Nowadays, you do not need to be stuck with a newly purchased car that has recurring problems. Almost every state has approved some type of lemon law, protecting you as a consumer from defective products.
Even if you only suspect that the vehicle you’ve purchased could be defective, it is best that you hire an attorney to represent you. Hiring a lawyer who specializes in lemon laws during the initial stages of the problem could help you save more in the long run.
These lawyers are trained to help you determine if the vehicle you purchased can be classified as a lemon or not. 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. You need to wait for a specified period of time – and if after that period of time the problem still persists, then your lawyer can advise you to push through with your case.
There are times when even if your case does not fall under the lemon law, your lawyer will be able to help you receive proper compensation by filing for a breach of warranty. Although this alternative may not garner you as much compensation as a lemon law case, you have a greater chance of success and will likely receive more than the amount stated in the warranty.
By Damian Sofsian
Monday, December 11, 2006
What Are Your Lemon Law Rights?
When a car is sold to you that is not in the same condition it was advertised to be in or breaks down soon after you buy it due to a long-term problem that existed before you purchased the car, it is considered to be a lemon. Buying a car that is a lemon is unacceptable. You should not have to put up with the consequences involved with the purchase of a lemon car, such as paying for repairs or replacing it. This applies to both a new car or a used car.
What Is The Lemon Law?
The lemon law was introduced to protect everyday people from having to deal with a car that is considered a "lemon" or is faulty, through no fault of the new owner. The lemon law was designed to protect consumers and keep the car sales people honest, whether the sale is private or commercial. As a buyer, if you are told that a car is in good working order and soon after buying it, the vehicle breaks down, there is a big chance that the car was faulty before you bought it, as well as a good chance that the previous owner was already aware that the problem existed.
Every state has different rules and regulations with regard to the lemon law, but they have been set in place for the same reason and that is to protect the consumer from being taken advantage of by a dishonest seller.
Suspect Your Car Is A Lemon? Know Your Rights.
Before purchasing a car, either new or used, it is a good idea to research what your rights are with the lemon law and request a vehicle inspection from an outside company to make sure that the car is in good working order. These steps can help avoid a lemon law dispute after the purchase of a vehicle.
If you have just purchased a new or used car and suspect it is a lemon, you should first ask the private seller or car dealership where you purchased the vehicle to make the repairs, or cover the costs. Even in states with tough lemon laws, you will be required to attempt to resolve the problem with the seller first, which only makes good logical sense.
If they are not willing to repair a vehicle, even though, when they sold it to you, they gave you their word or a written document that the car was in good working order, you have rights under the lemon laws, so use them. There are two ways to exercise your lemon law rights - you can represent yourself or seek professional advice and representation from a lemon law attorney.
If you represent yourself, you must do a great deal of research and educate yourself on how the lemon laws work in your state. Representing yourself can be risky because you don’t have the proper working knowledge of the legal system or may make mistakes that go in the favor of the seller.
A lemon law attorney specializes in the legalities of the lemon law in your state and how best to represent you and your dispute in a positive manner. You will also be given an insight on how the lemon laws work in your state and the legal process, all explained in simple, easy to understand terms. If you have a car that fits this description, a lemon law attorney is likely to be well worth the investment.
By John Arnold
What Is The Lemon Law?
The lemon law was introduced to protect everyday people from having to deal with a car that is considered a "lemon" or is faulty, through no fault of the new owner. The lemon law was designed to protect consumers and keep the car sales people honest, whether the sale is private or commercial. As a buyer, if you are told that a car is in good working order and soon after buying it, the vehicle breaks down, there is a big chance that the car was faulty before you bought it, as well as a good chance that the previous owner was already aware that the problem existed.
Every state has different rules and regulations with regard to the lemon law, but they have been set in place for the same reason and that is to protect the consumer from being taken advantage of by a dishonest seller.
Suspect Your Car Is A Lemon? Know Your Rights.
Before purchasing a car, either new or used, it is a good idea to research what your rights are with the lemon law and request a vehicle inspection from an outside company to make sure that the car is in good working order. These steps can help avoid a lemon law dispute after the purchase of a vehicle.
If you have just purchased a new or used car and suspect it is a lemon, you should first ask the private seller or car dealership where you purchased the vehicle to make the repairs, or cover the costs. Even in states with tough lemon laws, you will be required to attempt to resolve the problem with the seller first, which only makes good logical sense.
If they are not willing to repair a vehicle, even though, when they sold it to you, they gave you their word or a written document that the car was in good working order, you have rights under the lemon laws, so use them. There are two ways to exercise your lemon law rights - you can represent yourself or seek professional advice and representation from a lemon law attorney.
If you represent yourself, you must do a great deal of research and educate yourself on how the lemon laws work in your state. Representing yourself can be risky because you don’t have the proper working knowledge of the legal system or may make mistakes that go in the favor of the seller.
A lemon law attorney specializes in the legalities of the lemon law in your state and how best to represent you and your dispute in a positive manner. You will also be given an insight on how the lemon laws work in your state and the legal process, all explained in simple, easy to understand terms. If you have a car that fits this description, a lemon law attorney is likely to be well worth the investment.
By John Arnold
California Lemon Law - Know Your Consumer Right !!!
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:
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:
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.
By Kevin Bishop
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.
By Kevin Bishop
Lemon Law - When You Need the Expert
Lemon law cases follow a certain sequence, as do most other legal matters. Roughly sixty five percent of the time a lemon law case never reaches the litigation stage. These cases are handled in what is called prelitigation.
Phase I: It goes roughly like this. Joe Jones buys a new vehicle: Ford, Nissan, BMW, it doesn’t matter which kind, they all manufacture lemons; some more than others. Joe drives the vehicle for a month or so then he notices that whenever he hits the brake, the steering wheel shudders and the front end has a tendency to pull to the left of right. Various other things are wrong with the vehicle, but none that are serious or life threatening.
Joe takes the vehicle back to the dealer where he purchased it. Let’s back up a step. He calls them to make an appointment. Maybe they play games, like making him wait two weeks, or maybe not. At the dealer, as soon as he explains the problem to the service writer, they know exactly what’s going on. His isn’t the first vehicle brought back for this problem. Besides, soon after this vehicle came out, the manufacturer issued a Technical Service Bulletin (TSB) describing the problem and some things that might be done about it.
By the way, the manufacture did not send the TSB to Mr. Jones. They never do. Unfortunately the problem is a design fault, so no matter what the dealership does, they can’t fix the problem without replacing the entire front end, redesigned to correct the problem.
Remember, anything, any problem that looks like it can’t be fixed is going to be hidden. It’s going to be hidden because the one thing the manufacturer does not want is for the problem to become a recall. It is sadly true that manufacturers have knowingly allowed cars on the road, whose repeated defects endangered the driver and his or her passengers, rather than mess up their financial bottom line. About the only way a manufacturer will ‘voluntarily’ fix a problem of this sort is if the National Highway Safety Transportation Agency (NHSTA) forces them to by issuing a recall.
So, the technician goes for a ride in Joe’s vehicle. He comes back and says something like, ‘no problem found’ or ‘the vehicle is operating as designed.’ Imagine the owner’s disgust and disbelief at being told the vehicle is operating as designed.
Consumers are not near as stupid as the people at the dealerships seem to think. Joe knows very well that his vehicle shouldn’t shake and dive to the left when he hits the brake.
This is just the opening round. The contestants are sparring, throwing a few jabs, bobbing and weaving, feeling the opponent out. The dealer knows that probably 50% of owners don’t really understand much about modern automobiles, and they will be able to get away with whatever they say. If, for example the owner came back ‘in their face’ as we say in America, perhaps the dealership would sing another tune. Then the owner might find out about a Secret Warranty; but that’s another article, and it’s another way to avoid that nasty old recall.
The dealership may make an effort to fix some of the minor stuff just to keep its credibility as an organization devoted to the well being of its customers.
Now we advance into the seemingly endless round of trips back and forth to the dealership as Mr. Jones tries to get the problem with his front end fixed. It’s pretty darned scary to be driving down the freeway at seventy and have the vehicle shake so hard it feels like it is going to fall apart, or for the vehicle to dart to the left lane like a turkey avoiding the axe on Thanks Giving Day.
Next time he brings it in, the dealer agrees that there is minor braking/shaking problem. What a revelation! Joe has been saying this all along. The dealership analyzed the possibilities and come up with the cause: the wheels are out of alignment. They realign the wheels. Or maybe the service writer gives out some garbledy gook about ‘run out.’ We have even seen, for this exact problem, where the dealership contended that the problem was caused by the way the owner drove. This accusation was entirely unsupported by data. It was in fact absolute horse dirt, but dealers and manufacturers understand the value of the big lie, boldly professed.
Phase II: Five more trips to the dealership, trying to get this problem fixed without result and Joe gets a lawyer. Joe sends all of the paper to his attorney, especially the repair orders. The attorney and his or her staff interview the potential client and reviews the repair orders carefully. At some point they determine that Joe Jones has a good case per the requirements of that particular state’s lemon laws. At this point we are still in what is called prelitigation.
The attorney drafts a demand letter (this is a letter that spells out the legal reasons why the manufacturer should buy back the vehicle or provide a replacement and the vehicle defects, which make the vehicle a lemon, plus the financials if it is to be a refund. If it is to be a replacement the settlement data is spelled out. The demand letter is sent and the manufacturer has approximately thirty days to respond.
Phase III: If the manufacturer wants to settle the case, their return letter will state their offer of settlement. Many times this will be very close to or what the attorney proposed in their demand letter. Other times the manufacturer may make a offer so ridiculous that even the most dour of individuals would fall to the floor laughing. These offers will of course be rejected and the attorney will encourage them to make a serious offer.
The Expert Phase: Another option is that the manufacturer rejects the attorney’s demand. When this occurs, if the attorney thinks it is a strong case that can be won at trial, the case is transferred from prelitigation to litigation. One of the first things that usually happens at this point is that an appointment is made to have the vehicle examined by an expert. Anyone who has watched the assorted crime dramas that proliferate on the TV networks will remember that at some point the experts always appear. In these dramas, usually it’s some blathering psychiatrist doing his witch doctor thing or a forensics expert discussing the grooves and lands in a rifle barrel.
An expert may keep the owner’s vehicle for as much as a week, especially where it is necessary to drive the vehicle under varying conditions to be certain the problem exists. The expert writes a report and it becomes a part of the case file. If the expert verifies the problem, this information may be presented to the manufacturer and they may decide to settle straightaway or continue fighting. Either way, if the expert verifies the problem, it is a good thing for the owner.
At some point the Vehicle manufacturer may want to bring in their own expert, after which it can become a case of dueling experts.
The cost of experts is usually born by the client, however when the case settles, if it settles in the favor of the vehicle owner, the expert costs are recoverable in litigation.
The thing to remember is that manufacturers are going to do everything possible to make the vehicle owner give up and go away. It is absolutely important that the vehicle owner keep this in mind as the weeks drain away. The manufacturer is counting on wearing the consumer down like water on dripping on stone, and at about the same pace.
Experts are part of the process. It is our experience that the experts we use are professional and tell it like it is. If the client’s defects are real, the expert will verify it, even if they are intermittent and report on it. If the defects are not verifiable or weak, the expert will verify this also. This is good for our client and it is good for our firm. We don’t want to lose because when we lose our clients lose and this is a very bad thing.
If you find yourself in a position where an expert is needed, whether it is with Norman Taylor & Associates or with another attorney, tell it like it is and the expert can help you win.
Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law - The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8 http://www.lemonattorneys.com or http://www.normantaylor.com For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.
By Donald Ladew
Phase I: It goes roughly like this. Joe Jones buys a new vehicle: Ford, Nissan, BMW, it doesn’t matter which kind, they all manufacture lemons; some more than others. Joe drives the vehicle for a month or so then he notices that whenever he hits the brake, the steering wheel shudders and the front end has a tendency to pull to the left of right. Various other things are wrong with the vehicle, but none that are serious or life threatening.
Joe takes the vehicle back to the dealer where he purchased it. Let’s back up a step. He calls them to make an appointment. Maybe they play games, like making him wait two weeks, or maybe not. At the dealer, as soon as he explains the problem to the service writer, they know exactly what’s going on. His isn’t the first vehicle brought back for this problem. Besides, soon after this vehicle came out, the manufacturer issued a Technical Service Bulletin (TSB) describing the problem and some things that might be done about it.
By the way, the manufacture did not send the TSB to Mr. Jones. They never do. Unfortunately the problem is a design fault, so no matter what the dealership does, they can’t fix the problem without replacing the entire front end, redesigned to correct the problem.
Remember, anything, any problem that looks like it can’t be fixed is going to be hidden. It’s going to be hidden because the one thing the manufacturer does not want is for the problem to become a recall. It is sadly true that manufacturers have knowingly allowed cars on the road, whose repeated defects endangered the driver and his or her passengers, rather than mess up their financial bottom line. About the only way a manufacturer will ‘voluntarily’ fix a problem of this sort is if the National Highway Safety Transportation Agency (NHSTA) forces them to by issuing a recall.
So, the technician goes for a ride in Joe’s vehicle. He comes back and says something like, ‘no problem found’ or ‘the vehicle is operating as designed.’ Imagine the owner’s disgust and disbelief at being told the vehicle is operating as designed.
Consumers are not near as stupid as the people at the dealerships seem to think. Joe knows very well that his vehicle shouldn’t shake and dive to the left when he hits the brake.
This is just the opening round. The contestants are sparring, throwing a few jabs, bobbing and weaving, feeling the opponent out. The dealer knows that probably 50% of owners don’t really understand much about modern automobiles, and they will be able to get away with whatever they say. If, for example the owner came back ‘in their face’ as we say in America, perhaps the dealership would sing another tune. Then the owner might find out about a Secret Warranty; but that’s another article, and it’s another way to avoid that nasty old recall.
The dealership may make an effort to fix some of the minor stuff just to keep its credibility as an organization devoted to the well being of its customers.
Now we advance into the seemingly endless round of trips back and forth to the dealership as Mr. Jones tries to get the problem with his front end fixed. It’s pretty darned scary to be driving down the freeway at seventy and have the vehicle shake so hard it feels like it is going to fall apart, or for the vehicle to dart to the left lane like a turkey avoiding the axe on Thanks Giving Day.
Next time he brings it in, the dealer agrees that there is minor braking/shaking problem. What a revelation! Joe has been saying this all along. The dealership analyzed the possibilities and come up with the cause: the wheels are out of alignment. They realign the wheels. Or maybe the service writer gives out some garbledy gook about ‘run out.’ We have even seen, for this exact problem, where the dealership contended that the problem was caused by the way the owner drove. This accusation was entirely unsupported by data. It was in fact absolute horse dirt, but dealers and manufacturers understand the value of the big lie, boldly professed.
Phase II: Five more trips to the dealership, trying to get this problem fixed without result and Joe gets a lawyer. Joe sends all of the paper to his attorney, especially the repair orders. The attorney and his or her staff interview the potential client and reviews the repair orders carefully. At some point they determine that Joe Jones has a good case per the requirements of that particular state’s lemon laws. At this point we are still in what is called prelitigation.
The attorney drafts a demand letter (this is a letter that spells out the legal reasons why the manufacturer should buy back the vehicle or provide a replacement and the vehicle defects, which make the vehicle a lemon, plus the financials if it is to be a refund. If it is to be a replacement the settlement data is spelled out. The demand letter is sent and the manufacturer has approximately thirty days to respond.
Phase III: If the manufacturer wants to settle the case, their return letter will state their offer of settlement. Many times this will be very close to or what the attorney proposed in their demand letter. Other times the manufacturer may make a offer so ridiculous that even the most dour of individuals would fall to the floor laughing. These offers will of course be rejected and the attorney will encourage them to make a serious offer.
The Expert Phase: Another option is that the manufacturer rejects the attorney’s demand. When this occurs, if the attorney thinks it is a strong case that can be won at trial, the case is transferred from prelitigation to litigation. One of the first things that usually happens at this point is that an appointment is made to have the vehicle examined by an expert. Anyone who has watched the assorted crime dramas that proliferate on the TV networks will remember that at some point the experts always appear. In these dramas, usually it’s some blathering psychiatrist doing his witch doctor thing or a forensics expert discussing the grooves and lands in a rifle barrel.
An expert may keep the owner’s vehicle for as much as a week, especially where it is necessary to drive the vehicle under varying conditions to be certain the problem exists. The expert writes a report and it becomes a part of the case file. If the expert verifies the problem, this information may be presented to the manufacturer and they may decide to settle straightaway or continue fighting. Either way, if the expert verifies the problem, it is a good thing for the owner.
At some point the Vehicle manufacturer may want to bring in their own expert, after which it can become a case of dueling experts.
The cost of experts is usually born by the client, however when the case settles, if it settles in the favor of the vehicle owner, the expert costs are recoverable in litigation.
The thing to remember is that manufacturers are going to do everything possible to make the vehicle owner give up and go away. It is absolutely important that the vehicle owner keep this in mind as the weeks drain away. The manufacturer is counting on wearing the consumer down like water on dripping on stone, and at about the same pace.
Experts are part of the process. It is our experience that the experts we use are professional and tell it like it is. If the client’s defects are real, the expert will verify it, even if they are intermittent and report on it. If the defects are not verifiable or weak, the expert will verify this also. This is good for our client and it is good for our firm. We don’t want to lose because when we lose our clients lose and this is a very bad thing.
If you find yourself in a position where an expert is needed, whether it is with Norman Taylor & Associates or with another attorney, tell it like it is and the expert can help you win.
Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law - The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8 http://www.lemonattorneys.com or http://www.normantaylor.com For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.
By Donald Ladew
Lemon Law Lawyer Could Be Useful
Since the first lemon law was passed in 1982, all fifty states have enacted some form of consumer protection for owners of defective automobiles. The laws vary greatly from state to state, but the premise is the same – people who buy new, defective vehicles are entitled to receive a replacement or a refund. This works well on paper, but in practice, the process can be rather time consuming and complicated. Some states have rather straightforward requirements for which vehicles qualify; others are far more complicated. Some states allow the owner to sue the manufacturer directly; others require that the owner submit to manufacturer or state sponsored arbitration procedures first.
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:
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.
By Charles Essmeier
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.
By Charles Essmeier
Lemon Law Myths and Misconceptions
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:
# 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.
# 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.
# 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.
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.
By Charles Essmeier
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:
# 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.
# 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.
# 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.
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.
By Charles Essmeier
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