Lemon Law – Don't be a Victim

Lemon Law - Don't be a Victim

In a lifetime the purchase of a vehicle is probably the second most biggest purchase a regular consumer will make, and thus the lemon laws have been designed with the aim to prevent any wrong doings or faults occurring after a sale from a trusted manufacturer or dealership. Lemon laws differ from state to state across America, although the very basics of the law are standard throughout the United States.

The lemon law allows consumers a standard definition of what considers a vehicle to be classed as a lemon. The law also states that the manufacturer is to be held responsible for problems and additionally continues to define how matters should be handled when a lemon is in involved. The lemon laws set up a warranty period that is usually between a 12 and 24 month period. As well as this it also specifies how many attempts must be made to correct the defect before a refund or replacement is ordered. Generally serious defects that would affect the safety and security of passengers whilst in the vehicle are only granted one attempt to the dangerous error. Defects of a substantially lesser value are allowed three attempts. When a refund has been issued there are dedications for use of the vehicle, usually correlating with the number of miles on the vehicle. Not every vehicles situation qualifies under the lemon law, so checking one local state regulation is important in determining whether or not one can instruct the use of the law.

Once a consumer is aware of their situation within the lemon law, there are several steps that should be instructed. Repairs have an important legal part of the lemon law, as previously mentioned, and here are a certain number of attempts allowed to try to repair the defect. It is essentially very important that the consumer keeps good repair records to prove the attempts have been made. The manufacturer must always been in the picture and informed of any repairs that have been carried out or attempted to be carried out. It should be then that you are set up to receive a refund or replacement. High stats show that the manufacturer will quite often disagree with you, and thus the consumer may have to go to court to resolve the matter.
by: Paul Callis

Lemon Law

How to Work with Florida's Lemon Law

If you haven't read the article on "Coverage Under Florida's Lemon
Law," you're strongly encouraged to read that first so that you're
clear on what vehicles, under what circumstances are and aren't
covered by the Florida Lemon Laws. This article is about the
procedures which are necessary when you decide to pursue your rights
under the Florida Lemon Laws.

Your first concern is how long has it been since you bought the
vehicle. A Lemon Law action can be brought during what is generally
called the "Lemon Law Rights Period." This period is the eighteen
(18) months beginning on the original delivery date or the first
twenty-four thousand (24,000) miles. The period ends with whichever
occurs first.

The process required often seems to be both long and complicated.
While it can be discouraging at first, if you are willing to be
patient, stay with it and be sure to follow the procedures carefully,
you can succeed. Don't give up and don't let anything discourage you
from trying.

What follows is an outline of the process, the basic requirements
and the steps involved:

First, within the Lemon Law Rights Period, there must have been
either (a) a minimum of three attempts by the manufacturer or its
agent to repair the vehicle for the same defect (b) the vehicle must
have been unusable for reason of attempted repair by the manufacturer
(or its agent) for one or more defects for a total of thirty days or
more. This does not include any periods for maintenance dictated by
the owner's manual.

Second, when vehicle reaches a cumulative total of fifteen or more
days being out of service for repair by the manufacturer or its agent
for one or more defects, the owner is required to give written notice
of the need for repair, by registered or express mail, to the
manufacturer. Then the manufacturer has one last chance to fix the
defect.

Third, if this final attempt at repair fails, then manufacturer must
either replace or repurchase the motor vehicle within forty days.
However, it isn't automatic. You must continue to follow the proper
procedures to enforce your rights by following these steps:

If the manufacturer has a dispute-settlement procedure then you need
to apply under that procedure. Not every manufacturer does, so be
sure to check with the manufacturer.
If you're not pleased with the decision of the manufacturer's
dispute-settlement procedure, you can then apply to be heard by the
State of Florida's New Motor Vehicle Arbitration Board.
If Florida's New Motor Vehicle Arbitration Board declines to hear
the case OR it hears the case but makes a ruling against you, you can
now file the case in Circuit Court. If you are appealing from a
ruling against you by the Board, you need to do it within 30 (thirty)
days of that ruling.


In the most general terms, the covered vehicle must have been
subject to repair for the same defect (which impairs the value,
safety or usability of the vehicle) for at least thirty (30) days.
This must occur during the Lemon Law Rights Period. You must also be
acting in good faith and must follow the law in providing proper
notice to the manufacturer. Finally, you will need to submit to
arbitration.

The Office of the Attorney General has published more complete
information in "Preserving Your Rights Under The Lemon Law." You can
obtain this publication through the Division of Consumer Services at:
(800)321-5366 or by writing to:

Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050

by: E.B Randall

Lemon Law

Lemon Law Myths and Misconceptions

Buying an automobile, truck, or sport utility vehicle is often a
daunting, stressful and expensive process. People pay more money for
their cars than for just about anything other than their homes. And
once the vehicle has been purchased, one hopes that it will run just
fine for the foreseeable future.

But sometimes things go wrong. For those situations, every state has
passed a lemon law, a statute that exists to backup the
manufacturer's written warranty that comes with the vehicle. But most
people don't know anything about lemon laws and rarely give them a
thought until something goes wrong. And once people start to given
lemon laws some thought, they often realize that what they thought
they knew about them is wrong.

Here are a few things about lemon laws that are often misunderstood:


Used cars are covered under state lemon laws. Generally, this is not
true. Most states' lemon laws cover the original owner of a new car
only. If you are the second owner of a car, even if it is still under
warranty, you may find that your state's lemon law doesn't protect
you. There are a few states that cover the car during the duration of
the warranty regardless of the number of owners and a few that even
have special lemon law for used cars. If in doubt, check with your
state's Attorney General's office.


If you buy a new car, you may return it for a refund within three
days of purchase. Again, generally not true. It may be true if you
buy a toaster, but for large purchases such as a car, once you buy
it, you own it. For that reason, make sure that you test drive any
new vehicle that you are thinking about buying. And not just one like
it - drive the exact car you intend to buy. If you are buying a used
car, have an independent mechanic check it out before you buy to make
sure that it is in good order.


The dealer must inform you if the vehicle has been in an accident.
Most states do not require this. Furthermore, it's not always
possible for a dealer to even know if a vehicle has previously been
in an accident. Dealers are, however, generally required to disclose
information about any known damage to the vehicle. Don't expect the
dealer to be forthcoming with information that he or she may not
necessarily want you to know. Be proactive and ask a lot of
questions. And again, if it's a used car, be sure to have an
independent mechanic look it over before you buy.

Lemon laws are there to protect consumers from defects in
workmanship and to make sure that the dealer and/or manufacturer will
repair any problems that arise during the warranty period. But a
lemon law is no substitute for diligence or research on the part of
the buyer. Know what you are getting into before you buy a car, truck
or SUV.

Copyright 2006 by Retro Marketing. Charles Essmeier is the owner of
Retro Marketing

Lemon Law

Wisconsin Lemon Law

Lemon law in Wisconsin applies both to purchased and leased vehicles. In the event that the car you purchased turns out to be a lemon as defined by Wisconsin lemon law, the manufacturer is obliged to either replace the vehicle free of charge or provide you with a full refund (minus the amortization allowance for accrued mileage).

It should be noted that lemon laws in the United States differ from state to state and therefore the specific provisions of the Wisconsin lemon law may not be entirely applicable to the lemon law in Ohio, Texas or Missouri. Therefore, while this article deals primarily with lemon law in Wisconsin, it should be understood that you should consult with the specific provisions lemon law in your own state before seeking compensation.

Wisconsin lemon law defines a vehicle as a “lemon” if the defect in the car has prevented you from using the vehicle for at least 30 days (not necessarily consecutive). Alternatively, a vehicle is also defined as a “lemon” if the malfunction cannot be fixed after four attempts by the dealer. In order to be eligible for seeking restitution under Wisconsin lemon law, your case must meet the following criteria:


The vehicle must purchased or leased in Wisconsin
The vehicle must be a motorcycle, motor home, car or truck
The vehicle began exhibiting signs of malfunction within the first year after purchase
The vehicle began exhibiting signs of malfunction before the warranty expired
The vehicle’s defects seriously impair the vehicle’s use, safety or value
Within the first year and before the warranty expired, the dealer either failed to repair the defect after making four attempts, or the vehicle was out of order for at least 30 days (not necessarily consecutive) due to these defects

Wisconsin lemon law differentiates between minor and major malfunctions – in order to be eligible for compensation under the local lemon law, your vehicle must have a serious malfunction that is also covered by the warranty. On the bright side, Wisconsin lemon law does not set a specific deadline within which your claim must be filed – instead, it is up to the court to decide whether your case is too old to be accepted or not.

If you feel that you may have a lemon on your hands and would like to pursue your case in accordance with Wisconsin lemon law, consulting with an attorney is probably the best thing you can do if contacting the manufacturer directly fails. To ensure that you have sufficient evidence to substantiate your legal claim, make sure that you always keep receipts of repair orders, even if no actual repairs have been made.

George Chernikov belives that the Internet is the future of commerce as well as information. One of his websites provides additional information about lemon law and can be found at http://wisconsin-lemon-law.info.

Lemon Law

Understanding the Lemon Law

Are you a victim of a lemon law violator? If so, you have many rightsthat can protect you. Lemon laws were established to help protect theconsumer against the purchase of a bad product. For an example, let'suse cars. If you purchase a car from a dealership or a private ownerand are told that the car is in good working order, they have tostand by this. If you pull it out of the drive way of that dealershiponly to have it break down on the way home, chances are that the carwas not in good shape to begin with.

Dealerships and anyone else selling used cars need to ensure to youthat the car is in the condition they are selling it to you. Theycan't tell you it's brand new if it really has been around for years.In order to protect consumers from not too honest dealers, lemon lawswere created. But, each state has their specific set standards forlemon laws. You can find out what your state's lemon laws are andfind out how they affect you whether you are buying or selling a car.

If you feel you have been a victim of lemon law violations, you haverights. The first thing that you need to accomplish is finding aqualified lemon law attorney. This is important because if you takeon the dealership (as in our example) on your own, chances are goodthat you may miss something, make a mistake to cost you the case, orjust not present yourself in a positive manner. Investing in a lemonlaw attorney can help to ensure that your purchase and case are takencare of in the best possible way.

Lemon laws are there to help you. In order to do so, though, youneed to know how they work in your state and in your situation. Tofind out what your state's lemon laws are, simply look on the state'swebsite or call a qualified lemon law attorney.

Lemon Law