The Pennsylvania Lemon Law (73 P. S. sec. 1951 et seq.) is a powerful state statute that protects consumers and purchasers of defective motor vehicles. The Lemon Law was established in 1984, and originally protected only those individuals who actually purchased a motor vehicle. In the late 1990’s, with the popularity of leasing a vehicle increasing dramatically, the PA legislature began to see that those individuals who leased what turned out to be defective vehicles were left without a remedy under the Pennsylvania Lemon Law. To that end, the legislature amended the PA Lemon Law in 2001 to include vehicles that were leased after February 11, 2002 for protection under the law. The PA Lemon Law, in a nutshell, provides for a refund of the purchase price or a replacement of the defective vehicle if certain criteria are met with regards to the defective conditions of the vehicle. The defective condition must substantially affect the Use, Value or Safety of the vehicle in question. Whether the Use, Value or Safety is affected for the most part requires application of the common sense test. If the vehicle has problems with the engine stalling while making left turns, that would likely be a serious problem that affects Use, Value and Safety. If the vehicle’s radio doesn’t pick up someone’s favorite station, that likely would not qualify as an impairment under the statute.

The PA Lemon Law provides that the first occurrence of the defect must arise within the first 12,000 miles, and that the Manufacturer be notified in that time frame as well. This notification can come simply in the form of having the purchaser/lessor take the vehicle in to the dealer for a repair. The law provides that the Manufacturer must be given a reasonable number of attempts to cure the defect, and in Pennsylvania there is a presumption that the number of repair attempts is three. An exception to that rule exists in that one occurrence of a defect which might cause death or serious bodily injury would be enough to render the vehicle a lemon. The type of defect necessary to fulfill that exception is not defined by the statute, and there has been no actual case law that has established what type of defect that might be. After the third occurrence of the defect, the purchaser/lessor of the vehicle can bring a claim under the Lemon Law, seeking either a refund of the purchase price or a replacement vehicle. The Lemon Law also provides for recovery of all consequential and incidental damages, which generally include all payments made towards financing, any down payment made, any charges for repair costs, rental car charges, towing charges and the like. Perhaps the most important aspect of the Lemon Law is that it provides that the Manufacturer must pay the consumer’s Attorney Fees and costs if the vehicle is found to be a lemon. This serves to provide the public with free legal representation in Lemon Law cases. It would be hard to imagine a more public friendly statute.

About the Author

Greg Artim is a Pittsburgh Pennsylvania based Consumer Attorney assisting individuals with defective motor vehicle claims in all of Western Pennsylvania. Visit his website at www.ihatemylemon.com

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

ShareThis

What is a lemon car? A lemon or lemon car is an automobile that has a defect that cannot be repaired by the consumer after a reasonable number of attempts. Alternately, if the car has been in a repair garage for 30 calendar days or more for repairs on the same defect, it may also be classified as a lemon car. The term can also apply to a vehicle in which the defect negatively affects the value and safety of the vehicle. Car lemon laws vary by state, so you should consult your own state laws to determine the exact definition that applies to you.

Why is a terminally defective car called a lemon? One can only speculate why the name of a tart yellow citrus fruit came to be associated with defective cars. Lemons are very sour in taste, and traditionally sour tastes have been associated with bad luck. If something negative happens to a person, he or she might say, “It left a sour taste in my mouth.” A salesperson whose big deal falls through might say, “The deal went sour.” It seems plausible that the sour taste of the lemon, with its negative connotations, was used to coin the phrase “lemon car” to describe a car purchase gone sour.

Why were lemon laws needed to protect car consumers? Look at the general definitions of lemon cars shown above. Some quick math will show that a lemon car can be an extreme financial hardship. The last time you picked up your car from the repair garage, were you happy with the bill, or were you dreading it? A car with four to six (or more) attempted repairs, with all the parts and labor charges, can easily add up to thousands of dollars. If your car is stuck in a repair garage for 30 days or more, with the mechanics billing hour after hour of labor, the bill might approach the price of the car itself!

If your car meets your state’s lemon car criteria, you have the right to seek a refund or replacement from the car manufacturer (not the dealer from which you bought it). You are probably entitled to be reimbursed for related costs such as towing, rental cars, and maybe even long distance calls to the manufacturer. Be absolutely sure to keep all bills and invoices related to your attempts to get your car repaired.

If you decide to proceed with a lemon law claim against the manufacturer, it is beneficial to consult with a lawyer that specializes in lemon law cases. A lawyer can help make the stressful process go more smoothly. No doubt are already stressed enough over your lemon car.

Some states have passed lemon laws to protect consumers against defective purchases of boats and even pets. Regardless of the origin of the term, lemon laws are here to protect you. The car manufacturers can hire teams of expensive lawyers, and they know you can’t. Car lemon laws help to level the playing field in your favor.

About the Author:

Bought a lemon car? Visit http://lemonlaws.findcarsforhire.com for free articles and tips on car lemon laws, including definition of a lemon car, lemon law attorneys, lemon law arbitration, state lemon laws and more. This article is copyright 2006 by Doug Smith. Copyright and links must be left intact.

Tags: California lemon law, used car lemon law, lemon law, Ohio lemon law, Georgia lemon law, lemon law attorney, indiana lemon law, lemon laws

ShareThis

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, alabama lemon law, illinois lemon law, California lemon law, lemon law attorney, north carolina lemon law, georgia lemon law

ShareThis

New cars, pick-ups, motorcycles and most vans are covered by our state?s lemon law. This coverage extends for two years from when you buy the car, or up to 24,000 miles.

Your car may be a lemon if what the manufacturer has done to fix it?usually through the garage at the local dealership?have failed. You?ve had four or more problems with the same thing in the first two years you own it, or it?s been in for repairs more 20 days or more in a twelve-month period. This problem must be something that?s covered by the manufacturer?s warranty.

Is this you? If so, you may be eligible for some sort of refund from the manufacturer. The formula for this is a little confusing:

Purchase price ? the purchase price x current mileage divided by 100,000 = your refund. Huh? How much did you pay for the car? That?s your purchase price. Multiple that by the number of the miles on your car and divide that number by 100,000. Let?s say you paid 10,000 for the car and it has 12,000 miles on it. Multiplying those two numbers gives you 12,000,000. Dividing that by 100,000 gives you 1,200. Subtract 1,200 from your purchase price. $8,800 is how much the manufacturer should give you.

As the North Carolina lemon law says, it?s meant to encourage a settlement between you and the car?s manufacturer that doesn?t unduly burden or benefit either side. Frustrating.

If you think your car?s a lemon, you should do a couple of things. First, see what the owners manual from your car tells you to do. This information is obviously going to be skewed in favor of the manufacturer, but your case will be stronger if you jump through the hoops spelled out here.

Next, document everything that happens (to you car, to you, etc.). Keep all the paperwork you get from repairs. Keep track of work hours you?ve lost and things like that. Make notes of everyone you talk to, who they are, their name, what they said, when they said it, etc.

The third thing you can do is pursue arbitration or legal action. This is a pain and an expense, but what else can you do?

The North Carolina lemon law needs to be re-written to make things easier for the consumer. But until that happens, it does you some things you can do. Good luck.

Tags: georgia lemon law, north carolina lemon law, lemon law attorney, lemon law, indiana lemon law, Florida lemon law, California lemon law, lemon laws

ShareThis

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: state lemon law, lemon laws, indiana lemon law, used car lemon law, illinois lemon law, alabama lemon law, California lemon law, Florida lemon law

ShareThis

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

ShareThis

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

ShareThis

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

ShareThis

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

ShareThis

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

ShareThis