Lemon Law Firms are not All Created Equal

Thanks to the world wide web, anyone can promote their services on-line through systems like google adwords. This enables law firms to target specific terms and pay to appear under these terms. There is no filter. There currently is no law against doing so. The disturbing fact is that folks can write anything in their ads that they want – there is no control or protocol. Law firms can tell prospective clients they have 20 years experience in a particular state like Pennsylvania where they have not. While we think this is poor form, we don’t necessarily fault them, they’re trying to make some money. It does mean however, that you may not be getting the service you expect so you need to know who you are hiring.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

Experience – How long has the company been around for?

Honors, Awards and Recognition – Has the company or lawyers received accolades for their service?

Locations – Beware of the fake office! Very few Lemon Law firms have physical offices in other states, but many of them say they do. Try calling the local phone number or stopping by sometime.

Unfortunately, firms sometimes buy “addresses” to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are “of counsel” locations, it means they are not directly owned or operated by the law firm. Be as wary of the “of counsel” lawyer as you would be of the “of counsel” surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

Credibility – In many states, lawyers are not permitted to use the terms “expert”, “specialist”, or “premier” in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway. Rather than accepting the self-promoting tag lines of a law firm, look around and see what community leaders, legislators and the media say.

Former Clients – see if there are testimonials or even blogs from previous clients.

Need more Information? Here are some questions you need to ask a lemon law firm:

– How long has the lawyer been practicing law?
– How long has the lawyer practiced Lemon Law?
– Does the lawyer have a license to practice in the client’s state? (Very important)
– Has the lawyer received any recognition, honors or awards for work performed in the client’s state?
– Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case.
– When was the last time the lawyer received a successful verdict in a Lemon Law case?
– Can the lawyer provide any references of other clients, attorneys, or judges in the client’s state? – If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?
– How is the lawyer compensated?
– Is the client advised in writing at the start of the case what their rights and responsibilities are? – Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? (We have four ASE-certified experts on staff)
– What does the client need to do to assist the lawyer in a case?
– Does the lawyer have a physical office within the client’s state?
– Is a lawyer and/or their staff available to speak with clients on a daily basis?

Authors Michael Sacks and Paul Fleming represent Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of “lemon” cars since 1991. Contact them at www.lemonlaw.com/mail.html or visit their website at www.lemonlaw.com.

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What is the Magnuson-Moss Act?

The Magnuson-Moss Act is also known as the “Federal Lemon Law”. It is a very broad law that covers many types of products. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty. This can include an item as small as a radio, and an item as large as an RV. The other caveat to the Magnuson Moss Act is that the product must be solely for personal use, such as a Television or the vehicle that you drive to work. The Act does not apply to Commercial Use products, such as a roofer’s work truck or the professional landscaper’s lawnmower. If your personal use product suffered a substantial defect while under the original manufacturer’s warranty, the Magnuson-Moss Warranty Act The Magnuson-Moss Warranty Act is similar to many states’ Lemon Laws in many regards. I practice law in Pennsylvania, so I can say that it is very similar to the Pennsylvania Lemon Law. The Magnuson Moss Act provides for a free replacement of the defective product or a full refund of the purchase price, and further provides for recovery of all associated costs including Attorney fees. If the purchaser can show that the product suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, (in Pennsylvania, the number is three (3)) the Magnuson-Moss Warranty Act will provide the choice of the aforementioned relief to the purchaser. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective cars, trucks, vans, SUV’s, motorcycles and RV’s. If your vehicle has suffered a defect while still under the original manufacturer’s warranty, you may be entitled to a full refund or free replacement, plus free legal representation.

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 http://www.pittsburghlemonlaw.com

State Lemon Laws – The Common Ground

Every state in America has its own state lemon law to protect car owners from defective motor vehicles. The specifics of state lemon laws vary from state to state, but they all have the same purpose, and there are several areas of similarity. 1. State lemon laws begin with the explanation of a lemon. Specific conditions are listed that would determine whether a defective vehicle is actually a lemon or not. Typically, a lemon is any motor vehicle that has been purchased by the consumer, found to be substandard in some way, and has been repeatedly and unsuccessfully repaired.

2. State lemon laws allow car makers to try getting the vehicle to work again for a few times before officially considering a vehicle a lemon. However, the actual number differs with each state lemon law.

3. State lemon laws put the burden of repair costs on the manufacturer. All state lemon laws liberate consumers of the expenses of repairs, if the malfunction is brought to light within a specific period of time. Typically, this window lasts up to 24 months from the date of purchase, or 24,000 miles, whichever comes first.

Some state lemon laws also take into consideration the manufacturer’s original warranty, but some state lemon laws allow the consumer to receive free restorations even if they did not purchase the extended warranty.

4. The period of filing for claims varies with each state lemon law. Some state lemon laws allow an extended period of up to 5 years for filing, while others require the car owner to file within the warranty period.

5. All state lemon laws grant consumers a replacement automobile or a reimbursement, following certain criteria. State lemon laws will oblige the manufacturer to grant a replacement vehicle or reimburse the consumer’s money, once certain criteria are met. However, there are different criteria involved with every state lemon law, and you must consult your own state’s lemon law for clarity.

Most state lemon laws entitle the consumer to a replacement or refund after 4 unsuccessful attempts to eliminate the defect.

As for the refunds, there are some state lemon laws that award a full money-back benefit to the consumer, but the majority of state lemon laws take into consideration the owner’s mileage in computing the repayment. Each state lemon law has a different computation for this refund reduction, and you must check with your particular state lemon law to be sure.

6. Only about 50% of state lemon laws charge legal bills to the manufacturer. But perhaps more state lemon laws should include this clause, because there are significantly more cases won in those areas.

You can also find more info on Lemon Laws and Automobile Lemon Laws. Knowlemonlaw.com is a comprehensive resource to know about Lemon Law.

What Is Lemon Law

The definition of Lemon Law is when a car that gives you grave problems right after you buy it. The defect must be extensive and must occur within a certain time or mileage period, usually 12,000 miles or one year. Usually People get the option of getting a refund or a replacement vehicle for a lemon, but they might have to go to arbitration or court to exercise this option.

Lemon Law refers to the statement from the government which is created to protect clients or customers from defects in automobile. An automobile that has manufacturing defect(s) or requires constant repairs after purchase and if the automobile is under the period of warranty, then the vehicle is termed as a lemon.

If any vehicle such as a car is under warranty period and is suffering from a range of faults that prevent a user to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.

Lemon law can be enforced on any vehicle be it 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.

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 valid to vehicles that have been resold and are still under warranty.

To make certain whether a vehicle is a lemon or not one should study certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should also be 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. They are then 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.

Ibrahim Machiwala is a successful writer and publisher of Stock Exchange and legal issues, for more informative articles on Lemon Law, he has written many articles on trade, business, forex, and payment processing

Lemon Laws

Lemon laws are made by United States state laws to help car consumers whose cars repeatedly fail to meet certain standards of quality and performance. The position of such cars is called lemons. The Magnuson-Moss Warranty Act or federal lemon law protects every one of all states and they vary by state. Lemon law may not cover used or leased cars. The Lemon law rights managed to consumers may go beyond the warranties expressed in purchase contracts. Lemon law is just a common nickname for these laws buy every state have their own different names for such laws and acts.

In California, anything mechanical is covered by lemon laws as well as the federal lemon laws. The federal lemon law provides that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.

Used car purchases:
If anyone purchased a used car then there are two situations where he is qualified for cash or other lemon law benefits:

Situation #1: One may be entitled to compensation for breach of warranty if he had one of the following Warranties:

a) Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
b) The vehicle was “Certified” by the Manufacturer (in which case it came with a short Manufacturer’s Warranty, typically 1 year).
c) He purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).

Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer’s Warranty Exists. If he does not have a manufacturer’s warranty of any kind he may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:

Laundered Lemon;
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.

Since Lemon Laws vary from state to state so accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.

“As is” purchases:
If a person knowingly purchase a car in “as is” condition then he accepts the defects and void his rights under the lemon law.

Other lemon laws:
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.

If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).

Ibrahim Machiwala is a successful writer and publisher of Stock Exchange and legal issues, for more informative articles on Lemon Law.

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Alabama, Alaska, Arizona, and Arkansas Lemon Laws

Alabama has very liberal lemon laws. They cover any vehicles used on public highways, excludes vehicles weighing more than 10,000 pounds. Lemon laws cover the vehicle if it took 3 attempts to fix the problem or more than 30 calendar days to fix the problem. Statute of limitations listed in Section 8-20A-6 runs out after one year or 12,000 miles. Alaskan lemon laws are very similar to Alabama. They cover four-wheel vehicles that are used for personal, family or household purposes all of which must require registration. The Alaska lemon laws do not cover tractors, farm vehicles, motorcycles, or off-road vehicles. Vehicle is covered after 3 repair attempts or 30 business days in a shop. Section 45.45.305 discusses the express warranty. Alaska lemon laws cover cars during the express warranty or one year from purchase.

Arizona has some of the most conservative lemon laws. It only covers vehicles under 10,000 pounds, used only for personal transport. Arizona lemon laws allow for 4 repair attempts or 30 calendar days out of service as mentioned in section 44-1264. Arizona cars are allowed 2 years or 24,000 miles as a period in which it can be classified as a lemon.

Arkansas is more like Arizona in with its lemon laws.They do not cover the living areas of mobile homes and RVs, and vehicle over 10,000 pounds, nor does it cover motorcycles or mopeds. All other personal transport vehicles are covered. A vehicle in Arkansas can be considered a lemon after 1 repair attempt if the defect may have caused death or serious injury. After 3 repair attempts (Or 30 calendar days out of service, or 5 repair attempts on separate occasions to repair any non conformities that together impair the use and value of the vehicle) the car can be considered a lemon as well. After 2 years or 24,000 miles (whichever comes last) you may no longer seek a refund for a lemon as listed in section 4-90-403, 12-B.

Steve Gargin owns an operates http://www.lemon-laws-helper.com.

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Does Pennsylvania have a Motorcycle Lemon Law?

Pennsylvania does not currently have a specific Motorcycle lemon law at this time. The Pennsylvania Lemon Law currently only applies to personal use cars, trucks, vans and SUV’s, for the most part. Fortunately, however, you may be able to bring a lemon law-type claim if you have purchased a defective motorcycle. If your motorcycle suffered a substantial defect while under the original manufacturer’s warranty, there is a federal law called the Magnuson-Moss Warranty Act that covers motorcycles that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a motorcycle would be covered by this law. The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards. Like the Pennsylvania Lemon Law, 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. If the purchaser can show that the motorcycle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, the Magnuson-Moss Warranty Act will provide relief to the purchaser. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a motorcycle is a prime candidate to use this law in the event that he purchases a “lemon”. In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective motorcycles. If your motorcycle has suffered a defect while still under the original manufacturer’s warranty, you may be entitled to a full refund or free replacement, plus free legal representation.

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 http://www.ihatethislemon.com

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