Showing posts with label Lemon. Show all posts
Showing posts with label Lemon. Show all posts

Monday, July 11, 2011

Consumer Protection in the Form of a Used Car Lemon Law


Lemon law was created to protect consumers from faulty and defective automobiles. Used car lemon law refers to legal support to consumers from buying used cars that turn out to be lemons. According the used car lemon law, the dealer needs to provide a written warranty. The written warranty as per used car lemon law ensures that the dealer shall repair, free of charge, any defects in covered parts or, at the dealer's option, provide reimbursement for the reasonable costs of such repairs. If the dealer is unable to repair the car after a reasonable number of attempts, then according to the used car lemon law consumer is entitled to a full refund of the purchase price.

Several norms govern the enactment of the used car lemon law. Different states have different used car lemon law. Some states in United States do not enforce used car lemon law. Various norms for used car lemon law are that the vehicle should have been purchased, leased or transferred after eighteen thousand miles of operation or two years from the date of original delivery, whichever occurs earlier.

The vehicle under used car lemon law should also have been leased from the same state where the law is enforced. The purchase price of the vehicle under used car lemon law should have been purchased or leased at least at a price of $1500. The vehicle should be primarily for personal use and should have been driven 100,000 miles or less at the time of purchase or lease.

According the used car lemon law it should be primarily for personal use or for the use of family or household purpose. Used car lemon law is not applicable to cars purchased from individuals or independent sellers.

Under the used car lemon law, a dealer is any person or business which sells or leases a used car after selling or leasing three or more used cars in the previous twelve month period. Banks or other financial institutions, except in the case of a lease, are not included. Similarly, a car purchased from a retail auto auction is also covered. In such a case the auction company should be registered with the Department of Motor Vehicles. During any sales by an auction company or the dealer, the seller must provide the lemon law warranty at the time or before the sale. In cases where a dealer fails to give you the written lemon law warranty, the dealer is nevertheless considered to have given the warranty and you are entitled to all the protections under the law.

The used car lemon law sets only the minimum obligation for the dealers. However, a dealer may choose to provide additional warranty or may limit the coverage of the vehicle under warranty. The exclusion may include service or repair asked for due to consumer negligence, vandalism negligence, collision, abuse or theft, etc. Exclusion can also be for motor tune-up or repairs asked if the odometer has been tampered. There can be other several exclusions depending upon the dealers warranty provided.

Different states have different contact points or toll free numbers where the consumer can obtain free information about used car lemon law. One needs to check out the contact numbers for a particular state where the used car lemon law needs to be enforced.




Earl Powers, US Lawyer and Used Car Lemon Law expert - focusing on Car Lemon Laws and State Lemon Laws



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General Information Regarding Lemon Laws and How to Start the Process


Lemon law issues are relatively new in the legal arena. These laws are ones which are used to protect consumers in the purchase of automobiles. The enactment of these laws was for the purpose of providing legal avenues for individuals to pursue when they were sold a defective vehicle. The following paragraphs will describe lemon laws and show how one can go about starting the process to bring a lemon law claim.

What Are Lemon Laws?

Lemon laws are laws which aid individuals in pursuing claims against car manufacturers when they purchase a defective new vehicle. These laws help individuals to pursue their claims against corporate giants, so to speak, and give the car buyers avenues to bring suit against manufacturers who produce defective automobiles. These laws apply in certain circumstances with regard to defective automobiles and lemon laws are inapplicable with regard to car dealerships.

Application of Lemon Laws

Lemon laws will only apply in certain circumstances when it comes to defective components in a newly purchased automobile. For example, one can only bring a Lemon law claim against car manufacturers when the defective component of their new car is a single defect that causes repeated problems. In other words, a car which has various problems and each only occur once would not be considered a lemon car.

Also, as Lemon laws vary from state to state, there will be different requirements in order for the car to be deemed a lemon. As a general rule, most states require that the defective component will have had to have numerous repair attempts before the automobile can be considered a lemon. These repair attempts are ones which many states require to be attempted during the warranty period.

How to Start the Lemon Law Process

The Lemon law process is one which will vary from state to state. In certain states, an individual can pursue a claim under Lemon laws without having the assistance of an attorney. On the other hand, some Lemon law claims are quite involved and the aid of an attorney is highly recommended in order to better understand the procedure and have help in pursuing one's claim in a clear and concise manner.

Prior to bringing about a claim based on the Lemon laws, one must be sure that they qualify for protection under these Lemon laws. Therefore, one will benefit greatly by obtaining more information regarding Lemon laws in the state in which the individual lives. Much of this information can be gained from local governmental entities and the Internet. Many state government websites now include information about state Lemon laws and provide detailed guidelines on how to start the Lemon law claim process. This will at least give individuals a starting point relative to bringing about a claim under the Lemon laws. One may also wish to have a consultation with a local attorney regarding the Lemon laws to learn more about these laws and determine whether legal representation will be necessary to pursue this claim.

Possible Remedies under the Lemon Laws

The Lemon law process is not one which will take a few days to resolve. As with any legal matter, the process may be a timely one. However, it is worth the extra time and effort to make it more likely that the consumer will receive certain remedies under the Lemon laws. Again, Lemon laws vary from state to state and therefore, so will the remedies concomitant with these laws. There are a few different types of remedies which may be offered to the consumer if it is determined that the automobile manufacturer violated these Lemon laws.

Some of the possible remedies available to the consumer may be replacing the Lemon vehicle with a new one, having the manufacturer buy the car back from the individual plus any costs expended by the consumer and perhaps even award legal fees. The purpose behind awarding remedies is to make the wronged individual whole again.

Conclusion

Lemon laws were enacted to protect the automobile buying consumer who has been the unlucky recipient of a new vehicle with repeated problems of the same kind. As vehicles are a pricey and necessary investment, the legislature wants to ensure that the money which is expended on a purchase of this type will yield the best possible product. Therefore, if one experiences problems of a Lemon law nature, it is best to find out more about these laws in one's state and take the necessary measures to ensure protection under these laws.




Chris Contessa is an automotive enthusiast that runs several automotive forums and websites. You can find Dealer reviews and ratings at his website: http://www.DealershipRatings.com



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Sunday, July 10, 2011

The Lemon Law in Florida - Stating the Law as it Affects Consumers


The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers' money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida's automobile 'Lemon Law,' or popularly known as lemon law Florida.

Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.

Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.

Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.

Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.




Earl Powers, US Lawyer and Lemon Law Attorney expert - focusing on Lemon Law Lawyers [http://www.lemon-vehicle.com] and Lemon Law [http://www.what-is-the-lemon-law.com]



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