Tuesday, September 28, 2010

The Used Car Lemon Law - What it Means

By Derek Hudson

Lemon laws vary from state to state, but they exist essentially to protect consumers from purchasing vehicles that consistently fail to meet particular quality standards. If you're interested in lemon laws and how they can protect you, keep reading to learn the answers to some frequently asked lemon law questions.


Is There a Federal Lemon Law?


Yes, the blanket federal lemon law is the Magnuson-Moss Warranty Act and it protects U.S. citizens in any state. The federal law covers anything mechanical and includes a clause that requires the manufacturer to pay legal fees if a consumer wins a successful lemon lawsuit.


If I Purchased a Used Vehicle, Am I Protected?


It depends on the age of the car and the mileage. There are three warranty situations that can protect you as a used car purchaser. The first is if there is a leftover manufacturer's warranty left on the car in case you buy the auto with less than 36,000 miles on it (or whatever is listed under that particular vehicle's warranty).


The second is if the used vehicle is deemed as a "certified used car" by the manufacturer and comes with a shorter warranty. And the third is in effect when the original owner or you purchase an extended warranty that protects the car for a longer period.


What if I Don't Have any Warranty, Am I Still Protected?


While you wouldn't be protected under the lemon laws, you can file civil action if you have been the victim of fraud. For example, you can take appropriate legal action if your car was sold to you without full disclosure of prior extensive mechanical problems, if the car was previously wrecked, the odometer was rolled back fraudulently, you were sold a rental or police car, the car was stolen or stripped, or if the vehicle was in a flood and this information was not disclosed to you before the purchase transaction.


Can I Always Get My Money Back?


Proving a lemon law case is difficult. You need an ongoing and documented record of repairs that goes well beyond typical standards. Typically - and this will depend on the state - the same serious safety problem or defect would need to have been fixed multiple times within a particular time period.


How do I Find the Lemon Laws in My State?


Go to your state's government web page and search for lemon laws. Most states will offer extensive online information that tells you exactly how the law works and how you can protect yourself. Alternatively, you can consult a lawyer in your area for counsel.

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Article Source: [http://EzineArticles.com/?The-Used-Car-Lemon-Law---What-it-Means&id=1318561] The Used Car Lemon Law - What it Means

Friday, September 24, 2010

How Do the Lemon Laws in California Work?

by Daniel L Mcqueen

If you have got bought a automobile or intend to shop for simply concerning any automobile, you must be glad to hear that there exists lemon laws in California that defend the rights of shoppers who are duped into shopping for a malfunctioning automotive that has inherent mechanical or structural anomalies that the manufacturer has not been able to handle even when numerous attempts.

Lemon laws in California were lapsed the state legislators underneath the Song-Beverly Shopper Warranty act in order to safeguard the interests of shoppers who purchase problematic vehicles that begin malfunctioning within the warranty period. But, once the warranty lapses the court can no longer order a refund or a replacement.


For folks who are not responsive to the term lemon and its connotations; this is simply a vehicle in which serious defects occur at intervals a brief time of purchase from the manufacturer or dealer. Because the lemon laws in California not solely cope with cars but also alternative sorts of vehicles and also boats, several lawyers within the state concentrate on lemon law cases.

These attorneys guide individuals on their rights as the consumer and the way to assert these rights in the court of law. They explain all the problems concerning lemon laws to the client thus that customers can be higher informed regarding what they will and can't do.


A client ought to approach the court in case of defective vehicle purchases solely when all other legal recourses are exhausted to attempt and acquire the manufacture or dealer to determine reason. While not all folks get a replacement, you'll be positive that moving court is the only approach to make sure that a single person is heard against an organization like an automobile giant. If you have got a string case; there ate terribly sensible chances that you will get a replacement or a full compensation as you need; but most corporations select to settle out of court as a result of they simply cannot afford the ignominy of producing unhealthy vehicles and bad customer service.


Once you approach a law firm or an attorney about the difficulty; they can sometimes be in a position to advise you on whether or not you qualify for a lemon law case. The same old necessities to qualify for such a case include proof of the very fact that the vehicle was indeed purchased from a dealer or manufacturer; that while the warranty was still valid the vehicle started to malfunction and despite all efforts the manufacturer failed to supply a concrete resolution to the matter and rectify the vehicle.

You will conjointly want to own some evidence in your possession showing where you took the vehicle for repair and what you were told to strengthen your case. The court can then verify if your claims give enough grounds to order the manufacture to refund the acquisition amount or to replace the car. If found at fault, the manufacturer can typically have to relinquish a full refund to the consumer.


However, you need to understand that your lemon isn't a blank signed check from the manufacturer, in different words, don't expect to get rich on the compensation, quite merely because the lemon law in California were designed to confirm that the client gets back what he/she has lost and no more. So even if you have a terribly strong case, the compensation can seldom exceed the purchase amount.

You can't expect the court to just accept your claims for an exorbitant amount of cash on the grounds of the emotional distress that the lemon caused you. Thus it's certainly not practical to make any claims that exceed the acquisition amount; doing so will merely destroy the credibility of an otherwise strong case.


However, you'll be able to expect to induce back not solely the acquisition price however conjointly expenditures that you may had to incur so as to shop for the vehicle like the registration charges, finance charges, down payment, incidental expenses, lease or monthly loan payment and even the attorneys fees. A lemon law case is usually wrapped up in three months tops; however, there have been cases when the decision came out early


Daniel L Mcqueen has been writing articles online for nearly 2 years now. Not only does this author specialize in How Do the Lemon Laws in California Work? You can also check out his latest website about FurnitureMoving Pads Which reviews and lists the best Furniture Moving Blankets

Monday, September 20, 2010

Talking With California Lemon Law Attorneys - What You Should Be Asking

By Victor C. Ocampo
Hiring a lawyer is always an expensive undertaking, and the same goes for California Lemon Law attorneys. Most lawyers and law firms will tell you their services are so high because they are working in a specialized field and it takes time to wade through the legal red tape. And, since you don't have a degree, you would probably agree with that explanation. After all, it is their field.

California's lemon law is also known as the Californian Song Beverly Consumer Warranty Act. It was created so that buyers and sellers are offered protection in used automobile sales.
Basically, the Californian lemon law protects car owners from unscrupulous warranty practices of certain car dealers by making sure that any work that has been or is needed to be done on a vehicle is disclosed before it is re-purchased. If a dealer by-passes or tries to hide this type of information, then they are liable and can be reprimanded because of the California lemon law. And thus, the Lemon Law Lawyer is born.

When a car dealer breaks this law, they then have to finds a good California Lemon Law attorney to make sure they don't lose too much money. The California Lemon Law states that the car manufacturer has to reimburse a car owner for the charges they incur when they have to hire a lawyer because they have a lemon. And there are some things you should consider before you hire an attorney.
This is what you think about before you contact a California lemon law attorney and decide to pursue a lawsuit. How do you know a vehicle is a lemon?

A car, truck or S.U.V. would be considered a "lemon" under the California lemon law if it has been sold to a buyer without full disclosure that it has had any mechanical issues or problems. This is very important because a car dealership might be tempted to not repair a vehicle within a given amount of time even though a vehicle warranty is still valid. This violates that law.

An owner can sue a dealership under the law if that dealer does not fix the car or make any types of repairs within a month of the vehicle being in the dealership repair shop. After this happens, it's advisable that the owner gets in touch with a California Lemon Law attorney and start lawsuit proceedings. Remember to document all your trials and tribulations so you have that ready when you speak with a California lemon law attorney.

And if you meet all the prerequisites under the law, then the dealership will have to pay the finance charges for your monthly payment, what you paid for a down payment and they will be fully liable for the complete amount of the loan. You could also get monetary damages for things like stress, repairs, costs associated with a rental and any other applicable charges you had to pay out of pocket. That is why it is so important to keep all of your documents well situated.

If you win your lemon law case, you might have the option of getting a brand new car instead of having to take the cash back option if the car manufacturer offers that as a settlement. If you choose the new car option, then the auto manufacturer is given a little lee-way and it would be acceptable to give you a car that has been test driven before. And as long as you get the transportation you need, what do a few miles matter?
If you find yourself in this situation and you are at wits end, then it is time that you contacted a California Lemon Law attorney and see what can be done for you. If you are not sure who to go with, do an internet search and find one that has a good reputation. The internet is also a great resource if you need more information about whether or not you and your particular situation qualify under the law.

Most car owners are either oblivious to the benefits offered under the California lemon law or are just ignorant of the conditions that qualifies them for claims under the California lemon law statutes, prior to consulting with the California lemon law attorneys, check out at AttorneyLemonLaw.net for information regarding this much miss-understood topic.

Saturday, September 18, 2010

California Lemon Law

By Ray Walker

Although all fifty states now have a lemon law on their books, not all of them are the same. Many differ in the requirements, documentation, and benefits that will be covered by the law. In California, the California Lemon Law is pretty cut and dry.

The California Lemon Law allows the purchaser to have an out if the car they purchased turns out to be a "lemon". First, though, the car has to come with the manufacturer's warranty (it can also be a used car as long as the car still has some of the manufacture's warranty attached to it). The car needs to have substantial amounts of warranty defects with reasonable attempts to fix those said defects. In California, the amount of reasonable attempts equals four attempts (two if it's a safety issue) or more than 30 days of loss of service in an eighteen month period.

Since the law is written so clearly, it shouldn't be too hard to figure out if your car falls under the California Lemon Law. Deciding you have a case, though, is just the first step. Since your vehicle has been in the shop and experiencing ongoing problems for some time, this process will feel as if it is taking forever to complete. In actuality, once you have reached the point where you qualify to pursue the lemon law, the process from that point on should only take about 30 to 45 days. If you choose to, you could even hire an attorney who specializes in this type of action and the process may go a bit more smoothly. This is up to you, though, since California does not require you to obtain one.

Once you realize that you are going to have trouble with your new car, there are steps that you should take to make sure you meet the requirements you will need to pursue the California Lemon Law. Documentation of any and all repairs will be necessary, including invoices, time spent in the shop, and any conversations you have had with personnel regarding your car.

Once you have proven that the California Lemon Law covers your vehicle, you should be able to recoup all your expenses. These include the license fees, registration fees, tax, car rentals, and any monthly payments you have made so far; less a usage fee for the miles you've put on the car.
By Ray Walker
Lemon Law Information [http://www.e-lemonlaws.com]

Monday, September 13, 2010

Unusual Car Laws

By James Witherspoon

There are several nuances in the automotive industry that the average consumer will almost never come across. One of these is an incongruity between local and state laws concerning car specifications and the kinds of cars that are produced each year. While automotive manufacturers put out several models with standard spoilers, flaps, or particular types of lights, state and local laws may actually prohibit these additions. While consumers are rarely ticketed outright for these violations, a law enforcement officer may attach a second ticket onto a preexisting violation, such as speeding or driving recklessly.

One of the most common violations that can spring from manufacturers not adhering to individual state or local laws are spoiler types. While most consumers do not think twice about their vehicle if it has not been modified with after-market parts, the reality is that there are a handful of popular models that technically sport illegal spoilers. For example, citations have been handed out in Maryland for a spoiler on a Subaru model known as the WRX STi. Similar cases have been cited for Mitsubishi EVO models with factory-specified spoilers.

Other problems can arise when manufacturers allow particular sports packages or couple with partners that may usually work in the after-market sector of the automotive industry. In these situations, special additions may be legal in the state where they are sold, but not across the country. This has become especially true in cases involving modification packages that affect fuel economy or emissions. Emission standards and regulations are important for any car enthusiast to remember.

While not symptomatic of all sports car drivers, or even most of them, public perception holds that these drivers will use their faster cars recklessly on the highway. While this is often a false assumption, there are penalties for those who do abuse the power of their vehicles. To learn more about what the legal system can do to protect those injured in automobile accidents, contact a car accident lawyer.

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Article Source: [http://EzineArticles.com/?Unusual-Car-Laws&id=4813828] Unusual Car Laws

Getting the Most Juice in Your California Lemon Law

By Terry Dunn

It is a consumer's right to return a defective product that he has purchased. The US legislative and justice system through the California Lemon Law recognizes this right in auto buyers, who may risk life and limb for one defect in their car.

The California Lemon Law allows new and used car buyers to demand for refund or replacement when the cars that they have purchased have been proven to be defective. Here are some tips that will help you get the most "juice" from your "lemon."

1. Never let the manufacturer or dealer discourage you

The California Lemon Law provides guidelines by which you can determine if your car qualifies. A car is considered a "lemon" under the California Lemon Law if it has been repaired four times and the defect has not been fixed within the period of 18 months or 18,000 miles whichever comes first. Two repair attempts are given to defects that may cause injury or death.

2. Know your rights

Research the guidelines provided by the California Lemon Law and decide for yourself if what you have is a "lemon. Don't let some scrupulous salespersons fool you into not filing a complaint or selling your car to them at a loss. There are a lot of websites in the Internet that could provide you with relevant information on California Lemon Law.

3. Read your manual

Don't let that manual gather dust in one of your drawers. Know everything about your car especially the things that you cannot do with or to it. Take care of your car and follow the manual to the letter. Otherwise the manufacturer could blame the problem on your poor use. Remember that though the California Lemon Law protects your right, you have to prove that the defect has not been caused by you.

4. Don't waste time

Remember that the California Lemon Law provides a deadline for complaints. Don't wait for the last minute to file yours.   

5. Take it to authorized service center

In having your car repaired, make sure that you go only to authorized service centers to ensure that the car is repaired properly. Under the California Lemon Law, buyers should have the defect repaired by the manufacturer through its service centers and at least inform the manufacturer of the need for repair.

6. Keep records

Never fail to ask for proper documentations, even if the center has not seen anything wrong with your car. Those are needed when you file a complaint under the California Lemon Law. So, it is important that your complaints be documented from the onset. Make sure also that when they do give you a receipt or record, the information is complete and accurate.

7. Put it in black and white

Send a letter of complaint. This is one way to legally give notice to your problem under the California Lemon Law. Inform them of the problem and outline the number of repairs that you have done. If possible, send it over through certified mail to make sure that they did receive it.

8. Know your options and seek advice

Most car companies have arbitration program that take care of Lemon Law complaints in California. If arbitration does not work, you can always seek legal counsel. Remember that arbitration decisions are not final and some companies even give a quick refund when a lawyer gets involve.

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.

Article Source: [http://EzineArticles.com/?Getting-the-Most-Juice-in-Your-California-Lemon-Law&id=65080] Getting the Most Juice in Your California Lemon Law

Saturday, September 11, 2010

How to Make a Lemon Law Work For You

By Peter Gitundu

Lemon laws are formulated to help a consumer if they have a serious problem with their new car. A new car is considered a lemon in when it proves to be unsafe and unreliable, even when there has been repair attempts with no success. Georgia lemon law does not cover used cars and you have to follow a legal process when you need to make a claim.

The vehicles that are covered in this state are new and leased cars or registered by the original buyer in Georgia. Other vehicles that are not covered are mopeds, motorcycles, ATVs, trucks weighing over 10,000 pounds, those that are not self propelled and boats. When you have a vehicle you suspect to be a lemon, the first thing you should do is to take it to the repair shop and alert the manufacturer of the problem.

Your entire case should be within the warranty period because it is the only time that a vehicle can be considered a lemon. Once the problem has not been fixed after several attempts in accordance to the Georgia lemon law, the car owner fills out a notice to the manufacturer of final opportunity to repair where the manufacturer is given 7 days to ask the vehicle to be taken to a repair shop where it has 14 days to be fixed. If the vehicle cannot be fixed, the car owner sends a letter which is certified to the manufacturer asking for a refund and he has 30 days to settle the claims.

You can read more on how the refunds and replacements are agreed upon on the internet when you search for Georgia lemon law. If the manufacturer of the lemon does not comply, the lemon owner has 60 days to file his complaint with the office of consumer affairs in Georgia. There are arbitration channels to follow that the state provides and your case is likely to be solved before it reaches the judicial system.

There are many sites that you can print this guidelines for your own personal reference. You will learn that you can appeal your case to the supreme court if you are not satisfied with the ruling and when you win, attorney fees will all be paid plus the lemon compensation.

When you are preparing for the process, the Georgia lemon law will work for you if you have the necessary documents that will strengthen your case. Some of the documents include your warranty, repair orders, your receipts for the payment of the lemon and others. You therefore need to keep everything safely to avoid a compromise that may cost you the case. Georgia lemon law has helped many to claim for their rights and the law has worked very well. Manufacturers are therefore aware of what to expect and they try as much as they can to avoid the selling of lemons and those who do not comply with the standards regulations find themselves in the web of justice. The law will continue to do its work for a long time to come.

Peter Gitundu Creates Interesting And Thought Provoking Content on Lemon Law. For More Information, Read More Of His Articles Here [http://gitundu.com/automotive/lemon-law/]AUTO LEMON LAW If You Enjoyed Reading This Article, Make Sure You <a target="_new" href="http://gitundu.com/">SUBSCRIBE TO MY RSS</A> FEED! To Receive My Most Recent Posts & Updates.

Article Source: [http://EzineArticles.com/?How-to-Make-a-Lemon-Law-Work-For-You&id=1220510] How to Make a Lemon Law Work For You

Thursday, September 9, 2010

Lemon Laws

By Peter Gitundu

Lemon laws are one of the most helpful car laws because they protect consumers from dealers who are out to exploit unsuspecting customers. All the states in America have passed these laws and they have been in use for many years. If you are not familiar with lemons and their laws, you need to take time and search the internet and you are sure to come up with detailed information.

When you buy a new car or a leased car, you expect it to mark the beginning of a new experience that will make your life easier. Just when you begin to have a good feeling about the car, it starts to show signs of being defective. Defects are also referred to as a nonconformity and when the car is a lemon, the quality is contrary to the indication on the manufacturer's express warranty.

Lemon laws differ from state to state and while you are searching, you need to indicate the specific state you wish to learn more about with regard to lemon laws. There are similar characteristics in these laws and some of them are as follows. They all agree on what a lemon is. They all define a lemon as a defective vehicle which has not improved after being repaired severally.

The lemon laws state that the manufacturer needs to be notified immediately the consumer or the lemon car owner notices there is a problem. The laws require that the manufacturer or the lemon car dealer is given a reasonable chance to repair the lemon. This provides an opportunity for them to access the vehicle and find out whether there might have been other sources of the nonconformity.

The laws are usually very comprehensive and clear and other states are constantly finding ways of improving the laws so that they can serve the citizens better. If the manufacturers find that the vehicle they sold to a particular consumer is beyond a reasonable doubt a lemon, the manufacturers do not hesitate but, to refund or give a replacement. Lemon laws are not meant to offer gains or profits. They are specifically tailored to compensate a consumer who would have otherwise been exploited if the laws did not exist. When the laws did not exist, people used to settle the car disputes in a very informal way which could sometimes mean violence but with the introduction of these laws, such incidents are no longer necessary.

Under these laws, you will find the provision of informal ways of dispute settlements called arbitration programs. They are either government sponsored or they are sponsored by the manufacturers. They involve the presence of mediators or arbitrators who are well informed on the laws of the specific states. They listen to every side then come up with a ruling that is most suitable. The laws provide for further legal action where a civil law suit can be filled by a lemon car owner who is not satisfied with the outcome of the programs. The programs are not compulsory and this means that you do not have to consider using them. There is no doubt that these laws make life better.

Peter Gitundu Creates Interesting And Thought Provoking Content on Lemon Law. For More Information, Read More Of His Articles Here [http://gitundu.com/automotive/lemon-law/]AUTO LEMON LAW If You Enjoyed Reading This Article, Make Sure You <a target="_new" href="http://gitundu.com/">SUBSCRIBE TO MY RSS</A> FEED! To Receive My Most Recent Posts & Updates.

Article Source: [http://EzineArticles.com/?Lemon-Laws&id=1263189] Lemon Laws
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