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 law attorneys, Florida lemon law, lemon laws, north carolina lemon law, alabama lemon law, California lemon law, used car lemon law, Texas lemon law

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The lemon law gives consumers a basic definition of what considers a vehicle to be a lemon. It also states the manufacturer is responsible for problems and goes on to define how matters should be handled when a lemon is in question. The lemon laws sets up a warranty period that is usually between 12 and 24 months. It also specifies how many attempts must be made to correct the defect before a refund or replacement is ordered. Most often serious defects that would affect the safety and security of passengers is allowed one attempt to correct. Other lesser concerns usually are allowed three attempts. When the refund is given there are dedications for use of the vehicle. This usually correlates with the number of miles on the vehicle. Not every situation qualifies under the lemon law, so checking state regulations is important before attempting to use the law.

Once you know your situation qualifies under the lemon law there are some steps to take. Repairs are an important part of the lemon law, as stated above, there are a certain number of attempts allowed to try to repair the defect. It is important that you keep good repair records to prove the attempts have been made. After repairs have been attempted you have to notify the manufacturer about what is happening. You should then be set up to get the refund or replacement. Sometimes the manufacturer will disagree and you may have to go to court to resolve the matter.

Lemon laws are a way to make manufacturers responsible for the vehicles they make. When a person buys a vehicle they expect to be able to drive it and use it, not be stuck with major problems. Fortunately more often than not major defects are caught as soon a the vehicle is on the market and the manufacturer steps up to replace them. However, if this doesn’t happen then your state’s lemon laws are there to look out for your rights.

About the Author: Stephen Kreutzer is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides information on lemon laws at Lemon Law Facts.

Tags: alabama lemon law, Texas lemon law, georgia lemon law, north carolina lemon law, lemon law attorneys, Ohio lemon law, Florida lemon law, lemon law attorney

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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: state lemon law, Texas lemon law, California lemon law, lemon laws, georgia lemon law, lemon law attorney, Ohio lemon law, Georgia lemon law

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What is California Lemon Law ?

California Lemon Law is a state granted consumer-right that safeguards consumers against purchases of faulty or defective (Lemon) products. Although the product may be anything, the California Lemon Law bears a special allegiance to faulty, malfunctioning automobiles.

Main-points of California Lemon Law

Also known as Motor Vehicle Warranty Rights Act, the California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement. The Lemon Law holds the manufacturer responsible for all the defects and problems in a Lemon Vehicle. Once the flaws are brought to the notice of the manufacturer, the manufacturer is bound to do the repair-works. In case the manufacturer fails to set the problem right even after some genuine attempts, the company must either replace the defective vehicle or refund the consumer’s money.

The Law also empowers the customer to file a Lemon Lawsuit in any Court of Law if a manufacturer denies to comply with the repair / refund / replacement plea even after the snags in the automobile are detected and proved. Additionally, refund for expenses incurred on various heads like repairing charges, rental vehicle charges and even your lawyer’s fees are secured under the California Lemon Law.

The same set of laws is applicable for leased vehicles as well.

Under What Circumstances Can Consumers Seek Protection Under The Lemon Law In Calfornia?

California Lemon Law permits buyers and renters of both new and used vehicles to demand for full refund or replacement when the vehicles are declared ‘Lemons’ - faulty and unfit for use. However, this declaration calls for the following proof:

- The defect is a manufacturing defect and is certainly not a result of mishandling. - The vehicle has been repaired at least four times and still the defect persists. (In case of serious defects that can lead to injuries and death, the number of repair attempts has been lowered to two repairs). - The defect is detected but is not set right within the period of 18 months or 18,000 miles (whichever is earlier).

What The Consumers Need To Do?

The California Lemon Law truly protects the rights and interests of consumers. However, the customers need to attend specific requirements like: - Abide by the instructions in the User’s Manual while driving or handling the vehicle. - Take the vehicle only to authorized service centers for all repair-works and servicing. - California Lemon Law only recognizes a written complaint sent to the manufacturer as a formal legal notice. For added safety, you may send the complaint through certified mail. - All the vehicle documents, all repair records, technical reports, etc. should be kept handy because lodging a complaint or filing a case calls for accurate proof.

Unless and until you fulfill all the above requirements, you will not be able to enjoy the benefits and protection offered by the California Lemon Law.

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, Texas lemon law, alabama lemon law, georgia lemon law, illinois lemon law, California lemon law, Georgia lemon law, lemon law attorney

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The “lemon law” was originally created to protect consumers from big ticket items that had a problem, and these days is almost exclusively limited to vehicles like cars, trucks and SUVs. For example, a car is considered a “lemon” under the California Lemon Law if it has been repaired four times and the defect or problem has not been resolved or fixed within the period of 18 months or 18,000 miles, whichever comes first. Using the word “lemon” this way has most likely become increasingly popular due to the many companies and “slightly south of honest” car sales folks selling faulty products. Buying a car is not like buying a hair dryer, since you cannot return it to the store for a refund if you do not like it, or if it has a manufacturing defect.

Technically, your newly purchased car is only considered a lemon if you have given proper attention to all of its problems, if all efforts to fix these problems have been exhausted, and if the manufacturer has been given the opportunity to try and fix the problem but cannot. If it seems your car is in the repair shop time and time again for the same repair, you may be the owner of a real lemon. If that is the case, you have rights as well as some responsibilities to deploy those rights.

The descriptive term “lemon” applies equally to a defective or malfunctioning car as to a citrus fruit. Basically, the California Lemon Law holds the manufacturer of a car responsible for the proper and satisfactory functioning of the car while it is under its warranty period. This also assumes that the owner of the car exercised good judgment and care of everything that would logically be expected of the car owner.

Does the car warranty matter? Of course. The repair is covered under the vehicle warranty or extended warranty, but it’s always in the shop. In many states, arbitration is used to solve problems when a car still under warranty turns out to be a lemon. If the vehicle is new, it should come with a warranty that includes a money-back option. This may be something to note to yourself next time you are shopping for a new car, since shopping for the right warranty is just as important as the car and the price you negotiate.

You must report the defect within a reasonable timeframe, or before the warranty expires. Report it to the dealer and do it in writing, and make sure you save your copy. If it malfunctions while under warranty, the manufacturer is held liable for repairs. Basically, California’s Lemon Law, sometimes also known as Consumer Warranty Law, specifies that the manufacturer carry a high degree of responsibility for sold products.

Almost every state has passed a lemon law, a statute that exists to backup the manufacturer’s written warranty that comes with the vehicle. The degree of liability and responsibility varies widely from state to state, so make sure you know what the lemon law is in your state.

The bottom line is that you as the purchaser of the vehicle have responsibilities for proper maintenance of the vehicle, which hopefully you would do anyway. But assuming you have done that and still have what is termed a “chronic” problem with the vehicle, you have rights, and it is to your benefit to know what those rights are.

About the Author

Jon is a computer engineer who maintains web sites on a variety of topics based on his knowledge and experience. You can read more about the lemon law and your rights at his web site at http://www.lemon-law-data.com/

Tags: georgia lemon law, Texas lemon law, indiana lemon law, lemon law attorneys, Georgia lemon law, lemon laws, Ohio lemon law, lemon law

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Since lemon law claims are complicated and are not the sort of thing that most consumers handle more than once, there is some advantage to hiring an attorney to help. In many cases, hiring a lawyer isn’t necessary, as the system was designed to let the consumer handle the case without legal assistance. But there are many unexpected circumstances that can turn up in these cases, and most people could benefit from the help of an experienced attorney.

Here are some examples of how an attorney can help:

Speed up the process - Manufacturers are notorious for finding excuses not to pay on a claim. They may be more likely to be cooperative if the consumer has hired legal representation, especially if you have hired one with a proven record of success in lemon law cases.

Arbitration help - Arbitration programs tend to favor the manufacturer. They fund the programs, and many arbitrators are on their payroll, given them ample reason to rule against the consumer. While most states do not regard arbitration decisions as binding, many consumers who handle the cases themselves give up after losing an arbitration decision. The presence of an attorney can help.

Advice in a poor case - Some states require the consumer to pay the manufacturer’s legal costs in the event that the consumer should lose his or her case. These costs can run into the tens of thousands of dollars. If your case is a weak one, an experienced lawyer could save you this money by letting you know ahead of time that you shouldn’t pursue it in court.

In most states, consumers who win their cases are entitled to compensation for attorney’s fees. That being the case, there is a strong argument for at least discussing your defective automobile with a lawyer before you seek a refund or replacement for your defective vehicle.

About the Author:

?Copyright 2006 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.

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

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But, remember that each state is different. Each state has its own requirement for how much should be provided by the previous owner to the current owner. Also, in most cases, any defaults in the vehicle should be presented to the new owner prior to the purchase. If you find that a new car has actually been used, for example, you can have the dealership repurchase it from you or provide you with the new car.

It is important, though, that you check out your state?s exact wording on the lemon law. What should you do if you think someone has violated the lemon law on your purchase?

? Contact your attorney and ask them if they feel that you may have been violated. Many will provide free counseling to provide you with an understanding if you do have a case or not.

? Make sure to keep your paperwork. It is very important for you to have any and all documentation of the car, its history and its current condition in your hand.

? The attorney will tell you about the lemon law of the state and you will decide what the next step is from there.

? You should contact your attorney prior to trying to deal with the company yourself as to avoid more problems.

About the Author: For more information please see http://www.lemon-law-help.co.uk

Tags: Ohio lemon law, used car lemon law, California lemon law, Texas lemon law, Georgia lemon law, lemon law attorney, alabama lemon law, georgia lemon law

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The first step in recovering the losses is arbitration. After 1986, vehicle and consumer good manufacturers are bound by law to assign a company called “the better business bureau” or BBB auto line arbitration, for judging the validity and the outcome of a claim. The BBB assigns an arbitrator who listens to the claims of the aggrieved party and judges the outcome of a case. The arbitrator also listens to the manufacturer’s side of the story and decides whether the owner or aggrieved party is really entitled to the claim. If the arbitrator makes a decision in favor of the owner, then the owner immediately becomes entitled to a refund.

The next step is the courtroom trial and the outcome usually favors the plaintiff because the chances of receiving a refund are very good if the damage is irreparable. The compensation awarded to the owner is usually equal to the original cost of the vehicle. However, in many cases the judge has also awarded punitive damages to the owner, amounting to twice the financial loss caused by the damages. The other types of refund that a plaintiff may receive include the fees of the attorney and a refund for the out-of-pocket expenses that were incurred by the plaintiff, for repairing the vehicle.

The outcome of a case generally favors the plaintiff and there should be no hesitation on his part when it comes to fighting a case in court, if the damages are genuinely inherent and irreparable.

Tags: lemon laws, lemon law attorney, used car lemon law, lemon law attorneys, alabama lemon law, lemon law, Ohio lemon law, Georgia lemon law

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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: alabama lemon law, Florida lemon law, illinois lemon law, Georgia lemon law, north carolina lemon law, indiana lemon law, state lemon law, georgia lemon law

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If you buy a new vehicle, you are sure to have a warranty from the manufacturer. What it does is that it requires the manufacturer to pay for parts and service if any problem arises. Now, if the problem is critical and it falls under the warranty, all you need to do is approach the dealer to resurrect it. And if the dealer cannot fix the problem after a considerable number of attempts, you may have a lemon. Yes, you can claim a lemon law that makes you entitled of a replacement or compensation on part of the manufacturer.

Ohio lemon law came into being to safeguard the consumer’s rights against any flaw that largely impairs its use, worth or safety, and has not been suitably repaired or repaired in a timely manner on part of the manufacturer. Passenger cars, motorcycles, motor homes and “light” trucks are the vehicles covered by the lemon law. Remember, the lemon law is pertinent for the above said vehicles in the first year or 18,000 miles of action, whichever happens first. However, recreational vehicles as well as boats are out of the question. It is worth mentioning that Ohio lemon law is not applicable for used cars.

Lemon laws make sure that the manufactures and dealers reimburse the purchased price of the vehicle or provide a replacement vehicle, if they are unsuccessful to resurrect the problem within a considerable amount of time. Any letdown to act in accordance with Ohio’s Lemon Law is a breach of Ohio’s Consumer Sales Practices Act.

Before a vehicle is said to be a lemon, there are a lot of things apart from the manufacturer’s defect, which are required to be considered. If within the first year of purchase or 18,000 miles of operation, the manufacturer through the dealer has made three or more attempts to fix the problem, but all in vain the law is applicable.

Similarly, if the vehicle does not function for a total of 30 or more calendar days for repairs. If the manufacturer takes eight or more tries to repair a sizeable problem covered by the warranty, it still calls for the enactment of the lemon law. The law also applies when there has been one repair attempt at the most for a safety-related problem, which still remains unresolved.

Ohio Lemon Law also ensures that the automakers and dealers present more information to consumers than before. Consumers should keep good records and an exact maintenance history to stay in safe hands. They should keep all warranty and repair orders intact. On receiving the order, consumers must counter check it to authenticate all the pertinent information. From writing down the vehicle’s problems to filing in the repair records, everything needs to be done. Last but not the least, a consumer should certainly follow the owner’s manual.

Always remember that before you file a lawsuit, arbitration is another way to resolve your dispute. Arbitration can also be compulsory at times. Generally, verdict is given within 40 days after the Board has received the consumer’s application for arbitration. The best part is that the manufacturers pay for arbitration programs irrespective whether they win or lose.

With the initiation of the Ohio lemon law, there has been less problems with automobiles and hence a good number of satisfied customers.

About the Author

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

Tags: lemon law attorneys, Ohio lemon law, California lemon law, alabama lemon law, state lemon law, indiana lemon law, Florida lemon law, Georgia lemon law

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