Most buyers of new cars are probably familiar with lemon laws, which allow consumers a refund or replacement when their car turns out to be defective. These laws generally cover leased cars as well as purchased ones, and they have worked well as a consumer protection tool. Unfortunately, no such laws exist for used cars, and buyers should be careful when purchasing them.

Most buyers of new cars are probably familiar with lemon laws, which allow consumers a refund or replacement when their car turns out to be defective. These laws generally cover leased cars as well as purchased ones, and they have worked well as a consumer protection tool. Unfortunately, no such laws exist for used cars, and buyers should be careful when purchasing them.

Many car dealers offer certified used cars that come with some sort of warranty, but most independent used car dealers do not. In most states, the law permits used car dealers to sell cars as is, and in that case, anything that goes wrong, even if it happens five minutes after purchase, becomes the buyers problem. Dealers selling cars on an as is basis often arent even required to disclose any problems a vehicle might have to potential buyers. Most independent car dealers sell older, less expensive cars than those sold at major auto dealerships. A lot of the profits that independent used car dealers make come from financing, particularly from financing those with bad or poor credit. Those with problem credit often find that such dealerships, which self-finance, are their only chance at obtaining a car loan. These loans, with their resulting high payments, often leave buyers without any extra cash to pay for repairs of undisclosed problems. Legislators in several states are considering laws that will require used car dealers to have their cars inspected by certified mechanics prior to their being offered for sale. This will help, in time, but what can a potential buyer do now?

# Ask to have a certified mechanic examine the car before purchase. Any reasonable dealer should allow you to take the car to a mechanic; if not, you should probably shop elsewhere.

# Get a list of the cars known problems in writing prior to purchase. Inquire as to whether you have any recourse should something go wrong after the sale.

# Ask the salesperson if the car has any sort of warranty, and if so, get it in writing. If they tell you the car is sold as is, ask them to define those terms exactly.

# Contact your local Better Business Bureau to see if they have had any complaints about that particular dealer.

# If possible, purchase a used car from a dealership that offers certified used cars with a written warranty.

Buying a used car is more problematic than buying a new one. After all, a used car is one that someone else didnt want anymore. Buyers who are considering a purchase of a used car should be aware that their protection under the laws of most states is quite limited. Asking a few questions and doing some investigation prior to making the purchase may save buyers thousands of dollars down the road.

About the Author: Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites, including http://www.LemonLawHelp.net, a site devoted to automobile lemon laws and http://www.End-Your-Debt.com, a Website devoted to information about debt consolidation and credit counseling.

Tags: north carolina lemon law, lemon laws, Florida lemon law, Texas lemon law, illinois lemon law, California lemon law, Georgia lemon law, used car lemon law

What is New York Lemon Law?

If you buy, lease or transfer a car or motor home, new or used, and it develops serious defects that cannot be fixed by the manufacturer you can get even with the dealer or manufacturer under a law called New York Lemon Law regardless of the warranty clause or waiver signed by you.

What defects qualify for redress?

New York Lemon Law takes up and determines all major defects i.e. engine trouble, transmission problem, wobbles, stalling, starting trouble, leaks, rattles etc, except the normal wear tear.

What the law requires?

? That your car should be registered with New York State and covered with warranty.
? That serious defects must have developed within first 18,000 miles or two years from the date of original delivery, which ever is earlier.
? That even after four or more repaires for the same defects the problem has not been solved completely.
? That it remained at the workshop for a period of 30 cumulative calendar days.
? That driving such a car is fraught with danger to your life.
? That the car was for personal use.
? That due to the defects the value of the has diminished.
? That you have not made any alterations in the car.
? That you have performed your contractual obligations.
? That the dealer or the manufacturer refused to carry out repairs.

How to initiate an action?

Within 4 years of original purchase, you must fill up a Request for Arbitration form available at the Attorney Generals Regional office enclosing all documents, relevant bills, correspondence, job work records etc. If the request is tenable, you would be required to deposit the request fees.

You can go directly to court but arbitration is cheaper and convenient. You can also opt for mediation with dealers/manufacturers under the rules framed by Federal Trade Commission. You may go for an oral hearing in presence of your mechanic or seek justice on the basis of the document disclosed. Verdict, which is appealable, is out within 10 days of the final hearing.

It is best to appoint a qualified Attorney to pursue your case as from time to time new notifications are issued by the government in the matter. Lawyers′ fees are payable by the Dealer/Manufacturers and consultations are free.

Available Remedies

In case you win, New York Lemon Law entitles you to the price of the car plus all payments made by you including Government fees and levies minus the deductions allowed by the judge depending upon the demerits of your case.

Tags: illinois lemon law, north carolina lemon law, Texas lemon law, indiana lemon law, lemon law, Georgia lemon law, Ohio lemon law, lemon laws

Lemon law refers to the statement from the government that was created to protect consumers from defective piece of automobile. An automobile that has manufacturing defect or if it asks for repeated repairs after purchase and if the automobile is under warranty period, such a vehicle is termed as a lemon.

A law was placed for the benefit of consumers to prevent them from a lemon vehicle. In a nut shell if any vehicle such as a car is under warranty period and is suffering from various defects that prevent a consumer to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.

Lemon law can be enforced on any sort of vehicle like a car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables like computers, etc.

A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also applicable to vehicles which have been resold but are still under warranty and meet the mileage and time criteria. More often it is very difficult to persuade a manufacturer to accept a lemon vehicle. In such cases a lemon suit is often called for.

To ensure whether a vehicle is a lemon or not one should observe certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Such a condition should be covered by manufacturer?s warranty. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should have also been issued to the manufacturer prior to a lemon law suit.

A vehicle that has been bought back by the manufacturer from the customer is known as a Lemon Buy Back. Such lemon buy backs are often sold in auctions as used cars by the manufacturers.

The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.

A lemon vehicle explicitly loses market value due to its manufacturing defect. Moreover, manufacturing defects may lead to several life threatening circumstances. It also substantially impedes a person’s ability to control or operate a motor vehicle for ordinary use or intended purposes. Any manufacturing defect can also create a substantial risk of fire or explosion. All these risk elements call for enforcement of Lemon law in the states of United States. This law helps consumer from all such threats and hazardous circumstances.

About the Author: Earl Powers, US Lawyer and Lemon Law expert - focusing on Used Car Lemon Laws and What Is The Lemon Law

Tags: Texas lemon law, Georgia lemon law, illinois lemon law, used car lemon law, alabama lemon law, California lemon law, Florida lemon law, georgia lemon law

An affirmative defense is defined as a fact or a set of facts that defeat a claim, even if the facts supporting the claim are true. When a plaintiff files a complaint in a civil or criminal court order to get relief from the court, the defendant can make the claim void by asserting and proving that there are other factors affecting the claim. These could be negligence or the expiry of statute of limitations. In the affirmative defense clause that comes under the Californian lemon law, a defendant can avail of the same if certain conditions are satisfied or proven.

Flaws caused by illegal or unreasonable use of a motor vehicle, following sale or lease are the main reasons behind this kind of defense strategy. This means that if the person availing of this law has abused or misused the vehicle in any way, then the vehicle is not considered to be a lemon and thus cannot come under the relief provided by the law.

Affirmative defenses, in general, are made to protect the defendant from fraudulent claims. Fraudulent claims include damages due to the negligence, misuse or unreasonable use by the person seeking relief.

This may include damage caused due to driving under the influence of alcohol or drugs. Damage caused due to accidents, that are a result of illegal driving, is also considered as negligent driving. “Unreasonable use″ is defined as using the vehicle without following the proper guidelines and terms and conditions. These include speed limits, proper maintenance and other mandatory guidelines that are crucial to the efficient working of the vehicle.

An affirmative defense usually acts against the plaintiff. It is important to prove that the damage caused was not due to the negligence of the owner, in order to make the defense void.

Tags: lemon law, lemon law attorney, Georgia lemon law, California lemon law, north carolina lemon law, used car lemon law, alabama lemon law, Texas lemon law

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:

<LI&gt;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.</LI&gt;

<LI>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.</LI>

&lt;LI>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.&lt;/LI>

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.

About the Author

?Copyright 2006 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including LemonLawHelp.net, a site devoted to information regarding auto lemon laws.

Tags: Georgia lemon law, used car lemon law, indiana lemon law, north carolina lemon law, georgia lemon law, lemon law attorney, Texas lemon law, lemon law

There is, and the law actually applies to more than just vehicles. It is called the Magnuson-Moss Warranty Act. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty. That is a pretty big field if you think about it. This article, however, is going to focus only on the Act as it applies to personal use motor vehicles.

As you may be aware, many states have vehicle lemon laws in place to protect consumers of new vehicles which turn out to be defective. These lemon laws are typically very consumer friendly, but they do have some specific criteria that must be met in order to bring a claim. Each state is different, but as a general statement, many state vehicle lemon laws set forth that the vehicle’s defect must occur within the first 12,000 miles of the vehicle’s use. What happens if the defect first arises at 12001 miles? In many instances, the consumer cannot pursue a state lemon law based claim. We would all agree that isn′t fair, right? The consumer should not be left without a remedy if his vehicle exhibits a defect that occurred under the manufacturer’s warranty but after an arbitrary mileage figure.

This is where the federal lemon law (the Magnuson-Moss Warranty Act) comes in. The Magnuson-Moss Act is much broader than the state vehicle lemon laws, and affords nearly identical protections. The Act does not have mileage limitations, and can apply to “used” vehicles as well. (Most state lemon laws apply only to new motor vehicles). Note: The Act will only apply to used vehicles that have warranty on them at the time of the defect. Similar to many state lemon laws, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim. For that reason, this Act is often used as a catch-all when Attorneys file state vehicle lemon law claims.

In summary, in the event that you have a defective motor vehicle, but cannot file a state lemon law claim, there is a federal lemon law that will protect you and your interests. If you have any questions on the federal lemon law, or on the Pennsylvania state Lemon Law, please visit www.ihatethislemon.com

About the Author

Greg Artim is an Attorney based in Pittsburgh Pennsylvania. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at www.ihatethislemon.com

Tags: lemon laws, Texas lemon law, Florida lemon law, north carolina lemon law, used car lemon law, lemon law attorney, Ohio lemon law, alabama lemon law

Lemon Law On purchasing a vehicle, a warranty period is fixed. If your vehicle have some specified defects and you have tried to fix it more than a reasonable no. of times (App. 4) within warranty period, Then your vehicle can be declared as lemon. Various states have different policies against lemon vehicles. Note That: 1) In some states, you can simply make a complaint and find warranty advantage while in some states; you need to hire an attorney. 2) In case an attorney is needed, some states allows for refund of lawyer fee by loosing side. 3) Some states law also allows for leased vehicle to be treated as “Lemon vehicle″ within warranty period if defect is found. 4) Keep a record of every repair, and save it in a document style. This will help you legally.

Since Lemon laws are different in each state, we will see only {a href=” http://florida-california-lemon-law.blogspot.com/“}California Lemon law .In Most of the cases, you need to hire a attorney against lemon car manufacturer. Even if your car not be declared as a “lemon car” (Or other vehicle), there are a number of law which can protect you. So you can at least get refund of vehicle + attorney fee. if a manufacturer or its representative can not repair a vehicle under express warranty after a fixed number of attempts, the manufacturer must promptly replace or repurchase it under consumer warranty act. Also vehicle should belong to California for family, business or personal use and Warranty period duration is company warranty period + time limit for taking a legal action. If a car is sold then new buyer also have advantage of remaining warranty period but Car door should have a sticker named as “Lemon”. Lemon Law Right: A) If your car have a defect then Write to manufacturer. B) If your manufacturers have a number, even then write a letter for legal reasons. C) You can hire an attorney for manufacturer’s arbitration program. D) Read manufacturer’s arbitration program rules to understand process. E) Even if you loose in arbitration, remember that there is a higher chance that you can win in court.

A) There are special law under Warranty Act–Civil Code section 1793.22 (b) which can help you to determine about sufficient time limit in which, manufacturer was unable to repair your vehicle. These are: a) If for the same problem you have taken your vehicle to manufacturer four or more times or your vehicle was a cause of serious injury or death. b) The four repair attempts or 30 days out of service within first 18 months that you own your car or first 18,000 miles, whichever happens first (As of January 2000). c) The problems are covered by the warranty and substantially impair the use, value or safety of the vehicle. d) You must directly notify the manufacturer about the problem according to law.

If seller can prove that you have not handled the car carefully then he can even claim for attorney fee.

About the Author

Anshu is a Sr. web content developer working for Law and healthcare related websites.

Tags: illinois lemon law, lemon law attorney, state lemon law, Florida lemon law, lemon law, Texas lemon law, lemon laws, alabama lemon law

The California Lemon Law states that if a person has to repair his new or used car, truck, van, R.V or motorcycle, boat or any consumer goods during the warranty period and after giving the dealer a reasonable number of attempts to repair the vehicle, the product is considered a “lemon.”

A car or consumer product is said to be a lemon if the same problem occurs three or more times in a row, over a small period of time within the warranty period. The plaintiff or the owner is entitled to get his money back or get a substitute under this Law. It does not matter if a person has purchased or leased the vehicle or product.

There are many ways of receiving compensation and it is not necessary for the consumer to directly sue the manufacturer. If the vehicle is purchased after 1986 then there is a provision called the arbitration procedure. In this procedure, a company called the “better business bureau” auto line department assigns an arbitrator to listen to both sides of the story and decide upon the outcome of the case. The important note that the judge’s decision is binding for the manufacturer but not for the aggrieved party. This means that the owner of the vehicle can reject the decision or outcome of the arbitrator and sue the manufacturer in court.

Research reveals that 99% of the lemon law cases are judged in favor of the plaintiff. The compensation received is usually equal to the cost of the vehicle. However, the plaintiff can also choose a replacement vehicle of the same make and reject the refund.

Although lemon laws vary from state to state, the basic purpose of these laws is to protect the consumer from goods and vehicles that have an inherent defect.

Tags: Georgia lemon law, georgia lemon law, Ohio lemon law, lemon laws, California lemon law, north carolina lemon law, Florida lemon law, Texas lemon law

The sooner you know what the details of the Nevada lemon law, the better you?ll be able to avoid a lot of hassle and frustration and protect your interests. Whether you think you?ve got a lemon or are just trying to be preemptive, we have the main points of the Nevada lemon law and also include advice on how to act if the manufacturer is giving you a hard time.

First off, what?s covered:

- new cars that are used for personal, family or household purposes

- RVs and ATVs are excluded.

- cars with problems the manufacturer has tried to fix four times or more or

- cars that have been in the shop for 30 days or more.

All problems must be covered by the manufacturer?s warranty and must occur within the first year after buying the new car.

If this describes you car, there are several things you should do if you suspect your car?s a lemon, starting as soon as possible. First, see what your owners manual tells you to do. Call the dealer where you bought the car and ask for the name and number of the regional manager who handles lemon law complaints. Find out in detail from this person what they want you to do to proceed with your claim. No car manufacturer we?ve heard of has been eager or generous in resolving lemon law issues, but you?ll have a better chance of reaching a satisfactory settlement if you do everything they tell you to do–promptly.

Think of creative ways to document your problems. If your car?s problem is something you can see, take pictures of it every time the problem occurs. Address every problem promptly, since you don?t have much time with lemon law issues.

You?ll probably either have to take your car to a dealer to get fixed or, if you live too far away, you must given written notice to the car maker telling them what?s wrong. They will either arrange to get your car transported to a certified repair facility or tell you how to proceed.

Start a folder for all your receipts from repair attempts. Include notes from all your phone conversations (including who you talked to, when and what each person said). Keep track of work hours you?ve lost and other ways your car problems have affected you adversely.

How others have fought and won lemon law appeals

Before we say anything here, we want to be clear that we aren?t attorneys. We don?t even play one on TV, so please don?t mistake what we?re about to say for legal advice. But it may still be helpful.

Everyone who?s had a lemon-car problem has their own frustrating story. One person leased what he thought was a dependable Japanese car, but after the third oil change started to notice pools of oil under his car. It got so bad that his co-workers commented on it. Yet after six fruitless attempts to fix the problem, the car manufacturer insisted that the only problem was with the way he was maintaining his car. After exhausting all his other options, he hired an attorney and got a jury trial. He took pictures of the oil leaks, in his driveway and garage and at work. He also kept copies of the letters his home owners association had sent him complaining about the oil stains. The jury found this evidence compelling and settled in his favor.

In another case, the district manager in charge of resolving lemon law complaints had a crazy, (but very favorable to the manufacturer) definition of what an ?occasion? was. After four occasions, the company was obligated to re-purchase the vehicle. To avoid this, the district manager decided that if the company?s mechanic couldn?t find the problem or fix it, the company wouldn?t count that complaint as an occasion. Another manager at the company defended this, saying that, ?If the technician does not replace a part or make an adjustment to the vehicle, and it’s properly documented as no problem found, then I would not count it as a repair.? The judge laughed that right out of the court and awarded the buyer an $11 million verdict. (This was later reduced to $100,000.)

We?re sorry that you?re looking for information about the Nevada lemon law. We?re sorry because this probably means you?re having serious trouble with your car or you know someone who has and are afraid it?ll happen to you.

Tags: lemon law attorneys, Ohio lemon law, north carolina lemon law, illinois lemon law, georgia lemon law, Florida lemon law, Texas lemon law, California lemon law

What is A Lemon Automobile?

Lemon is a citrus fruit with a distinctive sour taste. In slang usage, ‘Lemon’ stands for a worthless or inferior quality product or thing, which the manufacturer/seller passes off as a quality product or item (of course, the buyer is in the dark). The purchase deal, therefore, leads to an unpleasant experience. Adjudged from this angle, a defective automobile, which has some severe concealed manufacturing defects or requires repeated repairs, rendering it unfit for use, is termed a LEMON Automobile.

Automobile Lemon Law

Once used merely as an expression, ‘Lemon Automobile’ is now used in legal contexts and that due to the enactment of the Automobile Lemon Laws. Automobile Lemon Laws were formulated to protect the interests of the buyers should they bump into fraudulent automobile purchase deals where the vehicle fails to meet quality and performance standards due to some concealed defect.

Automobile Lemon Laws exist in every state in the United States and the rules vary from state to state. Thus, Lemon Laws in some states do not cover used or leased vehicles and are applicable for new purchases only.

Generally, consumers are permitted to demand full refund for defective vehicles from manufacturers and the law makes it binding that the company either fixes the problem or takes back the automobile making a full refund. Some state-rules, however, allow the manufacturer to tender replacements for the Lemon Automobile. The replacement, of course, has to be in the form of a brand new, fully functional car. In any case, the protection rights that the buyers are entitled to go beyond warranty periods.

What Flaws Are Deemed Manufacturing Defects By The Automobile Lemon Law?

The list of defects is extensive; however, brake problems, electrical problems, engine problems, steering defects and transmission problems are considered as serious defects.

Under What Circumstances Are You Protected By The Automobile Lemon Law?

You will be protected by the Automobile Lemon Law only if your vehicle shows defects that correspond with those stipulated under the Automobile Lemon Law, like

- The vehicle has a manufacturing defect that affects its performance, value or safety. - A constituent part or mechanism of the vehicle has been repaired more than thrice. - The vehicle meets the maximum mileage law (actually, in some states a vehicle can not exceed a minimum number of miles in usage) and - Enough opportunity has been given to the manufacturer to fix or propose a solution for the problem.

In case your ‘new bought’ vehicle is showing each and every sign of the above specified problems, contact your state’s Attorney General’s Office and find out details on the Automobile Lemon Laws before filing a complaint with a Court of Law. If your vehicle does not show all the defects, you may still file a breach of guarantee case if not a full-fledged Lemon Lawsuit. The law of the land will see to it that you are amply compensated for the problems caused by the Lemon Automobile!

Remember, your Lemon Lawsuit will not be considered a valid case if you knowingly purchase a vehicle in ‘as is’ condition.

About the Author

Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to www.lemonlawmoney.com

Tags: state lemon law, lemon law attorneys, Florida lemon law, Texas lemon law, north carolina lemon law, georgia lemon law, Ohio lemon law, Georgia lemon law