Archive for the ‘Lemon Law’ Category

Finding the Right Lawyer to Represent You in a Lemon Law Suit

Wednesday, September 8th, 2010

When most people think of Lemon Law, what comes to mind is usually basic information that’s not particularly interesting or beneficial. But there’s a lot more to Lemon Law than just the basics.

The lemon law is designed to protect people who purchased defective vehicles from manufacturers or dealers. If repeated attempts to repair the problem do not produce any positive results, you can have this settled through arbitration or through the courts.

A lot of people seek the help of the courts because they are not happy with the decision given by the arbiter. If you are not a lawyer, it is best to get one because he or she is the only one that can help you.

So how do you find a lawyer? You can get help from the office of the attorney general in your state that will be able to refer someone. You can also go online and then select the state to find a lemon lawyer that is near where you live. It wouldn’t hurt to ask friends or family who may have hired someone in the past that experienced this problem.

When you are looking for an attorney, ask them some important questions and see how they are able to respond to it.

If the lawyer has years of experience under their belt, you should ask if they will be able to handle your case. This will also make it easy for you to ask the names of at least 2 previous clients.

While you are explaining your problem, pay attention to their behavior and ask yourself if you will be comfortable working with this person.

It’s really a good idea to probe a little deeper into the subject of Lemon Law. What you learn may give you the confidence you need to venture into new areas.

You should also know how much they will charge for their services. Consultation is usually free since you are simply interviewing them. But once you hire them, you will have to pay the legal fees which may be reimbursable if the judge rules in your favor and instructs the manufacturer to also pay for that.

One thing people forget to consider when looking for a lawyer is how fast will they be able to get in touch should you want to speak to them. Naturally, counsel is supposed to update you from time to time like when is the court date.

One thing you should have with you before walking into a lawyer’s office are the documents that will be used in the case. These include the repair orders and the maintenance reports because this is needed when counsel is presenting the argument to the judge. If something is missing, request it from the manufacturer or dealer since they are the ones who tried to repair your vehicle.

If everything is in order, the lawyer will then process the paper work. This is basically drafting a civil suit against the manufacturer. Once a trial date is set, you and the opposing partner should be present. Once the judge has listened to all parties, a decision will be made. If the judge makes a ruling in your favor, you can get a refund or a replacement vehicle. If things go the other way, don’t feel bad because you can still appeal the court’s decision.

There are times that the lawyer you like may not be able to take your case because of their workload. When this happens, ask if they can refer you to someone else.

The lemon law cannot be interpreted by someone who does not have a legal background which is why you need a lawyer to help you out.

There’s no doubt that the topic of Lemon Law can be fascinating. If you still have unanswered questions about Lemon Law, you may find what you’re looking for in the next article.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

The Lemon Law in New Jersey

Tuesday, September 7th, 2010

When you’re learning about something new, it’s easy to feel overwhelmed by the sheer amount of relevant information available. This informative article should help you focus on the central points.

The New Jersey lemon law protects the consumer because it is designed to assist customers who have purchased a vehicle and experience repeated problems during the first two years or 18,000 miles whichever comes first. Its intent is simply to let the manufacturer correct these defects or find a way to appease the customer.

Vehicles that are covered under the New Jersey lemon law have to be purchased, leased or registered with the state.

Your car is only considered to be a lemon if it is one or more defects and this continue to exist after three attempts to fix it or if it has been out of service for a total of 20 cumulative calendar days. The problem should substantially impair the use, value or safety of the vehicle. What are not covered under this law are defects caused by abuse, accidents, neglect, modification or vandalism.

For you to take advantage of this law, you must write a letter to the manufacturer giving them notification of one last chance to repair the defect.

If nothing happens, then you have three choices. First, ask for a hearing through the Division of Consumer Affair’s Automotive Dispute Resolution Program. You can also send your complaint to the manufacturer many of whom have an informal dispute settlement program. The last is to file a civil action in court.

For a hearing to occur, you have to fill up the application form, present certain documents and pay the application fee of $50. If you win here, the fee will be returned to you as part of the amount to be awarded. The hearing is usually be set in the next 20 days. Once the case is heard, a decision will be issued within another 20 day period.

If you don’t have accurate details regarding Lemon Law, then you might make a bad choice on the subject. Don’t let that happen: keep reading.

Not that many people resolve the matter with the manufacturer because any findings here can be used against you during a hearing or in court which is why many go straight to court. For this to work, you have to hire a lawyer.

If you win, the manufacturer must repay you for the costs including attorney fees and expert witness fees. But things don’t end there because the manufacturer may file an appeal in the Appellate Division of the Superior Court to challenge the decision of the lower court. You can also do the same if the decision did not go in your favor.

Should they decide to do this, the manufacturer must first pay a bond equal to the amount awarded to you by the final decision plus an extra $2,500 to cover your attorney’s fees. This bond is payable to you and the amount will only be turned over if you win the appeal.

A favorable outcome from the lemon law in New Jersey may mean a refund or a replacement.

A refund includes the full purchase of the vehicle minus any reasonable allowance for vehicles use. This is equivalent to the purchase price multiplied by the mileage at the time the vehicle was first brought to the dealer or manufacturer for repair divided by 100,000 miles.

A replacement is usually of similar model and make which you may reject if you want to receive instead a full refund.

Nobody expects to buy a brand new car and encounter any problems. But since this happens, it is your right to get your money back or get a replacement which is stipulated under the New Jersey lemon law.

Sometimes it’s tough to sort out all the details related to this subject, but I’m positive you’ll have no trouble making sense of the information presented above.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

Lemon Law in Wisconsin

Monday, September 6th, 2010

If you have even a passing interest in the topic of Lemon Law, then you should take a look at the following information. This enlightening article presents some of the latest news on the subject of Lemon Law.

The lemon law in Wisconsin is pretty simple. If the vehicle you purchase turns out to be a lemon, the manufacturer has to replace the vehicle or refund the purchase price minus a reasonable amount based on mileage.

This law only applies to new vehicles no more than a year old and is still under warranty. This includes cars, trucks, motorcycles and motor homes which you have purchased or leased as well as those used as demonstrator or executive vehicles.

The vehicle itself can only be considered defective if the dealer cannot fix it after four tries or if the problem prevents you from using it for more than 30 days which does not have to be consecutive. This means that it should seriously affect the use, value or safety of the vehicle.

Unlike other states where there is a deadline given to which you have to file a suit, Wisconsin doesn’t but a judge will be the one who will decide the merits of the case.

Before you file a case, you should get a repair order for reach visit even if the shop does not diagnose the problem or attempt to do any repairs because this document shows that the problem you encountered was reported and the date it was brought in the shop. You should also keep contracts and warranties in a safe place so this will easily be found when it is needed.

The best place to get help if you have a lemon is to get assistance from Wisconsin’s Department of Transportation since they have the proper forms to request the manufacturer for a refund or replacement vehicle. They will also be able to give you more information about how to exercise your rights as a consumer under the law.

See how much you can learn about Lemon Law when you take a little time to read a well-researched article? Don’t miss out on the rest of this great information.

Once the form has been filled up, this has to be mailed to the manufacturer’s address that can be found inside the user’s manual. You should probably send this through certified mail to make sure that it was received.

The manufacturer has 30 days to respond to your request. If you are asking for a refund, aside from the full purchase price they have to include sales tax, any finance charges and collateral costs again minus the mileage. If you are getting a replacement, the manufacturer should only refund your collateral costs and charge nothing from mileage.

Collateral costs refer to alternative transportation expenses because the vehicle was in the shop, towing charges if the vehicle broke down in the middle of the road and repairs costs that were incurred to try and fix the problem.

If the manufacturer refuses to give you a refund or replacement, you can consider an arbitration program. This is free and you don’t need a lawyer. In fact, most car companies have one and you are required to go through the process if it is certified.

But if it is not certified by the state, you are not required to. Instead, you can hire an attorney and take this matter to court so the judge can decide on the matter. If you sue the manufacturer and win, you may get double the vehicle’s purchase price plus other costs including the attorney fees.

The lemon law is quite complex so it is best to hire a lawyer that specializes in it. You can look for someone in the directory or get help from the State Bar of Wisconsin Attorney Referral Service or the WisBar Layer Referral and Information Service.

That’s the latest from the Lemon Law authorities. Once you’re familiar with these ideas, you’ll be ready to move to the next level.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

A Guide to Lemon Law Attorneys Southern California

Thursday, September 2nd, 2010

The only way to keep up with the latest about Lemon Law is to constantly stay on the lookout for new information. If you read everything you find about Lemon Law, it won’t take long for you to become an influential authority.

Whenever you’re buying a car, there are those that don’t seem to meet your standards. These are called lemons, and they are the bane of every car buyer’s money. To protect the people, lemon laws are in effect. For those who got stuck with a lemon, call lemon law attorneys southern California to get back at those who have wronged you. Upon qualification, it becomes a ?no cost to consumer? lawsuit.

For example, you just bought a car that you thought was nice and had all that you ever need. But suddenly, the engine dies on you when it rained. You may have gotten it fixed, but it would die again the next time it rained. In Southern California, it only rains in winter, so it’s not so bad. But still, why own a car that breaks down during rain?

Also imagine that it happens to be a sports car. With the body close to the ground, its inner parts will get wet when you hit a puddle. That would make it break down then and there, regardless of rain. This means that you have been sold a lemon and have been scammed. You have tried everything you can to fix it like spraying coatings on the distributor wires to waterproof them, but to no avail. This calls for a lemon law attorney.

You know that you’re going to need one if you actually took this car to the dealership and had them work on it until it got fixed, but breaks down at the next possible chance. If this happens, then numbers have to be crunched or heads will roll. A lemon law attorney will help you with this by making sure that you get compensated for being sold a wreck.

It seems like new information is discovered about something every day. And the topic of Lemon Law is no exception. Keep reading to get more fresh news about Lemon Law.

Lemon laws apply to many products, but it has been mostly applied to motor vehicles. The California Lemon Law protects the consumer from the consequences of buying or leasing a defective automobile, making either dealership or manufacturer responsible for it. While the warranty still stands, the manufacturer is responsible for having the car in perfect working condition if ever it is taken in for either repair or replacement.

In California, the consumer is protected by a set of laws that are there to ensure the integrity of the trade and to thwart deception in transactions. With these laws, defective cars will have to be replaced and may even incur huge penalty fees for those who deliberately make fools out of their customers. They also ensure the enhancement of the driver and passengers’ basic safety by having the cars more carefully manufactured and monitored. This observance of consumer rights ensures that the customer always gets it right.

Take note that these lemon laws also apply to leased cars, as long as they are under warranty upon lease. The warranty itself should not be invalidated upon reaching 18,000 miles or 18 months if it indicates higher values. As long as they apply, then the lemon laws definitely apply. Also, by the first repair attempt within the warranty period, they do apply even after the warranty.

Upon hiring lemon law attorneys southern California, you can get a refund or complete repair for a purchased or leased secondhand vehicle in the same way as a brand new one if it was bought for non-commercial private use. These lemon laws can also apply to RV’s, motor homes, motorcycles, boats, and many others.

If you’ve picked some pointers about Lemon Law that you can put into action, then by all means, do so. You won’t really be able to gain any benefits from your new knowledge if you don’t use it.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

Four ways to look for lemon law lawyers (Los Angeles)

Sunday, August 29th, 2010

Current info about Lemon Law is not always the easiest thing to locate. Fortunately, this report includes the latest Lemon Law info available.

Are you looking for lemon law lawyers (Los Angeles) who can assist, represent, and manage your indemnification claim against a car dealer? Do you know what kind of lawyers you have in mind but do not know where and how to begin looking? These are just some of the ordinary ordeals that people experience as they process a lemon law claim for the first time. It is not only confusing to look at the dizzying law firms that can be found in Los Angeles, it is also very tricky to look for lawyers who will give the most affordable yet quality legal advice and assistance.

Below are four ways in beginning to look for legal assistance in consumer warranty rights. By starting your search on a sure footing, you do not have to worry about working with your chosen lawyer in the future because you have received the most reliable feedback and information when you selected them in the first place.

One, there has never been an effective way in combing for deadly accurate information than word of mouth. Here, your friends and families, even colleagues and school friends, can recommend a law firm or two that they have got wind about. You can never go wrong with people who know you best, so asking advices from friends and family members would go a long way. You can put your confidence in their word because of your relation to them, as you believe that they would never let anything bad to happen in your life. With their stamp of approval, you can look for law firms that you already know much about ? thanks to the word of mouth.

Two, trust on the advertisements. Majority of the states in America have different stands on the issue of allowing lawyers or law firms to go on advertisement spree due to ethical and professional issues. This is the reason why that in most states, you cannot see full page advertisements of law practitioners in print, radio, and television media.

The more authentic information about Lemon Law you know, the more likely people are to consider you a Lemon Law expert. Read on for even more Lemon Law facts that you can share.

With limited venues of advertisement, most law firms turn to the yellow page (for some states, this is legal) and internet. With fewer avenues for telling people their company, they will put their best foot forward. Almost always, they will make available their portfolio of cases won and with just a few clicks, you can view their experience and credentials.

Three, visit law firms. This might not prove to be very cheap, but this will be very great for people living in the city where law firms abound. Stroll around, look through their glass walls, and talk to people around their offices. You may even meet clients like you who are there for the same reason. Or, you may chance upon people who know about the company and tell you something or two before you proceed to bolt into the law firm’s door.

Four, trust your gut feeling. You can never have better instrument against shady lawyers and companies than your instinct. Trust your inner voice before making the big decision of hiring your legal representatives. Choosing law firms are like choosing your own friends ? not everyone can be your mates but eventually you can find those that are just perfect for you.

By going around and gathering information, and to never be contented on advertisements alone, you might hire the best Lemon law lawyers (Los Angeles) to help you out.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

The Lemon Law in Texas

Friday, August 27th, 2010

If you have even a passing interest in the topic of Lemon Law, then you should take a look at the following information. This enlightening article presents some of the latest news on the subject of Lemon Law.

If you are experiencing repeated problems with your car after it has been brought in the shop and you purchased or leased this from a licensed Texas dealer or lease company, the Texas Lemon Law may be able to help you get it refund or have it replaced.

The Texas lemon law was first enacted in 1983. It is administered by the Texas Department of Transportation’s Motor Vehicle Division and the Motor Vehicle Board.

Vehicles that are covered by the Texas lemon law include cars, trucks, motorcycles, motor homes and ATVs. It also covers new and demonstrator vehicles that develop problems covered by a manufacturer’s written warranty. If you happen to own a towable recreational vehicle, it must first be titled and registered in Texas to be eligible.

Your used vehicle may also be covered under the Lemon Law if it is still within the manufacturer’s original warranty and not an extended service contract or if the problem started while it was still under warranty and it continues to exist.

To know if the Texas lemon law is applicable, your vehicle must meet certain conditions. The vehicle must have an abnormal condition or serious defect, the defect is covered by the manufacturer’s warranty, the defect is reported to the dealer during the warranty term, you must give the manufacturer a letter stating the problem and ample time to repair the problem and the problem still persists after everything was done.

If you find yourself confused by what you’ve read to this point, don’t despair. Everything should be crystal clear by the time you finish.

There is nothing in the lemon law that states the number of times that the customer has to wait before filing a complaint. For many, four times seems to be sufficient. This may happen two times to repair the same problem of defect within the first 12 months or 12,000 miles whichever comes first or twice more during the 12 months or 12,000 miles after the second repair was done without any improvement.

Some will tell you to undergo the serious safety hazard test where the vehicle in question was once brought into the shop during the first 12 months or 12,000 miles whichever comes first and once during the 12 months or 12,000 miles after the first repair attempt.

The Texas lemon law may also apply if the vehicle has been out of service for a total of 30 days or more during the first 24 months or 24,000 miles and there were at least two repair attempts during the first 12 months of 12,000 miles after this was delivered to you with no changes in the vehicle’s condition.

If you happen to experience one of these three scenarios, you must file your Lemon law complaint as soon as possible so the Motor Vehicle Board will be able to help you.

A hearing will be conducted and before going in, be sure to prepare all the necessary documents so you can prove your case in front of the Administrative law judge. You should present your own testimony since you are the owner of the vehicle, the testimony of witnesses, receipts, letters and other documents which are needed.

A decision with regards to your case will be made within 150 days after receiving the complaint and paying for the filing fee. If no decision is made during that period, you can make your argument in court as though the Lemon law process were complete.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

The Massachusetts Lemon Law

Wednesday, August 25th, 2010

The Massachusetts lemon law is designed to protect customers who have serious defects in their new cars. The state defines a lemon as a vehicle that impairs the use, market value or safety of the vehicle and which has not yet been fixed after a reasonable number of attempts.

This law applies to new cars, motorcycles, cans and trucks bought in Massachusetts from a car dealer for personal or family use. This is valid for one year or 15,000 miles from the original date of delivery whichever comes first. The law does not cover auto homes as well as vehicles used for off-road or business.

Under the law, repair attempts must be done during this period but the manufacturer’s final attempt can be done after the term of protection.

For you to take advantage of this law, you have to show specifically how the defect impairs its use, depreciates its market value or endangers those who use it. You must also have a record of at least 3 or more attempts to try and fix the vehicle as well as show that nothing has changed.

This means keeping a record of all repair work done and making sure that the problem you have complained about is mentioned in the report.

Before you can ask for a refund or a replacement, you have to give the manufacturer one last chance to try and fix the defect. Once the letter is received, they have to do their part within seven business days. This should be sent by certified mail with a return receipt requested.

I trust that what you’ve read so far has been informative. The following section should go a long way toward clearing up any uncertainty that may remain.

If at the end of 7 business days nothing happens, you have the right under the lemon law to get a refund or a replacement. If the manufacturer refuses, it is time to request for an arbitration hearing.

Arbitration is inexpensive and an informal way to resolve a complaint. Here, both sides are given the chance to show evidence about the condition of the vehicle. You can either do this with state run arbitration or manufactured sponsored arbitration.

The difference between the two is that state sponsored arbitration bases its decision on the lemon law standards while the manufacturer does not. You can expect a decision in 45 days for a state sponsored one and another 21 days if the manufacturer decides to appeal while the manufacturer is much shorter. If the decision does not go in your favor, you will not get anything.

You have the right to refuse the manufacturer-sponsored arbitration and then take this matter to court. You should just meet the lemon law requirements so that the judge will easily grant a decision in your favor. Failure to do so could mean fines and penalties which you have to pay for so it is best to consult a lawyer so he or she can begin by writing a demand letter to the manufacturer.

When you have the lemon law on your side, you are hoping to get a refund or a replacement vehicle. For those who want a refund, this means the full purchase price including all credits and allowances for any trade in vehicle but part of it will be deducted based on the vehicle’s price and mileage.

If you get a replacement, this is usually of similar model and make. You will also be reimbursed of transfer of registration fees, sales tax, unreimbursed towing and rental charges.

That’s the latest from the Lemon Law authorities. Once you’re familiar with these ideas, you’ll be ready to move to the next level.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

What You Need To Know About Lemon Law Lawyers California

Monday, August 23rd, 2010

Imagine the next time you join a discussion about Lemon Law. When you start sharing the fascinating Lemon Law facts below, your friends will be absolutely amazed.

Lemon law lawyers California are all about ensuring that your rights to consumer protection are upheld in occasions of injustice regarding a defective vehicle. If ever your car suddenly breaks down suspiciously, you should take it up to the dealership or manufacturer to get it fixed or replaced. If your expectations are not met, then action must be taken so that you actually get your money’s worth.

The manufacturer gets the chance to repair the said vehicle, but this is defined by law. If they are not to fix it properly after four attempts or take care of minor defects after two attempts or within 30 days, then your vehicle is considered a ?lemon?. You are then able to press action against the manufacturer to demand either a refund or replacement.

These defects are defined as those that significantly impair the use, value, or safety of the vehicle itself. While four attempts are generally accepted as the maximum number of chances a manufacturer is availed, the actual number is still sketchy according to the law. The same can be said about the warranty period. These terms have been recently amended and the said warranty period has been defined as extended to either eighteen months or 18,000 miles. Before that, it used to be 12,000 miles or a full year of twelve months.

It seems like new information is discovered about something every day. And the topic of Lemon Law is no exception. Keep reading to get more fresh news about Lemon Law.

Within this defined warranty period, a reasonable number of attempts must be carried out before you can actually declare the manufacturer responsible for having your car still in shambles. After all, it is your responsibility to have the car that you have bought fixed if ever there is a defect. This condition becomes void if ever the vehicle was damaged due to either negligence or misuse. That means you cannot cheat by claiming the manufacturer responsible for selling you a lemon if you are actually the one that damaged it. If you did that, then you could be charged with fraud with all evidences and previous statements made turned against you.

The California Lemon Law is quite complex regarding these cases, especially for the uninitiated. There are all these nuances in the law itself that it is best to have an attorney at the ready regarding these matters, especially someone who specializes in these kinds of cases. Such an attorney is best equipped to guide you through this whole process, making it easier for you to wage war against those who have wronged you about your car.

To file a complaint, documents such as complete service history, original lease or purchase agreement, and current registration documentations are needed. Regarding the service history, it is needed to verify if the manufacturer’s service adviser or technician within the service department actually entered inaccuracies and other irrelevant information on the service orders. These services orders compose the entire service history, which is usually needed in proceedings of a lemon law claim within the state of California. To prevent future problems, these service orders have to be checked and corrected by the technician immediately upon seeing any mistakes or inaccurate information.

The process can be quite grueling if all the paperwork is to be considered, but lemon law lawyers California make it easier for everyone who gets into these conditions. Do not willingly charge into the fray without leverage and care.

So now you know a little bit about Lemon Law. Even if you don’t know everything, you’ve done something worthwhile: you’ve expanded your knowledge.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

The Lemon Law in Illinois

Tuesday, August 17th, 2010

When you’re learning about something new, it’s easy to feel overwhelmed by the sheer amount of relevant information available. This informative article should help you focus on the central points.

The Illinois Lemon Law is also known as the Illinois’s New Vehicle Buyer Protection Act. It protects the customer who bought or leased a new car, pickup, truck or van as long as this does not exceed 8,000 pounds. There are no warranties here but it provides people a remedy if the dealer fails to live up to its commitment.

Leased vehicles are also covered under the lemon law as long as this was leased for 4 months and that 40% of the time this is used for personal, family or household use. It does not cover used cars, altered or modified vehicles, motorcycles and boats.

The statutory warranty period where the lemon law applies is to vehicles for one year or 12,000 miles whichever comes first. If the warranty expires, then the law no longer applies. However, if the warranty expires, the dealer is still required to fix it because this was first reported during the warranty period.

If the manufacturer is not able to fix the problem after repeated attempts, the law states that the customer has the right to go to the manufacturer’s arbitration program or to court in order to get a full refund or a replacement vehicle.

For this to work, the customer must give the manufacturer at least 4 chances to fix the defect, more than once if this involves the steering or braking system that is likely to cause serious injury or death or the vehicle has been out of service for more than 30 business days.

You should keep accurate records so this can be presented if it comes to a point where you have to fight the manufacturer for it.

Sometimes the most important aspects of a subject are not immediately obvious. Keep reading to get the complete picture.

A final letter is written to the manufacturer for them to repair the defect. If they fail to correct it, you can claim a refund or a replacement through a third party dispute resolution program. Your car manual should give you an idea how this works.

Sadly, nothing will happen if you are dealing with the dealer because they will do their best to stonewall your claim or at worse, the decision will favor the manufacturer.

They may even say that the problem you are experiencing is minor and that you do not qualify under the lemon law for any sort of relief. You shouldn’t feel discouraged when this happens because this is another tactic they do.

The only person that can make that determination is a lawyer so head on over the to the Illinois Attorney General’s office so they can recommend someone who can help you with this problem if you don’t know anyone. If you are not sure about this person, ask first for a free consultation.

Here, you can ask how long has he or she been practicing lemon law cases, how much is their fee, will they be able to refer a few previous clients and can they estimate how long the case will take.

You should know that when you file a civil action in court, the decision made during the third party dispute resolution program is admissible.

If after everything you are able to win your claim, you will likely receive a vehicle of similar like and value or the manufacturer will buy back the vehicle from you less than value of the mileage driven.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO

The California Lemon Law

Saturday, August 14th, 2010

A customer has rights when he or she purchases a vehicle. The Song-Beverly Consumer warranty act which is the lemon law of California was enacted to give this protection to the buyer.

The lemon law of California applies to vehicles which auto dealerships have failed to repair within a warranty period despite being given a reasonable number of times to do so.

There is no specific number of visits to make such a claim but typically 4 visits will suffice. The law is also on your side if the vehicle has been in the shop for a total of more than 30 days for warranty repairs. But you have to know that everything is assessed on a case by case basis.

If your vehicle meets these conditions, the manufacturer must give your money back and pay off any outstanding loan balance or replace the vehicle with a similar model. The law also requires the manufacturer to pay the customer’s hourly attorney’s fees on a meritorious claim which is very convenient especially for those who cannot afford one.

You can even file for a claim if the problems of your vehicle did not occur within the unit’s first 18 months or 18,000 miles of use.

The California lemon law also applies to used and leased vehicles including boats, motorcycles and recreational vehicles which should be primarily for family, personal or household use. This is also applicable for business purposes as long as the gross weight is not over 10,000 pounds and not more than 5 vehicles are registered in this state.

Truthfully, the only difference between you and Lemon Law experts is time. If you’ll invest a little more time in reading, you’ll be that much nearer to expert status when it comes to Lemon Law.

As the customer, you are not required to first arbitrate your case. However, if the manufacturer maintains a state certified arbitration program, you have to submit the warranty dispute to them first before you can go to court. Information about arbitration must be described in the warranty or the owner’s manual but in most cases, this will just tell you to bring your vehicle back to the manufacturer for repairs.

If you are still not satisfied with the way you were treated by the manufacturer, then it is time to go to court. The first step is to hire a lawyer and then fill up a questionnaire or interactive complaint form from the Californian Vehicle Warranty Rights Act Department.

You should write her the make and model of the vehicle, the year of manufacture, current mileage, name, address and contact details of the dealer, date of purchase together with the copy of the document, details of the warranty, the list of problems encountered, number of attempts to fix the vehicle and the number of days it was inside the shop.

Once this form is submitted and approved, you will be given another form that outlines the eligibility parameters. Your attorney should be able to process the paperwork like filing a claim under the California lemon law by drafting a letter to the manufacturer.

The letter will let the manufacturer know you are initiating what is known as a breach of express or implied warranty. A copy of this document must also be submitted to the Consumer Affairs Department and the Attorney General’s office.

The California lemon law should help you get a refund or maybe a new car. This can only happen with the proper documentation and an experienced attorney who will be able to make the courts decide in your favor.

Now you can be a confident expert on Lemon Law. OK, maybe not an expert. But you should have something to bring to the table next time you join a discussion on Lemon Law.

About the Author
By Anders Eriksson, feel free to visit his new GVO affiliate site: GVO


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