Top Tricks Dealers Use To Keep You From Getting Rid Of Your Lemon

Taking back your “LEMON” or compensating you for your inconvenience is the Legal obligation of the car company. Unfortunately, this costs them money and many will go to great lengths to keep you from taking advantage of your rights under the Lemon Laws.

Here are five (5) common “tricks” car companies use to avoid their Legal obligations to consumers:

• Dealer Trick #1 – Saying you do not have the right number of repair attempts.

The Law is very specific in regards to this matter. But dealers commonly mis-code the reason for the visit so it “appears” that you have not been there for the same reason.

• Dealer Trick #2 – Saying the defect never existed or it’s not the same defect.

This is one of our favorites – the old “Loophole.” A bit insulting isn’t it – as if you were imagining the car breaking down on Interstate 70.

• Dealer Trick #3 – Saying the defect is not “Substantial.”

The fact is that the defect does not need to be substantial under the Federal Lemon Law. The defect must substantially impair the use, value or safety under the State Lemon Law only. And you do not want the dealer determining if it was “substantial” anyway!

• Dealer Trick #4 – Saying the consumer abused or neglected the vehicle.

This is the quick “responsibility shift”- your fault not ours. This is typically a bunch of baloney. For example, if the vehicle is advertised as an off road vehicle, it can be taken off road. If you have kept reasonable service records this “trick” is easily dealt with.

• Dealer Trick #5 – Saying “That’s Normal” or “They All Do That.”

Today’s vehicles should be reliable and operate as advertised. Settling for defects you “can live with” was never part of the bargain when you bought your new vehicle.
Scott Hallman

The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanlemonlawcenter.com.

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Pennsylvania Lemon Law

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.

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 http://www.ihatemylemon.com

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Tricks of Lemon Law

Taking back your “LEMON” or compensating you for your inconvenience is the Legal obligation of the car company. Unfortunately, this costs them money and many will go to great lengths to keep you from taking advantage of your rights under the Lemon Laws.

Here are five (5) common “tricks” car companies use to avoid their Legal obligations to consumers:

• Dealer Trick #1 – Saying you do not have the right number of repair attempts.

The Law is very specific in regards to this matter. But dealers commonly mis-code the reason for the visit so it “appears” that you have not been there for the same reason.

• Dealer Trick #2 – Saying the defect never existed or it’s not the same defect.

This is one of our favorites – the old “Loophole.” A bit insulting isn’t it – as if you were imagining the car breaking down on Interstate 70.

• Dealer Trick #3 – Saying the defect is not “Substantial.”

The fact is that the defect does not need to be substantial under the Federal Lemon Law. The defect must substantially impair the use, value or safety under the State Lemon Law only. And you do not want the dealer determining if it was “substantial” anyway!

• Dealer Trick #4 – Saying the consumer abused or neglected the vehicle.

This is the quick “responsibility shift”- your fault not ours. This is typically a bunch of baloney. For example, if the vehicle is advertised as an off road vehicle, it can be taken off road. If you have kept reasonable service records this “trick” is easily dealt with.

• Dealer Trick #5 – Saying “That’s Normal” or “They All Do That.”

Today’s vehicles should be reliable and operate as advertised. Settling for defects you “can live with” was never part of the bargain when you bought your new vehicle.

Scott Hallman

The American Lemon Law Center was established with you, the consumer in mind, and provides all of the information you need to make your Lemon Law case as strong as possible. If you need further information about Lemon Laws, visit our Web site at http://www.americanlemonlawcenter.com.

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Florida Lemon Law

If you have had the misfortune to buy a ‘lemon’, but are residing in the state of Florida, you are in for luck, as the Florida Lemon Law is a veritable law that can protect you. Now for the newly initiated, ‘lemons’ are products that have a recurrent mechanical problem or fault that cannot be repaired, usually within the warranty period or if the problem persists even after several repairs. There are different lemon laws in the various states in the US so it is always advisable that the consumers check out the details.

What you need to know

In case of vehicles the Florida Lemon Law can be applied only for new ones, no used vehicle fall under its purview. The new vehicle however could be used for family, household or personal purposes. Or it could be a vehicle that has been leased to you for a period of more than a year with a written document indicating that the lessee is assigned for all mending. In special cases, vehicles that are demonstrators but are sold with a manufacture’s guarantee also fall in this category.

Moreover, if the vehicle changes ownership within the first 2 years after its delivery to the initial customer, with both the customers having used it for household, personal or for family purposes, the end customer to whom the vehicle is transferred is also covered under the law.

When you buy or lease out a vehicle in the state of Florida you get the “Consumer Guide to the Florida Lemon Law”. This document gives you vital information regarding your rights as a consumer, offer solutions to problems, a form that you can use to inform the manufacturer about serious faults and also gives you a toll free number that is the Lemon Law Hotline.

Finally, always remember you may be compensated for any defect or situation that may hamper the value, use or safety of your vehicle. However, if the defect or problem arises from the manhandling or modification of the vehicle by anyone other than the manufacture’s service agent or has occurred due to an accident then it is not covered.

Vehicles that do not fall under the ambit of the Florida lemon law

If you possess any of the following you are not entitled to any protection from the Florida Lemon law:

– Motorcycles or mopeds
– Trucks that cross the ten thousand pounds gross weight limit
– Vehicles bought for reselling
– Living amenities of recreational automobiles
– Vehicles that run on tracks only
– Off-road vehicles

Final reminders

The defects that plague your vehicle must be reported to the manufacturer within the “Lemon Law Rights Period”, which is usually within the first 2 years after the delivery date. Time is of essence here as if you delay in reporting then you may lose out on many things including a purchase price refund or a replacement vehicle.

Make sure you keep records of all the repair and maintenance bills and also a repair order in written form obtained from the dealer for each repair. This also includes recording the time and date of the whole repair period. Recording the Odometer mileage is also essential along with a thorough knowledge about Technical Service Bulletins about your car.

Last but not the least and the most important thing of all is to get hold of a lawyer who specializes in Florida Lemon law.

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

Texas Lemon Law

Lemon law, bears no connection with that fruit whatsoever, but deals with the right of the American vehicle owners who have purchased a defective vehicle without being aware of it. Adjudged from this point, Texas Lemon law is an automobile law that supports the consumers who buy or lease new vehicles with severe concealed defects, to get their vehicles repaired, repurchased or replaced. Texas Lemon law was put into effect in 1983 by the Texas Legislature and is administered by the Texas Department of Transportation’s motor vehicle division and motor vehicle board.

Under what circumstances can you file the Texas Lemon lawsuit?

The Texas Lemon law is not applicable for those vehicle-related problems, which are caused by the owner’s neglect, abuse or any unauthorized changes done to it. There are certain pre-requisites for your vehicle to be considered as “lemon” (worthless) and then only are you eligible to file a Texas Lemon lawsuit.

Firstly, it has to be a new vehicle purchased or leased from a licensed dealer in Texas. Secondly, the vehicle has to have severe defect affecting its performance, value or safety, which is covered by the manufacturer’s warranty. Thirdly, the defect must be reported to the manufacturer in writing and he must be allowed to give a reasonable number of attempts (usually four) to rectify it. Finally, the vehicle has to meet the mileage requirement (not applicable for TRVs). After this the owner can file a Lemon law complaint by paying the proper filing fees.

How many chances the dealer stands?

Before filing the Texas Lemon lawsuit, the owner of the defective car must give the manufacturer reasonable chances to fix the problem. To determine this “reasonable” period, you need to pass the Four-times test or the serious safety hazard test or the 30 days test.

– If you take your car twice for repair during the first 12 months or 12,000 miles (whichever comes first) followed by two more in the next 12 months or 12,000 miles and still it is not repaired, you pass the four-times test.

– If you take your car for fixing a serious safety hazard once during the first 12 months or 12,000 miles (whichever comes first) followed by another in the following 12 months or 12,000 miles, then you pass the serious safety hazard test.

– If your car is out for servicing for a total number of 30 days during first 24 months or 24,000 miles and there were two prior repair attempts during the first 12 months or 12,000 miles just after delivery and a sincere defect still exists, then you are eligible to pass the 30-days test.

What does the Texas Lemon law cover?

The Lemon law is applicable to cars, trucks, SUVs, vans, motorcycle, motor homes, all- terrain vehicles and Towable recreational vehicles (TRVs). Moreover, the TRVs must be registered and titled in Texas, built on a single Chassis and must contain one or more life support systems.

Remember, that you must know your rights and have all the records of the repair before you file the Lemon law suit.

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

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Lemon Law Lawyers

Don’t let that sweet-talking manufacturer lead you up the garden path where your rights are concerned. Violation of consumer rights is a serious offence these days and you have every right to stake your claim when stuck with a “lemon”. When you are seeking justice for your “lemon” piece of automobile, it is always worthwhile to hire the services of an efficient lemon law lawyer.

Okay, don’t shrink. It is true that a lemon law lawyer will be a pinch on your pocket, but you can be sure that he will save you a lot of costly legal hassles in the long run. Furthermore, there are many lemon lawyers who don’t even charge you anything until you win the case.

A lemon law lawyer is the best person around to consult. He is the one to guide you through the entire process of claiming and protecting the consumer’s interests. Your vehicle is classified as a “lemon” only after you and the manufacturer have explored and exhausted all the avenues of fixing it within a specified period of time. There have been instances when even though the vehicle did not fall under lemon law, a skilled lemon lawyer had been able to clinch a handsome compensation or even a replacement on grounds of breach of warranty.

If the frightened manufacturer is pestering you to go for an out-of-court settlement, consult your lemon law lawyer on whether this will abide by the rules of the Federal Trade Commission. There are statewide variations in lemon laws and in some states, it is essential that you go through a mediation procedure to be able to sue under the lemon law. It is only a skilled and knowledgeable lemon law lawyer who will be able to guide you through these intricacies of lemon laws.

By far the most obvious advantage of soliciting the help of a lemon law lawyer is that he is well versed in the ways and the tricks of the trade. The manufacturer will leave no stone unturned to deceive you and have you dancing to his tunes. A lemon law lawyer is just the perfect person to have around during these times, as he will know exactly what the manufacturer has on his mind and play his cards accordingly.

A lemon lawyer is just the person to file the lawsuit for you. These are legal formalities that involve a lot of complexities and it is best that you let someone well up in the ins and outs of law to do the paperwork for you. A good lemon lawyer knows that it is best to remain under the jury system of trial, which normally has a soft spot with the claimant who is stuck with a car making all the wrong noises.

When you are going in for a lemon law lawyer, it is best to check his credentials and experience. A lawyer with say two decades of experience in tackling lemon law cases is definitely worth his salt many times over than the greenhorn who is fresh out of college. Lemon laws differ by the state so if you are living in Wisconsin, it is always a good idea to hire the help of a lemon lawyer who has the Wisconsin lemon laws at the tip of his fingers. There is just no need to knock the doors of a New York-based lawyer.

A good lemon law lawyer is your only way out when you have a lemon stalled in your garage and want to glean something out of the notoriously stingy and unyielding car manufacturer.

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

Lemon Automobiles – What is Lemon Law

What is A Lemon Automobile?

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

Automobile Lemon Law

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

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

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

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

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

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

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

– The vehicle has a manufacturing defect that affects its performance, value or safety.

– A constituent part or mechanism of the vehicle has been repaired more than thrice.

– The vehicle meets the maximum mileage law (actually, in some states a vehicle can not exceed a minimum number of miles in usage) and

– Enough opportunity has been given to the manufacturer to fix or propose a solution for the problem.

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

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

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

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Wisconsin Lemon Law

Knowing the lemon laws is not enough. In USA, lemon laws take numerous forms across states. In fact, when you are plagued by a problematic vehicle it is always the best policy to hire the help of a lemon lawyer who specializes in the particular lemon laws of your state.

The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.

A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as “lemon” in Wisconsin if

– It has been bought or rented in Wisconsin,
– It is showing signs of strain within the first year of purchase
– It is showing signs of breaking down before the guarantee period has terminated,
– Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems,
– It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.

An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it’s no use crying foul if your car has a broken headlight or something equally inconsequential.

And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are:

– Conditions that do not affect the use, worth or safety of the vehicle,
– Items not covered by the manufacturer’s warranty,
– Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering,
– Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.

Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.

Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle’s purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.

If the manufacturer, who has apparently not taken your claims seriously, doesn’t respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion’s share of the lawyer’s fees, plus any relief that the court thinks you are entitled to.

With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.

The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.

Under the Wisconsin Lemon Law, justice is never denied nor delayed.

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

New York Lemon Law

What is New York Lemon Law?

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

What defects qualify for redress?

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

What the law requires?

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

How to initiate an action?

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

You can go directly to court but arbitration is cheaper and convenient. You can also opt for mediation with dealers/manufacturers under the rules framed by Federal Trade Commission.

You may go for an oral hearing in presence of your mechanic or seek justice on the basis of the document disclosed. Verdict, which is appealable, is out within 10 days of the final hearing.

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

Available Remedies

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

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

Lemon Law Attorney Claiming Compensation

Lemon law is a state law of the United States, whereby the Government protects the right of the consumers who are deceived with a defective piece of automobile that is still under its warranty period. Lemon law differs from one state to another and like all other legal matters; there are people with specialization in this field who are called Lemon law attorneys. A lemon law attorney will fight your case against the automobile manufacturer / dealer and will help you to receive proper compensation.

The role of the lemon law attorney

Every defective piece of automobile may not come under lemon law and hence before filing any kind of case, it is wise to ascertain with the help of your lemon law attorney, whether your vehicle can be regarded as a “lemon” or not. In spite of varying versions of lemon laws in varied states, it is possible to form a general definition. A vehicle with a severe manufacturing defect (such as to affect its performance, value or safety) that has required repairing on more than four occasions or any vehicle that is not in working condition for 30 days or more within the first year of purchase, can be termed as a “lemon” and is covered by the lemon law.

If you own such a vehicle, you are eligible to file a lawsuit against your car manufacturer. Initially, the manufacturer may try to pull the stunt by saying that in your purchase / lease contract you have wavered the rights by agreeing on a certain clause or may try to persuade you for mediation or even may deny any liability. After receiving the notice of denial of your lemon law claims, let your attorney handle the case.

Your lemon law attorney will then write a letter to the car manufacturer and on receiving the reply (mostly a denial) he will file the summons and lodge a lawsuit. A competent lawyer with lemon law background and experience will help you to obtain a replacement or a refund for the disputed vehicle. Moreover, he will make the manufacturer pay the cost incurred by you on repair and legal fees, too.

How to find a competent lemon law attorney?

Though any attorney can fight a lemon lawsuit, it’s wise to go for a specialized one, with say, 20 years of experience in this field. The prior experience of handling the trials or hearing the similar cases enable the lemon law attorney to know the law thoroughly and to understand the concealed motives of the car company. You can find the reference of such lemon law attorneys in the Attorney Directory from the Resources for Attorneys, who also maintain a website. Moreover, you can find a lawyer from the recommendation of a relative / friend or can contact the bar association for a lawyer referral service. Generally, the attorney should not charge for an initial consultation but you are required to keep your chequebook ready for the following phase.

Therefore before taking a legal action regarding a defective automobile do not forget to consult a lemon law attorney.

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