Lemon Laws for New Vehicles by Greg Artim
Every state has some type of Lemon Law for new cars. A Lemon Law is a law that sets forth your rights and the potential remedies available to you in the event that you have purchased a defective vehicle from a manufacturer. While some states’ Lemon Laws are better than others, they are all very powerful and for the most part are very consumer oriented.
A typical Lemon Law is based on the premise that any vehicle which exhibits a defect or non-conformity that substantially impairs the use, value or safety of that vehicle is a lemon. Generally speaking, defects involving the engine, transmission, brakes, suspension, electrical system, water leakage and steering are the types of defects that make a vehicle a lemon. Please know that the offered list is not all inclusive, as there are other types of defects or situations that can make a vehicle a lemon.
Lemon laws typically provide that the manufacturer must be given a reasonable opportunity to repair the alleged defects. The number of repair attempts that are deemed reasonable varies from state to state, but it would be safe to say that the average number of repair attempts that are sufficient to meet the “reasonable†standard is three to four.
If the manufacturer is unable to correct the defect or nonconformity after making those repair attempts, most states provide that you are entitled to either a full refund of the purchase price or a free replacement vehicle. A full refund means that you are entitled to recoup any down-payment, trade-in equity, payments made and associated costs that you had with the purchase of the vehicle. A free replacement vehicle means that you can receive a brand new model of the vehicle that you are driving, at no increased cost to you. With either of the aforesaid options, the manufacturer is often entitled to a deduction for mileage that you have driven the “lemon†vehicle. This deduction typically amounts to a few hundred dollars.
Please know that this has been merely a general overview of Lemon Laws for new vehicles. You should consult either an experienced lemon law attorney in your state or your state’s lemon law for a definitive answer regarding any questions that you may have regarding these types of laws and your new vehicle.
About the Author
Greg Artim is a Lemon Law Attorney based in Pittsburgh Pennsylvania. He recommends visiting www.50stateslemonlaw.com to find answers to more of your lemon law questions.
12/25/2007
12/18/2007
Need A Lemon Law Attorney? Know What to Ask To Avoid A Sour Experience by Paul Fleming
Need A Lemon Law Attorney? Know What to Ask To Avoid A Sour Experience by Paul Fleming
Choosing a Lemon Law Attorney may look easy, but to be certain of the right choice, it takes more than clicking a link of advertisements and search engine results. Select the wrong law firm and it can spell disaster for your case and your wallet. But if you ask the right questions, accept nothing less than answers that can be backed up with fact, and promise yourself to make no decision until you are confident in doing so, the chances of having a sour experience with a Lemon Law attorney can be cut down dramatically.
When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:
* Experience - How long has the company been in business? Don't go by the date on the website, check the records. A company who has only been around for a couple of years may not have the proven track record that you need. For me, the risks are too high to be leaving it to inexperience.
* Honors, Awards and Recognition - Check for references such as Super Lawyers and Rising Stars in attorney polls conducted by Law & Politics Magazine,and SJ Magazine.
* Locations - Beware of the fake office! Try calling the local phone number or stopping by sometime to make there is an office and real people.
Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.
* Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway.
* Former Clients - From state senators, to judges, police, media personalities, professional athletes, doctors, religious leaders, fellow lawyers, musicians, union tradesmen, and most importantly, the average person and clients will come from all parts of society, from diverse economic groups and from all segments of society. Sometimes testimonials are available but often word of mouth is a great reference.
* Here are some questions you need to ask a lemon law firm: - How long has the lawyer been practicing law? - How long has the lawyer practiced Lemon Law? - Does the lawyer have a license to practice in the client's state? (Very important) - Has the lawyer received any recognition, honors or awards for work performed in the client's state? - Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case. (Read about us in our on-line newsroom). - When was the last time the lawyer received a successful verdict in a Lemon Law case? - Can the lawyer provide any references of other clients, attorneys, or judges in the client's state? - If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why? - How is the lawyer compensated? - Is the client advised in writing at the start of the case what their rights and responsibilities are? - Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? - What does the client need to do to assist the lawyer in a case? - Does the lawyer have a physical office within the client's state? - Is a lawyer and/or their staff available to speak with clients on a daily basis?
Even in law, there are questionable individuals and companies who are prepared to take your money and may misrepresent your case. Having a lemon vehicle is enough of a headache; the last thing you want is to go through more pain. Check credentials, ask questions, do a little research before connecting with a lemon law lawyer.
About the Author
Paul Fleming represents the Lemon Law firm Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991. Contact them at http://www.lemonlaw.com/mail.html or visit their website at http://www.lemonlaw.com .
Choosing a Lemon Law Attorney may look easy, but to be certain of the right choice, it takes more than clicking a link of advertisements and search engine results. Select the wrong law firm and it can spell disaster for your case and your wallet. But if you ask the right questions, accept nothing less than answers that can be backed up with fact, and promise yourself to make no decision until you are confident in doing so, the chances of having a sour experience with a Lemon Law attorney can be cut down dramatically.
When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:
* Experience - How long has the company been in business? Don't go by the date on the website, check the records. A company who has only been around for a couple of years may not have the proven track record that you need. For me, the risks are too high to be leaving it to inexperience.
* Honors, Awards and Recognition - Check for references such as Super Lawyers and Rising Stars in attorney polls conducted by Law & Politics Magazine,and SJ Magazine.
* Locations - Beware of the fake office! Try calling the local phone number or stopping by sometime to make there is an office and real people.
Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.
* Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway.
* Former Clients - From state senators, to judges, police, media personalities, professional athletes, doctors, religious leaders, fellow lawyers, musicians, union tradesmen, and most importantly, the average person and clients will come from all parts of society, from diverse economic groups and from all segments of society. Sometimes testimonials are available but often word of mouth is a great reference.
* Here are some questions you need to ask a lemon law firm: - How long has the lawyer been practicing law? - How long has the lawyer practiced Lemon Law? - Does the lawyer have a license to practice in the client's state? (Very important) - Has the lawyer received any recognition, honors or awards for work performed in the client's state? - Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case. (Read about us in our on-line newsroom). - When was the last time the lawyer received a successful verdict in a Lemon Law case? - Can the lawyer provide any references of other clients, attorneys, or judges in the client's state? - If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why? - How is the lawyer compensated? - Is the client advised in writing at the start of the case what their rights and responsibilities are? - Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? - What does the client need to do to assist the lawyer in a case? - Does the lawyer have a physical office within the client's state? - Is a lawyer and/or their staff available to speak with clients on a daily basis?
Even in law, there are questionable individuals and companies who are prepared to take your money and may misrepresent your case. Having a lemon vehicle is enough of a headache; the last thing you want is to go through more pain. Check credentials, ask questions, do a little research before connecting with a lemon law lawyer.
About the Author
Paul Fleming represents the Lemon Law firm Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991. Contact them at http://www.lemonlaw.com/mail.html or visit their website at http://www.lemonlaw.com .
12/16/2007
Soured On The New Car Experience? Maybe You Bought A Lemon
Soured On The New Car Experience? Maybe You Bought A Lemon. by David J. Gorberg
Except for your home, your car may be the most expensive purchase you'll ever make. It's no wonder then that car makers are not quick to offer refunds or to replace defective products. Fortunately for the consumer there is the Lemon Law. Lemon laws have taken what was once a daunting challenge--getting automakers and dealers to take responsibility for defective products--and made it an expectation of car buyers. But merely knowing that the law exists does not amount to using it. To do this, the well-informed consumer must know a few lemon-law basics.
What is the Lemon Law? Lemon laws are different from state to state, but they have the same purposes:
-to protect the consumer
-to require that manufacturers remedy problems under warranty
-to mark out procedures for resolving disputes between consumers and manufacturers
-to provide refund or replacement when a vehicle is not fixed
How do I know if my vehicle is a lemon?To be deemed a lemon, your vehicle must meet these criteria:
-The car has a problem that is covered under the warranty, or it has been out of service for a minimum number of days--20 to 30 in most states.
-The problem impairs the car's use, value, or safety.
-You reported the problem to the authorized dealer within the law's time limitations (generally, 1 to 2 years or 12,000 to 18,000 miles).
-You've given the manufacturer or dealer opportunity to fix the problem.
How does the law work?First, keep in mind that the burden of proof is on you the consumer, so document everything (more on this later). If your vehicle meets all of the lemon criteria, then the law allows for a full refund or, if the manufacturer offers and you opt for it, a replacement vehicle. Check your state laws for specific procedures and requirements.
What kind of expenses can I recover under the law?In addition to a refund of the purchase price, the Lemon Law allows you to recover such expenses as:
-sales tax, license and registration fees
-finance charges
-attorney and other legal fees
-Lemon Law filing fee
What if my car is beyond the time/mileage limitation of the Lemon Law?If the problem appears after the time and mileage limitations, you may still be entitled to compensation as there are other consumer-protection laws on the books--the Magnuson-Moss Warranty Act and the Uniform Commercial Code are two federal laws; your state will also have its own set of consumer-protection laws.What should I do now?Be sure you've given the dealer a reasonable opportunity to fix the problem. Reasonable in most states means 3 opportunities, the first being within the time/mileage limitation for that state.
-Keep accurate records of all repairs and correspondence with dealers and manufacturers. Where records aren't available (conversations with your dealership and service technicians, for example) keep written notes.
-If you think you've got a lemon, call an attorney specializing in consumer law.
Keep in mind that while the Lemon Law is for your protection, auto manufacturers are highly motivated and know the law better than you do. And though the Lemon Law provides you with certain rights, it also spells out your responsibilities in pursuing those rights.So make sure your next steps are the right steps. If you're convinced that you're driving (or nursing) a lemon, call an attorney who knows the law as well as the automakers do. The law is there for you--don't get stuck with a lemon.
About the Author
David J. Gorberg & Associates is the largest lemon law firm in Philadelphia and one of the most successful lemon law firms in country. The firm's offices have become a household name in the field of Pennsylvania Lemon Law and New Jersey Lemon Law. Mr. Gorberg can be reached at 1-800 MY LEMON.
Except for your home, your car may be the most expensive purchase you'll ever make. It's no wonder then that car makers are not quick to offer refunds or to replace defective products. Fortunately for the consumer there is the Lemon Law. Lemon laws have taken what was once a daunting challenge--getting automakers and dealers to take responsibility for defective products--and made it an expectation of car buyers. But merely knowing that the law exists does not amount to using it. To do this, the well-informed consumer must know a few lemon-law basics.
What is the Lemon Law? Lemon laws are different from state to state, but they have the same purposes:
-to protect the consumer
-to require that manufacturers remedy problems under warranty
-to mark out procedures for resolving disputes between consumers and manufacturers
-to provide refund or replacement when a vehicle is not fixed
How do I know if my vehicle is a lemon?To be deemed a lemon, your vehicle must meet these criteria:
-The car has a problem that is covered under the warranty, or it has been out of service for a minimum number of days--20 to 30 in most states.
-The problem impairs the car's use, value, or safety.
-You reported the problem to the authorized dealer within the law's time limitations (generally, 1 to 2 years or 12,000 to 18,000 miles).
-You've given the manufacturer or dealer opportunity to fix the problem.
How does the law work?First, keep in mind that the burden of proof is on you the consumer, so document everything (more on this later). If your vehicle meets all of the lemon criteria, then the law allows for a full refund or, if the manufacturer offers and you opt for it, a replacement vehicle. Check your state laws for specific procedures and requirements.
What kind of expenses can I recover under the law?In addition to a refund of the purchase price, the Lemon Law allows you to recover such expenses as:
-sales tax, license and registration fees
-finance charges
-attorney and other legal fees
-Lemon Law filing fee
What if my car is beyond the time/mileage limitation of the Lemon Law?If the problem appears after the time and mileage limitations, you may still be entitled to compensation as there are other consumer-protection laws on the books--the Magnuson-Moss Warranty Act and the Uniform Commercial Code are two federal laws; your state will also have its own set of consumer-protection laws.What should I do now?Be sure you've given the dealer a reasonable opportunity to fix the problem. Reasonable in most states means 3 opportunities, the first being within the time/mileage limitation for that state.
-Keep accurate records of all repairs and correspondence with dealers and manufacturers. Where records aren't available (conversations with your dealership and service technicians, for example) keep written notes.
-If you think you've got a lemon, call an attorney specializing in consumer law.
Keep in mind that while the Lemon Law is for your protection, auto manufacturers are highly motivated and know the law better than you do. And though the Lemon Law provides you with certain rights, it also spells out your responsibilities in pursuing those rights.So make sure your next steps are the right steps. If you're convinced that you're driving (or nursing) a lemon, call an attorney who knows the law as well as the automakers do. The law is there for you--don't get stuck with a lemon.
About the Author
David J. Gorberg & Associates is the largest lemon law firm in Philadelphia and one of the most successful lemon law firms in country. The firm's offices have become a household name in the field of Pennsylvania Lemon Law and New Jersey Lemon Law. Mr. Gorberg can be reached at 1-800 MY LEMON.
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