacturer may try to pull the stunt by saying that in your purchase / lease contract you have wavered the rights by agreeing on a certain clause or may try to persuade you for mediation or even may deny any liability. After receiving the notice of denial of your lemon law claims, let your attorney handle the case.

Your lemon law attorney will then write a letter to the car manufacturer and on receiving the reply (mostly a denial) he will file the summons and lodge a lawsuit. A competent lawyer with lemon law background and experience will help you to obtain a replacement or a refund for the disputed vehicle. Moreover, he will make the manufacturer pay the cost incurred by you on repair and legal fees, too.

How to find a competent lemon law attorney?

Though any attorney can fight a lemon lawsuit, it's wise to go for a specialized one, with say, 20 years of experience in this field. The prior experience of handling the trials or hearing the similar cases enable the lemon law attorney to know the law thoroughly and to understand the concealed motives of the car company. You can find the reference of such lemon law attorneys in the Attorney Directory from the Resources for Attorneys, who also maintain a website. Moreover, you can find a lawyer from the recommendation of a relative / friend or can contact the bar association for a lawyer referral service. Generally, the attorney should not charge for an initial consultation but you are required to keep your chequebook ready for the following phase.

Therefore before taking a legal action regarding a defective automobile do not forget to consult a lemon law attorney.

by: Kevin Bishop

Lemon Laws and Extended Warranties - What You Should Know

Lemon laws are regulations enforced by various states that protect customers
from defective vehicles. Different states have different rules when it comes to
lemon laws, but most of them share some common aspects.


For example, lemon laws require that the problem with the vehicle be taken
care of by the manufacturer, not the car dealership. There are certain
characteristics a vehicle must meet to be qualified as a lemon. If a car is
worked on repeatedly for the same issue and the issue keeps reoccuring, then the
car will most likely be designated a lemon. If you purchase a lemon, you are
often entitled to some sort of compensation that deals with how much you paid
for the vehicle and how many miles are on it. As stated before, different states
have different lemon laws.


Some states cover used cars under their lemon laws, while some only cover new
vehicles. There are many websites where you can find out your state's particular
policy regarding lemon vehicles. Simply go to the search engine of your choice
and type in your state's name followed by 'lemon law.' You will then be
presented with multiple websites that can educate you on your particular state's
policies regarding lemon laws.


So...even if your state has a lemon law, do you need an extended warranty?
The answer is a definite yes. Cars that are not qualified as lemons can suffer
wear, tear, and component failure. If your state does have a lemon law, it's
still quite prudent to purchase an extended warranty. Problems with a vehicle do
not necessarily qualify it as a lemon, and that's a crucial fact you need to
understand when considering purchasing a warranty. If you fail to purchase an
extended warranty and end up needing repair, it's unlikely that your state's
lemon laws will cover you, unless of course the vehicle has experienced the same
problem multiple times with no record of satisfactory repair after numerous
attempts.


There are many types of extended auto warranties available. You can purchase
one from the dealership where you got your vehicle, or go to the source and deal
directly with a company that specializes in extended auto warranties.


What your warranty will cover depends on what kind of policy you choose.
Ideally, you will want a policy that covers parts and labor, as well as wear,
tear and breakdown. Some plans will require you to pay a deductible, others
won't.


Be sure to do your research and choose a warranty provider and plan that
suits your needs and your budget. By being educated, you can save yourself a lot
of trouble and avoid being duped into getting a policy that you do not want.
Before shopping for a policy, be clear on what you need, and don't let slick
salespeople convince you otherwise.

by: Jackie Jones

Are Lemon Law Lawyers Really Worth The Money?

Lemon law had been created to protect the consumer from faulty vehicles. But in order to ensure complete understanding of the law and filing a suit one needs to consult lemon law lawyers. It is not easy to sue the manufacturers with proper help. Consumers who find themselves stuck with lemons can find redress through lemon laws. Each state has its own version of these laws and requires consumers to take certain actions in order to remedy the situation.

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.

by: Earl Powers

Lemon Law Case Assistance-How to Fight and Win

Some consumers make the assumption that handling their Lemon Law claim themselves saves them money. Before you decide to "go it alone", here are three things that are important to know.


1. Lemon Law Claims are complicated and you will waste much of your time and create unnecessary headaches for yourself.


Trying to research your rights and write threatening letters will usually cause you more frustration than it's worth. Further, if you fail on your own, you will have wasted precious time. Or worse, what if you accept an offer and sign a release which you will regret later (including losing your Legal rights).


2. Consumers have virtually no negotiating power with the manufacturer. They can't cause the economic pain and publicity that a lawsuit can for the Manufacturer.


Knowing the state and federal Lemon Laws does not mean that you will be treated with respect. The car companies still play games, much like insurance companies. If you represent yourself, the manufacturer will likely drag out the case in hopes that you will either go away or take little or nothing to settle.


When you hire an experienced attorney, there are no games. Cases get resolved quickly and the compensation you receive is fair.


3. Consumers get less money!


For the above reasons, attorney negotiated settlements are normally substantially higher than one's negotiated by consumer's alone. Chances are your recovery will be worth substantially less if you represent yourself (and you will have done all the work). Some consumers have been known to accept a month's payment, when they are really entitled to all their money back! If you select a law office that has substantial Lemon Law experience, the manufacturer will already know your Law Firm and what the expected compensation will need to be to settle the claim.


by Scott Hallman

The Letter of the Law

Laws are passed for three reasons:


1. The Law serves the public need, like the criminal laws against fraud. 2. The Law serves special interest needs, like the billions of dollars of "pork-barrel spending attached to most legislation passed by Congress. 3. The Law serves the needs of Government, like the Tax Code or laws denying accused Terrorists of rights under our Constitution.


The weakness in the legal system is that the written Law (The Letter of the Law) never completely reflects the intent of the Law (The Spirit of the Law). For instance, a car dealer can sell you a lemon, but is very unlikely to be charged under the criminal code for the act. And, so more laws are passed to close the loophole that only create more loopholes. In the end, the legal system of any country is only as good as the people are willing to comply with both the Letter and Spirit of the Law.


As the trend in the States has been toward the passage of more and more laws that service special interest or government interest issues, the willingness of the people to comply with the Law has been in decline.


The British Legal System of which America is an heir had a solution to this problem. It was in the practice of not only applying the Law, but the rulings on the Law that had occurred in the Land before the current case was held. These Rulings, done by juries included the right for the jury to decide the Law was wrong. Americans lost this right to review the merits of the Law in 1899, when the U.S. Supreme Court held that a judge was not required to tell the jury of their right to reject the Law under which the accused was being tried. The legal system defends this lose of the right of the people to evaluate the merits of any Law on the grounds that it would lead to a chaotic legal system. The fact is that the legal system didnt collapse in Britain after the signing of the Magna Carta in 1215. It is undergoing failure since the 1899 Supreme Court decision.


The core legal problem for Americans is that they are losing their rights. The gap between the Bill of Rights and the rights of the accused is widening. The Press has lost its right to protect confidential sources. This means that fewer people informed of what the Government is actually doing will talk to reporters. The Court recently ruled that the U.S. President is not a King and does not have a divine right to undertake searches without warrants. The list of fading civil rights grows as does the passage of Laws that dont serve the public interest.


The defense against this trend toward living in 1984 is simply to comply with the Letter of the Law while doing whatever you may believe to be in your best interest. Its a matter of having a global vision and moving some of your assets beyond the reach of Washington.


Anyone can become an Enemy of the State. After WWII, the enemies of America according to our Government were Communists. This policy created the McCarthy Hearings, blacklisting socialists, etc. However, what damage did the Communist "Fifth Column" actually do to America? With the decline of the U.S.S.R, the Government temporarily opted to have the far right (Ruby Ridge), the far left (SLA), organized crime and drug cartels as the Enemy of the State. Since 9/11, the Enemy of the State has been Fundamental Islamic Extremists. These 20,000 or so aspiring suicide bombers are lead by a fanatic living in a cave somewhere in the mountains of Pakistan. Do they hate America? Yes. However, its the Government in Washington that is working hard to bring down America. The laws, rules and regulations that we have passed are destroying our economy. In one month, Washington does more damage to the America people than Osama has done in five years. We come back to the issue that the Laws are pass are often not in the best public interest.


The individual Americans defense against insanity is to comply with the Letter of Laws that dont make sense and then do whatever you feel serves your best interests. The publics defense against a legal system going in the wrong direction is to vote the politicians out and put in some honest folks with common sense. Since I dont see the public requiring intelligent, honest politicians, your only defense is to company with the letter of the Law and Globalize to Survive.

by: William Cate

Top 4 Lemon Law Myths - Don’t Fall For These Traps

MYTH #1: You are not entitled to anything if your vehicle has been fixed.


In many states, if you meet one of the triggers in the State or Federal Lemon Law that deem your car a Lemon, you are legally entitled to get rid of your Lemon or get cash, even if the manufacturer later fixes your vehicle. After all, why should you have to drive around in a potentially unsafe vehicle in order to be protected by the Law? If they cannot fix your vehicle in a reasonable amount of time, your rights are triggered and there is nothing the manufacturer can do to take those away from you, including fixing the car months later.


MYTH #2: You have no case because you have traded in your vehicle


You can recover thousands of dollars of cash even if you have traded in your vehicle! Most State and Federal Laws clearly provide for cash back even after you have traded in your vehicle. Have you ever thought about all the money you paid for a car that did not live up to the standards that were advertised by the manufacturer? Or were you forced to roll "negative equity" from the Lemon that you traded in into the purchase price of your new car, thus increasing the cost of your new car? The Law recognizes this as being unfair. Due to the problems you had with your automobile, you simply did not get what you paid for it. You got something less than what you bargained for. That is the basis of your damages and these can be recovered even if you no longer have possession of your vehicle!


MYTH #3: Your car does not qualify for Lemon Law relief


In many States, there are no easy black and white “qualifications” for you to recover thousands of dollars or for you to get rid of your vehicle. This is definitely true of the Federal Lemon Law. If someone who is not looking out for your best interests, such as the dealer, told you this - be careful! Naturally, they have the car company's best interests at heart. This is the last person you should listen to. In fact, it has been rumored that the Manufacturers actually train dealer personnel to minimize the chances of a Lemon Law suits being filed by various methods. Also, many times the dealer employees have never even read the Law, nor are they licensed attorneys. More importantly, there is more than one Lemon Law and other consumer protection Laws that can be used to help you recover money, in addition to the State Lemon Law.


MYTH # 4: You must file your Lemon Law claim within a very short period of time, such as 1 or 2 years or 12,000 to 18,000 miles.


This is commonly misunderstood by people who are not trained in the Law, i.e. non-lawyers who in trying to be helpful, often do more harm than good. You usually have up to 4 years from the date your warranty was breached (i.e. after multiple repair attempts) to file a claim under a State or a Federal Lemon Law. You may have even longer in certain States and under other consumer protection Laws.


To make sure you don't fall victim to any misinformation, here's how to get the facts fast:


Use this Lemon Law Lawyer finder, to find an experienced Lemon Law attorney that knows the Laws and the "tricks" dealers and manufacturers often use on inexperienced vehicle owners.


Scott Hallman
The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanlemonlawcenter.com

Lemon Laws Protect The Consumer

Lemon laws are United States Laws designed to protect the rights
of consumers. They are usually used for vehicles but apply to all
commercial articles. In this article we will concentrate on Lemon
Laws as applicable to vehicles. A lemon is a term used to describe a
new vehicle that needs excessive repair even though it is new. It has
to meet the following criteria:

Age. Usually for vehicles less than a year old.

Warranty. Usually within the warranty period. In some states the
warranty period is not recognized and the cases may be entertained
even if the vehicle is out of warranty period depending upon the
discretion of the court. The rights of consumers by virtue of Lemon
laws may exceed the warranties given by the manufacturer.

Repairs. The vehicle needs frequent identical repair, usually at
least 4 times. The repairs should be major repairs that affect the
operation, safety and value of the vehicle.

Down Time of the Vehicle. If the vehicle is down for more than 30
days in a year due to defect then it comes under the ambit of lemon
laws. The 30 days need not be consecutive days.

The lemon laws cover only new vehicles and not used vehicles. The
vehicle owners should note few points that help in proving the case
in court.

Repair Order. A repair order should be obtained for every repair
visit. The repair order should detail date, problem or diagnosis and
attempted repair on the vehicle.

Purchase documents. Purchase documents like contracts,
warranties, bills etc should be preserved.

Lemon Law Notice. A lemon law notice should be served to the
manufacturer for a refund or a replacement vehicle. The manufacturer
should respond within 30 days. For normal wear and tear in the lemon
vehicle there should be no deduction from the manufacturer.

Manufacturers Arbitration Program. Some states make it mandatory
to use the manufacturers arbitration program if available before
suing them in court.

Attorney. Utilize the services of an attorney as they are aware
of the details of the laws. Many lawyers work on contingency basis,
which means that you pay the lawyer if you win the case. Usually the
courts award double the cost of the vehicle plus the cost of
litigation if you win. Most such litigations are settled outside the
court, so it is wise to hire a competent lawyer who can negotiate to
your benefit.

As with most laws, Lemon laws vary from state to state, however
the principle remains the same, which is protection of the consumers
interest.

Keith George always writes about valuable news reviews. A
related resource is "http://lemon-laws-inflorida.info/"