Lemon Law Basics

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Learn the basics of Lemon Law

Saturday, September 30, 2006

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

Thursday, September 28, 2006

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

Wednesday, September 20, 2006

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

Sunday, September 17, 2006

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