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.

The North Carolina Lemon Law

The North Carolina lemon law (known also as the New Motor Vehicles Warranties Act) applies to all new motor vehicles sold in the state that are under 10,000 pounds. The law covers vehicles that are either purchased or leased.

As per the North Carolina lemon law, if a vehicle has a serious defect that prevents it from conforming to its warranty and the consumer reports the problem within the express warranty period, the manufacturer has the obligation to repair the nonconformity. A serious nonconformity is one that substantially affects the vehicle’s use, value, or safety. If the manufacturer is unable to repair the nonconformity after a reasonable number of attempts, the vehicle must be repurchased or replaced at the discretion of the consumer. The manufacturer is presumed to have had a reasonable chance to repair the nonconformity after 4 unsuccessful attempts to repair the same nonconformity, or after 20 business days in which the vehicle was out of commission to repair one or a series of non-conformities.

In order for this presumption to apply, the consumer has to notify the manufacturer in writing of the defect, and give the manufacturer up to 15 days to make repairs. The consumer must also give the manufacturer written notice of intent to file a claim under North Carolina lemon law at least 10 days before submitting the claim.

The manufacturer has no liability if the nonconformity was caused by abuse, odometer tampering, or modification by the consumer. Additionally, the defect must have become apparent within the first 24 months or 24,000 miles.

Before filing a North Carolina lemon law claim with the judiciary system, the consumer must attempt to resolve the problem with the manufacturer’s settlement board, if it has one, and if the board is certified and information about the lemon law process was included with the warranty at the time of sale.

If a vehicle that was purchased by a consumer is repurchased by the manufacturer under North Carolina lemon law, the manufacturer must pay the full purchase price of the vehicle including charges for service contracts and warranty(s), dealer preparation and delivery, installed options, tax, tags, and registration, finance charges incurred after the consumer first reported the nonconformity, and any costs that were a direct consequence of the nonconformity.

The manufacturer is entitled to a reasonable offset for the consumer’s use of the vehicle. The offset is calculated by dividing the number of miles driven by the consumer by 100,000, and multiplying the result by the purchase price.

If a leased vehicle is repurchased under North Carolina lemon law, the lessee (consumer) will receive a sum that includes all payments made on the lease, including tax, tags, registration, and other government fees paid upon obtaining the lease, and any costs that were a direct consequence of the nonconformity. The reasonable offset for usage of the vehicle is subtracted from this total, as calculated above.

If a vehicle is replaced under North Carolina lemon law, the replacement must be a comparable new vehicle that is similar to the original. No usage offset may be applied.

Greg Artim is an Attorney based in Pittsburgh Pennsylvania. For more information on Lemon Laws in North Carolina or any other state, please visit http://www.50stateslemonlaw.com . If you are driving a Lemon in Pennsylvania, please visit his website at http://www.ihatethislemon.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

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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