State Lemon Laws

By Stuart Simpson

If you are fortunate, you can purchase a brand new car. If your fortune takes a turn after you purchase the car and problems arise with the car, what can you do? Are you covered under the state lemon law? Can you just return the car? Will the dealer talk to you? What requirements must my car fit in to be called a "lemon"?

Do you have a lemon? You may not like something about the car, but that doesn't qualify it as a lemon. Now, if the brakes don't work or the car won't go into gear or it won't run over 30 mph, then you might have a lemon. But, you must give the manufacturer an opportunity to fix the problem. In most states, 10 different defects during the warranty period do not constitute that the car is a lemon. In some states, a single defect that might cause serious injury makes your car a lemon if the manufacturer cannot fix the problem within 1 attempt. First rule: Keep up with all of your receipts and repair history.

State laws vary, but a rule of thumb is if the car problem can't be fixed with 4 tries or the car has been out of commission for more than 30 days during the first year or 12,000 miles.

Before you buy the car, you should have checked out the car's repair history. Did you check the VIN number on some popular websites to see if the car was in an accident?

The manufacturer doesn't have to replace or refund the car if the defects do not impair the use and value of the car or the condition of the car was due to customer's abuse, neglect, or unauthorized alterations. Be careful, as you can get yourself into a pickle.

A lawyer that is familiar with state lemon laws can help you determine a variety of problems like whether the car was damaged at the time of delivery. Was there fraud or deception in your financing paperwork? Were repairs attempted beforehand to cover up defects? Lawyers go through an extreme investigation on your vehicle to make sure how these items affected your value, safety, or use.

The lawyer will submit a detailed account to the manufacturer, usually after hiring an ASE certified mechanic to go over the car. Did you know that the auto repair shops use several work orders? They have one for you to look at, but they also have one for the technician. If the problems are too hard to fix, they may be told not to fix the car. Your lawyer will drag all of this out in front of the manufacturer or judge, if necessary.

In summary, you understand now that if your paint is peeling, then you don't have a lemon. If your brakes aren't working and the dealer can't fix them, then you may have a lemon.

Stuart Simpson [http://www.state-lemon-law.info]

Article Source: EzineArticles.com

Used Car Lemon Law

By Peter Gitundu

Used car lemon law has been in operational for many years and it has helped many residents get the fair car deals that match their money. First, you must know whether the lemon law qualifies your car to be a possible lemon. A lemon is known when it experiences defects that render it useless when it comes to serving you properly.

The vehicle will develop a problem within a very short time after you purchase or lease it. The CA lemon law covers a number of motor vehicles and they include trucks and motorcycles. Used cars with the right warranty specifications may also qualify for the cover. The law allows the car manufacturers to be allowed a reasonable amount of time to repair the car but, it does not clearly define what reasonable is.

Therefore, the major thing is to prove that the motor vehicle is indeed a lemon and if it has not served you for 30 straight days and the problem being fixed is not going away, then you have a lemon on your hands. You are required then to contact the manufacturer in writing, stating your problems with vehicle and giving them a chance to repair the lemon. If they agree to repair, you should keep note of every activity and keep copies of every document and correspondence.

If the lemon does not respond to all the repair attempts, then it is time to ask for a refund or a replacement. Most lemon owners prefer refunds because they want to avoid the manufacturers products. If they respond positively, then your case will have been very easy under the CA lemon law.

However, manufacturers are not as cooperative and you might have to go to greater lengths to secure yourself justice. This means that the next step is the arbitration step where you can go for the manufacturers program. However, this program is not a must and it is your choice. The lemon owner and the car dealer with the help of a neutral mediator, sit down to find a solution that can be fair for everyone.

These mediation have helped a lot and many cases have used this informal way of settlement under the CA lemon law to come to an understanding. There are other government sponsored arbitration programs which require you to appear before an administrative judge for you to prove your case. You usually do not require a lawyer and many cases have been resolved like this in California.

You therefore need to undertake some research if you want to know more about the lemon law in California. If your case has not yet found a solution, you can file a legal suit and proceed with taking the car manufacturer to court. Here, you will need the help of a good lemon law lawyer so that you can win the case. You need to have kept all the vital documents and they include repair orders, warranty statements, car payment receipts and all the correspondents to the car manufacturer. There is no doubt that when you present your case in the most convincing and honest way the lemon law in California will definitely favor you.

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Article Source: [http://EzineArticles.com/?Used-Car-Lemon-Law&id=1251422] Used Car Lemon Law