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August 11, 2014 By Lemon Law Pro

The Lemon Law In Practice

Under The HoodThe “Lemon law” protects customers of motor vehicles and enforces the vehicle manufacturer’s expressed guarantee. All “under service contract” vehicles are covered under the lemon law, and it applies to vehicles for a specific amount of time after the vehicle is purchased, depending on the state in which the vehicle is registered.

Unfortunately, there are many unethical people out there trying to make a quick buck on a “laundered lemon.” This is basically taking a car that falls under the lemon category and re-selling it to an unknowing customer. These cars are usually re-purchased by the manufacturer (because of endless complaints or problems) and then re-sold without divulging the vehicle’s history. Some cars, though repeatedly repaired, are not lemons, making it hard, sometimes, to distinguish among the two.

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Most states prohibit lemon laundering, and cars that have been labeled a lemon are never supposed to be re-sold. Unfortunately, with interstate transactions there are loopholes and companies willing to take advantage of them. Many car manufacturers try to scam the system by shipping a lemon law vehicle out of state and then sending it to auction to be purchased by an auto dealer. When the vehicle is eventually sold to a purchaser, the dealer will usually deny any knowledge of its lemon-colored background.

A lemon law attorney can help consumers if they feel they have bought a vehicle that fall under the “Lemon” category. Sometimes, hiring an attorney is required to make certain you either get your money back for your vehicle or get a replacement auto at no cost. Because of the large number of these cases, there is no trouble finding advertising for lemon law attorneys. As a part of the settlement or court’s requirements, in most cases, the automobile manufacturer is required by law to pay for your attorney.

Many people lost their vehicles and even their lives before the lemon laws were pushed through. It was enacted to protect you from buying a defective new or “under warranty” vehicle. If a new vehicle has been in the fix shop under a vehicle service contract four or more times and the problem still exists, the vehicle may qualify as a lemon law vehicle.

Sometimes, it becomes very difficult for consumers to fight a lemon law battle. For example, repairs are made to your vehicle and you feel it still does not measure up to the car warranty. But the manufacturer or dealer believes that the car is in total working order. It’s then time for a lemon law attorney to be brought in.

It’s easier said than done for a consumer to prove that he/she has purchased a lemon. A new car is usually the second largest purchase you make. Keeping full records of all essential work, contacts and maintenance provides the trail proving “good faith” care of your vehicle. It is important to keep those vehicle fix documentation in writing for potential lemon law cases. But, sometimes the only way to get help is to find a lemon law attorney.

August 11, 2014 By Lemon Law Pro

The Lemon Laws That Cover Your State

Roadside RepairsEvery state has its own version of the Lemon Law. California was the first to enact one in 1970, and to date has the most comprehensive legislation. Every states’ version of the lemon law strives to ensure that a defective product (car) is not sold, and if it is, the vehicle should be repurchased or replaced.

Most states define a lemon law car as a car that has a major or chronic problem. A lemon car has to have spent more than 30 days in the repair shop, have had at least four attempts made at replacing or repairing the same problem area, and most of all, the problem area must be covered under your manufacturer’s guarantee. If the vehicle’s problem is not covered under the manufacturer’s warranty, then it does not qualify for lemon law.

Before you seek legal advice, give your dealer a good chance to repair the vehicle, and go up the ‘chain of command’ talking to a service manager or even the distribution outlet manager before deciding to go to arbitration or court.

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Keep records of all repairs on your car, make sure your receipt clearly states your concern, the mechanic’s diagnosis, ‘the cause’, and how the problem was fixed – ‘the correction’. All together these three factors are sometimes called a ‘story.’ Make sure you have one for every visit to the distribution outlet and that it is signed by your service representative, be specific it has the times and dates on it too.

When you do decide to seek legal advice, lookup the Better Business Bureau online. “lemonlaw.bbb.org” has many facts by state and in most cases is the first step to filing your lemon law claim via e-file. The BBB also sometimes serves as an arbitrator or will refer you to a Lemon Law arbitration firm.

You should also seek a lemon law attorney at this point, again there is a list on the BBB website, it will also be in an advertisement for the lawyer. Seek references for your lawyer and look at his/her record, do they win? Does the lawyer look you in the eye and treat you sincerely? If not, find another lawyer. Your attorney can help you decide whether to arbitrate or take it to court.

An arbitrator is a third party that both the manufacturer and the person filing the complaint agree upon to decide the outcome of the lemon law case. The arbitrator’s decision is legally binding and there are no appeals. This course can be the best if you feel you have a clear cut Lemon Law case and do not wish to spend allot of time and money on a long court process.

The details of lemon law are different from state to state, but the gist of each of them is the same – to protect the purchaser. With a little research you’ll be well prepared to take the course of action you deem appropriate.

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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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