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August 11, 2014 By Lemon Law Pro

Variations In Lemon Law

Lemon Law LawyersMost states have an automobile lemon law in place to protect car buyers. These also insure that car manufacturers work to help purchasers if certain problems repeatedly occur during the car service contract period.

A lemon law will not guarantee that you will not face the inconvenience of dealing with a lemon. But it does protect your investment if you do purchase a car that is classified by your state’s law as a lemon.

If you are having difficulty with your car while still under guarantee, you should research the law in your particular state. Determine whether the problems that you are having might warrant protection under the state law. The lemon law will both describe the obligations of the car manufacturer and help you decide whether or not your vehicle truly is a lemon.

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Again, this varies from state to state. So, it is important to research the information for the applicable state. A law that applies to one state may or may not be similar to the laws of another state.

For example, repeated defects with items covered under the car guarantee may not necessarily constitute that car being a lemon under the your state’s law. While the manufacturer will still be obliged to attempt to fix the items covered under the car service contract, the lemon law of your state that might guarantee you a replacement or refund may not apply.

The law may only apply to certain car guarantee items. In some states, it applies only when a dangerous condition exists. And it only applies then after it cannot be repaired in a reasonable effort. Other states may be more favorable to the buyer. In those states, the law may apply to car service contract items that do not necessarily create a dangerous driving condition.

A lemon’s legal definition varies from state to state depending on the specific law. Many car buyers make the incorrect assumption that just because they are unhappy with their car that they are protected under the lemon law. But this isn’t always true.

The lemon law may require that the manufacturer try unsuccessfully to correct a particular problem multiple times before the car is officially declared a lemon.
Some states require only one failed repair attempt for severe issues, such as a faulty braking system. However, most states require that the manufacturer attempt to repair less grave problems two to four times before the car is declared a lemon under the lemon law.

Also, problems that result from improper maintenance or mistreatment will not be covered under the car service contract or under the automobile lemon law.
You, as the car owner, should take care to uphold your obligations under the guarantee. For instance, the vehicle must be serviced at specified intervals. Failure to do so, or to retain documents proving the service, could result in you being held responsible for the car’s defects. If you are found at fault, it is likely that you will not be protected by either the car guarantee or the lemon law.

August 11, 2014 By Lemon Law Pro

The Californian Lemon Law

Truck RepairBuying a car is a major investment, second only to buying a home. Before the emergence of the California Lemon Law, consumers felt they had little to no options for recourse if the car they purchased turned out to be a lemon.

A “lemon” is a vehicle that requires extensive repairs before the car guarantee period ends, or one that has major problems that could cause injuries or death if they’re not fixed. Car dealers try to pass these “lemons” off as safe, reliable vehicles, and don’t disclose the issues that could occur when driving the vehicle.

These “bad” dealers hope the issues won’t appear until after the car service contract period expires. This causes a multitude of safety concerns that the driver isn’t even aware of. California lemon law protects you by offering protection without your having to enter into costly court battles, during and after the car warranty period.

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The original version, enacted in 1970, allowed for consumers to receive a new car or a refund if the car they purchased could not be fixed after a sensible number of attempts. The trouble with this first version of the Lemon Law was that customers and car dealers differed on the number of automobile warranty repairs they considered “reasonable”. Would you think taking your newly purchased car in for repairs 30 times within the car warranty period a reasonable number? Of course not, but unfortunately, many car dealers felt that was reasonable.

The most recent protections to customers provided under the Lemon Law allow consumers to obtain a refund or replacement vehicle if the vehicle needs repairs within the car guarantee period of 18 months or 18,000 miles. Also, if a new car is purchased that has mechanical defects that could cause injuries or death, Lemon Law automatically guarantees a refund or replacement vehicle if the car has not been successfully repaired in two attempts or less.

Lemon law helps give you peace of mind when making such a large investment, both financially and in regards to safety.

As Lemon Laws became more strict between the years 1996 and 2001, California consumers who purchased vehicles considered to be “lemons” received close to one billion dollars in relief under the the law. Furthermore, customers of California have a program that works side by side with the Lemon Law.

Do you suspect your newly bought vehicle is a lemon? Before rushing into a costly court battle, start with the California Arbitration Certification Program. If the manufacturer where you purchased the vehicle participates in the program, you can save time and expense by entering arbitration under the Lemon Law. The California Arbitration Certification Program helps customers like you receive fast and fair results.

California lemon law has become so successful and beneficial to customers that it is now the model for other states to create their own versions. In fact, in 1989 the Minnesota Attorney General wrote, “State new car lemon laws are the single most important advance in consumer protection in the last decade”.

August 11, 2014 By Lemon Law Pro

Lemon Law And Your Car

Vehicle BreakdownJust what do lemon laws cover? It is wise to check into your own state’s laws.

On average, the lemon law covers vehicles that show a problem or problems in a major part of the car. The problems must become obvious within the first twelve to twenty-four months (or 12,000 to 24,000 miles) of ownership.

The defect cannot be something minor such as flaws in the paint job, minor repairs, or cosmetic wear. It must be something that needs repeated repairs within the time frame. The timeline and major problem or problems prove the car is unsafe or inoperable.

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After purchase, your car may need some repairs. This is not the time to look into the lemon law. Initial repairs should be covered under your vehicle guarantee or extended service contract. A vehicle service contract and an extended guarantee cover different time lengths and parts of the car. Read your vehicle service contract to decide time and parts covered; some provide free repairs for all parts for the first six months. The lemon law applies after you use the vehicle warranty for repairs and continue to experience numerous problems with the car.

Most states do not cover used cars under the lemon law. The exception is if it was sold as a “Certified Used Vehicle”. This label makes the car “new” in terms of the lemon law. A certified used vehicle means the automobile has a vehicle service contract from the manufacturer.

The manufacturer does not cover an extended guarantee. Instead, extended warranties are bought through the dealer as a type of insurance. Extended warranties provide some repairs beyond the regular vehicle service contract. Remember to read what is covered under your vehicle’s extended warranties. Specific parts of your car may be repaired, while others are only covered in the original vehicle guarantee.

To qualify under the lemon law, you must show the car’s problem or problems on the same part under the time frame for your state. If you take your vehicle to the repair shop for a transmission problem that occurs frequently and cannot be fixed, then your car will likely qualify. If the car needs repairs on different parts, such as the radiator and a different problem in the transmission, then it probably will not qualify. Most states do allow the putting right of related parts, which shows the car’s major problem or problems. Remember to always keep paperwork on all repairs.

The dealer has a responsibility to make necessary repairs under the lemon law. The dealer has the right to keep the vehicle up to 30 days total in the shop. The dealer must attempt repairs – up to three to four times for issues causing the car to be inoperable, such as shaking. The dealer is allowed up to one to two times to correct grave issues such as repairing brakes or steering. The number of repairs allowed by the lemon law is determined state by state.

Your vehicle will likely qualify if the car needs repeated service contract repairs to the same part after your purchase. If the dealer cannot sort out the repairs in the state’s time frame guideline, then your car may qualify for compensation or replacement under the lemon law, and it is time to consult with a lemon law attorney.

August 11, 2014 By Lemon Law Pro

Why You Need To Keep Records In Lemon Law Cases

Keep RecordsIf you think your car might be a “lemon,” start by doing a quick checklist. If your car makes odd noises, but otherwise drives just fine, you might not have a car that falls under your state’s Lemon Law. But if you are experiencing major defects with the car (its engine, drive axle, brakes, steering or radiator, for example), you might want to start a paper trail. You could have a lemon.

With any issues you might be having, check your car warranty first. Give the manufacturer an opportunity to put right it (this can be up to 3 or 4 attempts to repair a problem). At this point, a Lemon Law attorney may not be essential.

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If you are experiencing major problems with your car, however, the most important thing you can do is keep all receipts and records concerning your vehicle. Be sure you have a copy of the car guarantee in a safe place. Keep all receipts concerning repairs that have been made to your vehicle. You might also want to consider keeping a log or notebook that contains all of this relevant information, including the number of days as a running tally that it was kept in the shop for a related problem. Start to research the Lemon Law in your state.

You may also want to research whether any ‘service bulletins’ have been issued for your make and model of car (this can be accomplished with a simple web search). Do your homework, copy any information you find and put it in your notebook. Keep logs, as you may need this information later on in the event that you need to file a claim under your state’s Lemon Law.

In most states, the Lemon Law provides a legal remedy for consumers who purchase a car that turns out to be a lemon. Dealers are required to give you a written car warranty under which a dealer must repair, free of charge, any problems in covered parts. In some cases, the dealer may have the option to reimburse you for the reasonable cost of repairs; check your car guarantee to see if this applies to you.

But if your car needs excessive repairs, start researching the Lemon Law statutes in your state. Many problems during the car guarantee period may not constitute a defect, but one grave problem or problems might be a breach of the Lemon Law. Note the dates of all repairs to your car in a notebook, and how long your car was “in the shop” and “off the road.” Make the receipts for repairs in a safe place. At this point you may want to look into finding a Lemon Law attorney in your state.

If you think you might be driving a lemon, gather up all of your paperwork. Become familiar with your state’s Lemon Law statute. Compile a list of Lemon Law attorneys. Check with the Attorney General’s office in your state for more information on the certain statutes.

Besides the car service contract, be sure you have each and every work order performed on your car, as well as any service bulletins issued that may relate to the problem or defects you’re having. Nearly every Lemon Law statute will include a list of records that are important to keep. Any reports or correspondence you’ve received from the dealer will also be important in case you decide to make a claim under your state’s Lemon Law.

It is a long paper trail, but if kept effectively, you will know rather quickly whether you are dealing with a chronically ‘sick’ car, or just normal car repairs.

August 11, 2014 By Lemon Law Pro

How Not To Buy A Used Car That’s Already A Certified Lemon

In The GarageEvery state has its own version of the lemon law. The general idea is that you will receive a refund or a replacement vehicle if your car is found to be a lemon. A lemon is a car that requires wide-ranging repairs during the vehicle guarantee period, or a car that has mechanical problems that cannot be fixed.

Check the Car Thoroughly: Inside & Out

Most car customers check the car’s exterior for damages. Some even check the condition of the interior. If you want to avoid having to use the lemon law, you’ll give the car you’re considering a very thorough inspection. You don’t want to rely on the vehicle service contract – even if you plan on getting an extended service contract – to take care of any essential work that might be required after you purchase the car.

Under the Hood

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Look under the hood. For this step, you need someone who really knows cars. Lemon law helps you if you drive away with a vehicle that is dangerous to drive or requires extensive correct work that you were unaware of. But why buy a lemon in the first place?

Press gently down on the accelerator and listen for noise in the engine. Large knocking noises are never a good sign. Test drive the car for at least half an hour. Lemon law covers undisclosed dangerous cars, so drive carefully. Don’t listen to the radio (except to test it). Open the window, and listen to the sounds of the engine as you drive. Do the gears shift smoothly?

Verify Paper Work

Ask the dealer to show you the car’s title. You’re looking for the name of the previous owner. Write it down, and give the person a call to ask them about problems they had with the car. Corroborate the mileage with the owner. Don’t forget to ask if it was traded in under the Lemon Law.

A vehicle guarantee won’t cover everything, not even the extended guarantee. You could be left with problems that occur long after the vehicle guarantee has ended. Then you’re stuck with a lemon and with no recourse to the law, because the car’s defects weren’t noticed straight away.

Read the warranty carefully to see what type of repairs and defects it will cover. After looking over the extended warranty, decide whether or not the car you want is worth the extra money.

Get a Car History Report

Write down the vehicle’s VIN and take it home with you. With it, you can check the vehicle history report on the internet. The lemon law of some states require this report in order to make a claim. It details all previous owners and any reported accidents. Of course, this report isn’t a foolproof way to avoid the lemon law, since not all accidents are reported. There could be damages to the engine that are not visible.

The large investment you plan is worth the research. Do your homework, deal only with reputable dealers, and hopefully you can avoid having to do any research on your state’s lemon laws.

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Your hopes were high, you'd been visiting the dealers for months getting everything right about your new purchase, you signed the agreement and the order was placed. Within a month it arrived - your brand new convertible in that perfect shade of blue. Then you drove it back home...

They happen all the time - the 'Friday afternoon' car. Sometimes the dealer will see it your way and arrange a replacement - sometimes they'll dig their heels in. If that's the case you have to start squeezing them with your weapon of last resort - the Lemon Law.

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