Is there a Federal Lemon Law that covers my vehicle? by Greg Artim
There is, and the law actually applies to more than just vehicles. It is called the Magnuson-Moss Warranty Act. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty. That is a pretty big field if you think about it. This article, however, is going to focus only on the Act as it applies to personal use motor vehicles.
As you may be aware, many states have vehicle lemon laws in place to protect consumers of new vehicles which turn out to be defective. These lemon laws are typically very consumer friendly, but they do have some specific criteria that must be met in order to bring a claim. Each state is different, but as a general statement, many state vehicle lemon laws set forth that the vehicle's defect must occur within the first 12,000 miles of the vehicle's use. What happens if the defect first arises at 12001 miles? In many instances, the consumer cannot pursue a state lemon law based claim. We would all agree that isn't fair, right? The consumer should not be left without a remedy if his vehicle exhibits a defect that occurred under the manufacturer's warranty but after an arbitrary mileage figure.
This is where the federal lemon law (the Magnuson-Moss Warranty Act) comes in. The Magnuson-Moss Act is much broader than the state vehicle lemon laws, and affords nearly identical protections. The Act does not have mileage limitations, and can apply to "used" vehicles as well. (Most state lemon laws apply only to new motor vehicles). Note: The Act will only apply to used vehicles that have warranty on them at the time of the defect. Similar to many state lemon laws, 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. For that reason, this Act is often used as a catch-all when Attorneys file state vehicle lemon law claims.
In summary, in the event that you have a defective motor vehicle, but cannot file a state lemon law claim, there is a federal lemon law that will protect you and your interests. If you have any questions on the federal lemon law, or on the Pennsylvania state Lemon Law, please visit www.ihatethislemon.com
About the Author
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 www.ihatethislemon.com
Wednesday, February 7, 2007
Tuesday, January 30, 2007
How To Utilize The Lemon Law
How To Utilize The Lemon Law by Elizabeth Sinclair
If you find yourself with a lemon of a vehilce, here are some tips to help you utilize the lemon law.
Remember that if you're stuck with a lemon, your complaint is with the manufacturer. Although your instinct may be to blame the car dealer, the dealer is just the middleman for the defective product.
1. Document your repairs and be accurate with each problem. Obtain copies of all warranty repair orders from the dealer and keep notes of your reported problems. Also, keep notes of all conversations you have with service people, including the date, time and participants in these conversations.
2. Contact your state attorney general's office or conduct other research to determine the provisions of your state's lemon law. There are variations in each state's laws.
3. Determine whether your previous efforts to repair the problem satisfy the requirements of your state's lemon law. Most state laws allow the manu-facturer three or four chances to repair the defect or defects.
4. Write to the manufacturer if problems persist. Explain how burdensome it is to continually repair the car, and how your trust in the product's reliability has been shattered. Ask for reimbursement of your related expenses (such as a rental car, if it was needed), or other compensation for your troubled experience. Your particular state's lemon law will prescribe methods for doing so.
5. State in your letter that you wish to exercise your right to a refund or replacement of the vehicle, if you would rather not keep the lemon. Specify which option you desire.
6. Consider hiring an attorney if the manufacturer is unresponsive. Find an attorney who specializes in lemon-law cases. Remember, though, that only some state lemon laws allow a consumer to recover attorneys' fees when suing a manufacturer.
Tips: Your best defense against an uncooperative manufacturer is a thorough, specific and accurate service-record paper trail. This shows that you made the correct number of attempts to have the problems fixed, whether the defect was the same each time, or several different ones.
About the Author
Elizabeth Sinclair is the owner of the popular automotive and car buying website at Buy-Car-Site
If you find yourself with a lemon of a vehilce, here are some tips to help you utilize the lemon law.
Remember that if you're stuck with a lemon, your complaint is with the manufacturer. Although your instinct may be to blame the car dealer, the dealer is just the middleman for the defective product.
1. Document your repairs and be accurate with each problem. Obtain copies of all warranty repair orders from the dealer and keep notes of your reported problems. Also, keep notes of all conversations you have with service people, including the date, time and participants in these conversations.
2. Contact your state attorney general's office or conduct other research to determine the provisions of your state's lemon law. There are variations in each state's laws.
3. Determine whether your previous efforts to repair the problem satisfy the requirements of your state's lemon law. Most state laws allow the manu-facturer three or four chances to repair the defect or defects.
4. Write to the manufacturer if problems persist. Explain how burdensome it is to continually repair the car, and how your trust in the product's reliability has been shattered. Ask for reimbursement of your related expenses (such as a rental car, if it was needed), or other compensation for your troubled experience. Your particular state's lemon law will prescribe methods for doing so.
5. State in your letter that you wish to exercise your right to a refund or replacement of the vehicle, if you would rather not keep the lemon. Specify which option you desire.
6. Consider hiring an attorney if the manufacturer is unresponsive. Find an attorney who specializes in lemon-law cases. Remember, though, that only some state lemon laws allow a consumer to recover attorneys' fees when suing a manufacturer.
Tips: Your best defense against an uncooperative manufacturer is a thorough, specific and accurate service-record paper trail. This shows that you made the correct number of attempts to have the problems fixed, whether the defect was the same each time, or several different ones.
About the Author
Elizabeth Sinclair is the owner of the popular automotive and car buying website at Buy-Car-Site
A General Overview of a Lemon Law Claim
A General Overview of a Lemon Law Claim by Greg Artim
Many states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. If your state does not have an automobile lemon law, you can still be protected by what is referred to as the Federal Lemon Law, or the Magnusson Moss Act. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always give the manufacturer a reasonable number of attempts to repair the problem, and that can vary from state to state. The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair the defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc... The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.
The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer which essentially revokes your acceptance of the vehicle. What that means is that you are attempting to revoke the contract between yourself and the manufacturer, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. After Arbitration, if it is not in your favor, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious, and may begin to entertain realistic formal discussions regarding your vehicle's problems.
This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That's right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.
About the Author
Greg Artim is a Pennsylvania Consumer Attorney focusing on defective auto claims under the Pennsylvania Lemon Law and Breach of Warranty Matters. Visit his website at www.ihatethislemon.com
Many states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. If your state does not have an automobile lemon law, you can still be protected by what is referred to as the Federal Lemon Law, or the Magnusson Moss Act. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always give the manufacturer a reasonable number of attempts to repair the problem, and that can vary from state to state. The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair the defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc... The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.
The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer which essentially revokes your acceptance of the vehicle. What that means is that you are attempting to revoke the contract between yourself and the manufacturer, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. After Arbitration, if it is not in your favor, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious, and may begin to entertain realistic formal discussions regarding your vehicle's problems.
This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That's right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.
About the Author
Greg Artim is a Pennsylvania Consumer Attorney focusing on defective auto claims under the Pennsylvania Lemon Law and Breach of Warranty Matters. Visit his website at www.ihatethislemon.com
Monday, January 29, 2007
Lemon Law
What Are Your Lemon Law Rights?
By: Jon Arnold
When a car is sold to you that is not in the same condition it was advertised to be in or breaks down soon after you buy it due to a long-term problem that existed before you purchased the car, it is considered to be a lemon. Buying a car that is a lemon is unacceptable. You should not have to put up with the consequences involved with the purchase of a lemon car, such as paying for repairs or replacing it. This applies to both a new car or a used car.What Is The Lemon Law?The lemon law was introduced to protect everyday people from having to deal with a car that is considered a "lemon" or is faulty, through no fault of the new owner. The lemon law was designed to protect consumers and keep the car sales people honest, whether the sale is private or commercial. As a buyer, if you are told that a car is in good working order and soon after buying it, the vehicle breaks down, there is a big chance that the car was faulty before you bought it, as well as a good chance that the previous owner was already aware that the problem existed.Every state has different rules and regulations with regard to the lemon law, but they have been set in place for the same reason and that is to protect the consumer from being taken advantage of by a dishonest seller. Suspect Your Car Is A Lemon? Know Your Rights.Before purchasing a car, either new or used, it is a good idea to research what your rights are with the lemon law and request a vehicle inspection from an outside company to make sure that the car is in good working order. These steps can help avoid a lemon law dispute after the purchase of a vehicle.If you have just purchased a new or used car and suspect it is a lemon, you should first ask the private seller or car dealership where you purchased the vehicle to make the repairs, or cover the costs. Even in states with tough lemon laws, you will be required to attempt to resolve the problem with the seller first, which only makes good logical sense.If they are not willing to repair a vehicle, even though, when they sold it to you, they gave you their word or a written document that the car was in good working order, you have rights under the lemon laws, so use them. There are two ways to exercise your lemon law rights - you can represent yourself or seek professional advice and representation from a lemon law attorney.If you represent yourself, you must do a great deal of research and educate yourself on how the lemon laws work in your state. Representing yourself can be risky because you don’t have the proper working knowledge of the legal system or may make mistakes that go in the favor of the seller.A lemon law attorney specializes in the legalities of the lemon law in your state and how best to represent you and your dispute in a positive manner. You will also be given an insight on how the lemon laws work in your state and the legal process, all explained in simple, easy to understand terms. If you have a car that fits this description, a lemon law attorney is likely to be well worth the investment.
Article Source: http://www.superfeature.com
Jon is a computer engineer and long-term world traveler who maintains many websites to pass along his knowledge and findings. You can read more about your rights and the lemon law at his web site at www.lemon-law-data.com/
By: Jon Arnold
When a car is sold to you that is not in the same condition it was advertised to be in or breaks down soon after you buy it due to a long-term problem that existed before you purchased the car, it is considered to be a lemon. Buying a car that is a lemon is unacceptable. You should not have to put up with the consequences involved with the purchase of a lemon car, such as paying for repairs or replacing it. This applies to both a new car or a used car.What Is The Lemon Law?The lemon law was introduced to protect everyday people from having to deal with a car that is considered a "lemon" or is faulty, through no fault of the new owner. The lemon law was designed to protect consumers and keep the car sales people honest, whether the sale is private or commercial. As a buyer, if you are told that a car is in good working order and soon after buying it, the vehicle breaks down, there is a big chance that the car was faulty before you bought it, as well as a good chance that the previous owner was already aware that the problem existed.Every state has different rules and regulations with regard to the lemon law, but they have been set in place for the same reason and that is to protect the consumer from being taken advantage of by a dishonest seller. Suspect Your Car Is A Lemon? Know Your Rights.Before purchasing a car, either new or used, it is a good idea to research what your rights are with the lemon law and request a vehicle inspection from an outside company to make sure that the car is in good working order. These steps can help avoid a lemon law dispute after the purchase of a vehicle.If you have just purchased a new or used car and suspect it is a lemon, you should first ask the private seller or car dealership where you purchased the vehicle to make the repairs, or cover the costs. Even in states with tough lemon laws, you will be required to attempt to resolve the problem with the seller first, which only makes good logical sense.If they are not willing to repair a vehicle, even though, when they sold it to you, they gave you their word or a written document that the car was in good working order, you have rights under the lemon laws, so use them. There are two ways to exercise your lemon law rights - you can represent yourself or seek professional advice and representation from a lemon law attorney.If you represent yourself, you must do a great deal of research and educate yourself on how the lemon laws work in your state. Representing yourself can be risky because you don’t have the proper working knowledge of the legal system or may make mistakes that go in the favor of the seller.A lemon law attorney specializes in the legalities of the lemon law in your state and how best to represent you and your dispute in a positive manner. You will also be given an insight on how the lemon laws work in your state and the legal process, all explained in simple, easy to understand terms. If you have a car that fits this description, a lemon law attorney is likely to be well worth the investment.
Article Source: http://www.superfeature.com
Jon is a computer engineer and long-term world traveler who maintains many websites to pass along his knowledge and findings. You can read more about your rights and the lemon law at his web site at www.lemon-law-data.com/
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