Thursday, January 30, 2014

Understanding What Are Used Car Lemon Laws

Lemon Car Does it seem like your car is always in for repairs more than it is in the driveway? Or does it come to a point when it needs the same repairs over and over? If such is the case, then lemon law might be applicable to you. In simple terms, lemon law is meant to provide you with legal leverage to seek a refund for the purchase price of your vehicle, and sometimes, reimbursement for the troubles. This law is intended to give consumers a solution when the manufacturer has been given enough opportunities to fix the problem but failed to satisfactorily done so. This also give consumers a solution to problems that may have impaired the normal operations or have affected the value, safety, and the intended use of the vehicle. However, the law is not intended to give remedies for complaints about the fundamental designs of the vehicle, and other non-critical issues such as rattles and squeaks, fading paint, and minor vibrations.

Lemon VS. Rotten Tomato

What this actually means is that, when you have a vehicle that breaks down or fails in some ways, in different ways every time, then you are not going to be covered under lemon law. The appalling truth in this case is that, you don't have legal grounds to be reimbursed, you just have an unreliable, poorly-designed and trouble-prone car, not the one that is defective.

From a legal point of view, the key difference is that a lemon car is seen as a defective product and thus covered under applicable statutes and special lemon laws in a given state. Below are some of the tips how to tell if a car might be covered under the lemon law in a state, what you should do along the way, and how to take the necessary actions.

  • The same repair over and over
The vehicle need to have an issue that is ongoing, or has been occurring repeatedly. And the manufacturer should be given several chances to repair it. Lemon law often applies after when the manufacturer has tried to fix the problem for three or four different times, but failed to provide a lasting solution.
  • Nearly a new vehicle (to you)
Lemon law applies during the first year or two and the first 12, 000 or 24, 000 miles of vehicle ownership, this basically depends on the state. The identification of the problem and other repair attempts should be made during such period. When the problem occurred during the first year of ownership but there were no subsequent repairs made until the later years, then the vehicle is not likely to be covered under the law.

  • You own rather than lease
The law does not often apply to lease cars, as the bank or the manufacturer becomes the actual owner. This usually applies to the original buyer.

  • Keep all documents
These are the documents of every repair done during the warranty period. Also, keep all your receipts. Consumer law will not be applicable unless you have records as proof of all the repairs done. In addition, make sure that the dealership accurately documents the problem and how long the car was in for repair. Moreover, get a repair invoice for repairs covered by technical service bulletins.

Lemon Car: Consumer Protection

When these issues arise, it pays to have the advice of an attorney who is highly familiar with the give state's lemon law, as this would increase your chances of getting the refund.

Tuesday, December 10, 2013

Remedies for Owning Defective Vehicles

Acquiring Defective Vehicle No matter how keen you are into buying your vehicle, defective ones are hard to point out. Some manufacturers don't even know that they are producing defective vehicles. There are a lot of reasons why a vehicle suddenly become inoperable and useless. It may disappoint you especially if you are running out of time for a party or important occasion. Defective vehicles can harm a person, damage another party and be a cause of accidents. If you are the owner of this vehicle, you would probably go red with anger. But, worries aside, you have to think ways how you can get properly compensated from such mishap. That's californialemonlawguide is all about. It will give you advice about the actions you should take if you happen to own a defective vehicle. 

Lemon law as discussed in the previous blog aimed to protect the consumer's rights for safe products. Sale of good acts requires the products to be of satisfactory quality, fit for purpose and as described by the dealer/manufacturer. Otherwise stated, the car can be a lemon and you are entitled to file for compensation. 

If you have a defective vehicle, the first thing you should do is to send it to repair shop. However, when you have done a reasonable number of repair attempts and the dealer can't help adequately. Here are some of the options you can do:

  • If the manufacturer doesn't want to repurchase the vehicle. You can hire a lemon law attorney and file a lawsuit or ask the manufacturer if they provide an arbitration program. (Arbitration will be discussed in the next blog)Turn to the manufacturer.  You can write a letter stating that you want them to buy back your car. It should be sent through a certified mail with a return receipt request. You can check the address of the manufacturer in the manual that you have. Wait for their response. 
  • You can also find if the manufacturer offers an arbitration program through looking in your manual. Then, you can request an application form for arbitration as well as its rules and regulations. 
  • Gather all the necessary documents regarding the car's defect. Compile service reports, work orders, proof of sale, warranty and contract and calendar of the vehicle's downtime. If you wish to enter into their arbitration program, show all these documents and expect a hearing within 40 days. 
  • If possible, don't miss the arbitration hearing to ensure that you know the arbitrators decide on your case. You have the option to accept of reject the results. If you find out that the results were not satisfactory, you can file a lawsuit against the manufacturer. You need to hire an expert lemon law attorney. 
  • Filing a lawsuit can also take time. You will need to attend court hearings. But when the court favors you, the manufacturer has 30 days to pay you. 
Filing a lawsuit or entering into arbitration is complicated and you will need to have enough knowledge about it. At Californialemonlawguide you are given enough information about the courses the actions that you will take to ensure that you will get the right compensation for your defective vehicle. 

Tuesday, December 3, 2013

Understanding Your Rights with Lemon Law

In all the 50 states of the Unite States of America, there are laws that are made to guide and protect the rights of every consumer. Whenever a consumer buy an auto, he or she is protected by the Lemon Law. It is a consumer protection mandate wherein a vehicle was found defective, the manufacturer must acknowledge this defect and take appropriate steps to compensate the consumer.  Vehicles that will qualify as lemon are those that are used for household and personal use. 

Used Car Lemon Law

What is the Lemon Law?

It provides a legal remedy for consumers (buyers and lessees) of used cars which are considered lemons. However, the law requires that the dealer must provide a written warranty which will show that he or she must repair, free of charge, any defects in covered parts or provide reimbursement for the cost of such repairs. If the dealer neglected to repair the car after the consumer tried to ask it, the latter is entitled to a full refund of the purchase price.

How used cars become a lemon?

It's not a fruit! But your car can be a lemon. Under the California Lemon law all consumer products whether it is new or second hand sold within the state with a written warranty are considered a lemon. Used cars that are covered by the lemon law includes the following:
  • The car was bought, leased/transferred after the earlier of 18,000 miles of operation or 2 years from the date of first delivery.
  • It has a price value of at least $1500
  • It had been driven at most 100 000 miles at the time of purchase or lease. 
  • It is used for personal purposes.
If your car satisfies the following conditions, it is considered a lemon, hence, you are protected by the lemon law.

The Burden of Proof

You can't just claim for something that you can't prove about. Your rights are limited to the following:
  • The defect was found out six months after the delivery or it has been deemed to have existed on the delivery day. Your claim will be void if the dealer proves otherwise
  • The consumer can seek for remedies even if the defect was found beyond 6 months after the date of delivery but they will prove that the defect existed at the point of delivery.
  • The court will consider the price paid for the product and the age of it because it is possible that a product will still look good even after 6 months. It happens when the product is brand new.
Some manufacturers try to extend the contract in which you will waive your right for lemon law. However, the California lemon law void such contract. As a purchaser or a lessee, you want to guard your rights against defective products especially expensive ones. However, you should expect that you may pass through the hole of needles before you get your claim.

This blog will help your way as you get your rightful compensation or reimbursement for your defective vehicles.