What is New York Lemon Law?
If you buy, lease or transfer a car or motor home, new or used, and it develops serious defects that cannot be fixed by the manufacturer you can get even with the dealer or manufacturer under a law called New York Lemon Law regardless of the warranty clause or waiver signed by you.
What defects qualify for redress?
New York Lemon Law takes up and determines all major defects i.e. engine trouble, transmission problem, wobbles, stalling, starting trouble, leaks, rattles etc, except the normal wear tear.
What the law requires?
· That your car should be registered with New York State and covered with warranty.· That serious defects must have developed within first 18,000 miles or two years from the date of original delivery, which ever is earlier.· That even after four or more repaires for the same defects the problem has not been solved completely. · That it remained at the workshop for a period of 30 cumulative calendar days.· That driving such a car is fraught with danger to your life. · That the car was for personal use.· That due to the defects the value of the has diminished.· That you have not made any alterations in the car.· That you have performed your contractual obligations.· That the dealer or the manufacturer refused to carry out repairs.
How to initiate an action?
Within 4 years of original purchase, you must fill up a Request for Arbitration form available at the Attorney Generals Regional office enclosing all documents, relevant bills, correspondence, job work records etc. If the request is tenable, you would be required to deposit the request fees.
You can go directly to court but arbitration is cheaper and convenient. You can also opt for mediation with dealers/manufacturers under the rules framed by Federal Trade Commission. You may go for an oral hearing in presence of your mechanic or seek justice on the basis of the document disclosed. Verdict, which is appealable, is out within 10 days of the final hearing.
It is best to appoint a qualified Attorney to pursue your case as from time to time new notifications are issued by the government in the matter. Lawyers' fees are payable by the Dealer/Manufacturers and consultations are free.
Available Remedies
In case you win, New York Lemon Law entitles you to the price of the car plus all payments made by you including Government fees and levies minus the deductions allowed by the judge depending upon the demerits of your case.
Summary of Author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
Friday, February 23, 2007
Monday, February 19, 2007
Leased Vehicles May Lack Lemon Law Protection / Charles Essmeier
In decades past, car owners who bought new vehicles that had significant mechanical problems that defied repair had little recourse. Unless the manufacturer took it upon themselves to do something nice, the owner had little choice but to either pay for repairs over and over again or sell the vehicle at a loss. In the early 1980’s the first lemon laws appeared in California and Connecticut, and since then, every state has adopted one. Car owners today can buy their cars, trucks or vans with confidence, knowing that if the vehicle turns out to be a “lemon”, they can probably get recourse in the form of either a refund or a replacement vehicle.
While every state has a lemon law on its books, the text of the laws can vary dramatically, as can their effectiveness. Some are written in such a way that favor the consumer; others are written to favor manufacturers. The types of problems and vehicles that are covered vary from state to state, too. One thing in particular that can affect a number of drivers today is the fact that not all state lemon laws cover leased vehicles.
When lemon laws were first devised some twenty five years ago, few consumers leased cars. Most consumers bought their vehicles outright, so the laws were were written to address problems by owners, rather than lessors. Many states have since amended their laws to cover leased vehicles, but some have not. This can be a problem for someone who leases a new vehicle and discovers that it has mechanical problems that are not easily repaired. People who have such problem vehicles may have to either pay to have repeating problems repaired over and over again, or they will have to terminate their lease early. Both options can cost a lot of money, as repairs are expensive and early lease terminations generally include penalty fees.
Any consumer who is considering leasing a new vehicle would be best advised to check his or her state’s lemon law before making a decision. A check of your state’s Website or that of your state’s Attorney General’s office can probably provide you with the text of your state’s lemon law. The last thing you want when signing an expensive lease on a new car is to find that the manufacturer is not obligated to replace it if it turns out to be a lemon. Such problems are easily avoided if you spend a few minutes to research the lemon law first.
©Copyright 2006 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including LemonLawHelp.net, a site devoted to information regarding lemon laws for automobiles and Car-Insurance-Help.net, a site about car insurance.
While every state has a lemon law on its books, the text of the laws can vary dramatically, as can their effectiveness. Some are written in such a way that favor the consumer; others are written to favor manufacturers. The types of problems and vehicles that are covered vary from state to state, too. One thing in particular that can affect a number of drivers today is the fact that not all state lemon laws cover leased vehicles.
When lemon laws were first devised some twenty five years ago, few consumers leased cars. Most consumers bought their vehicles outright, so the laws were were written to address problems by owners, rather than lessors. Many states have since amended their laws to cover leased vehicles, but some have not. This can be a problem for someone who leases a new vehicle and discovers that it has mechanical problems that are not easily repaired. People who have such problem vehicles may have to either pay to have repeating problems repaired over and over again, or they will have to terminate their lease early. Both options can cost a lot of money, as repairs are expensive and early lease terminations generally include penalty fees.
Any consumer who is considering leasing a new vehicle would be best advised to check his or her state’s lemon law before making a decision. A check of your state’s Website or that of your state’s Attorney General’s office can probably provide you with the text of your state’s lemon law. The last thing you want when signing an expensive lease on a new car is to find that the manufacturer is not obligated to replace it if it turns out to be a lemon. Such problems are easily avoided if you spend a few minutes to research the lemon law first.
©Copyright 2006 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including LemonLawHelp.net, a site devoted to information regarding lemon laws for automobiles and Car-Insurance-Help.net, a site about car insurance.
Thursday, February 15, 2007
A Guide To Understanding Georgia Lemon Law / Kevin Bishop
Lemon law protects a consumer who has unknowingly purchased an automobile product that does not meet stipulated performance standards. An automobile with a defect, which seriously impairs its performance and safety is termed a lemon. Lemon law is so called because 'lemon' in slang means bad.
Lemon laws are state laws in US. While, broadly the same in all states, they differ in details. These details are important as they can affect the outcome of a legal case. In Georgia the Lemon law, in statute books, is known as the Motor Vehicles Warranty Rights Act. It is administered by the Office of Consumer Affairs and seeks redressal of violated consumer rights.
When are you eligible under the Georgia Lemon law?
The answer to three questions below will decide your eligibility to file a case.
(1) Who falls under this law? Firstly, individuals who have purchased, leased or transferred a vehicle primarily for personal use. Secondly, a sole proprietorship, partnership or corporation that owns or leases not more than three new motor vehicles for commercial use and has ten or less employees and a net income, after taxes, of $100,000 per year or less under federal law.
(2) Which vehicles fall under this law? All new motor vehicles purchased or leased and registered in Georgia with the purpose of transporting people and property over public highways. Demonstrator vehicles are also eligible provided they are new and carry a manufacturer's warranty as a condition of sale.
(3) Which vehicles do not fall under this law? - Vehicles not self-propelled- Vehicles that had a titled owner other than the dealer and yourself- Used vehicles- Vehicles purchased under 'as is' condition. This implies you bought the vehicle knowing its condition at the time of purchase- Trucks having a gross vehicle weight rating of 10,000 pounds and more
When is your vehicle eligible under Lemon law?
(1) Under Georgia law your car must be presented for repair of serious defect within the first year of purchase or before 12,000 miles. This is called the "lemon law rights period" and vehicles submitted for repair outside this period are ineligible under this law.
(2) The manufacturer must be allowed at least one repair of a serious defect in the braking or steering systems during the "lemon law rights period"; at least two repairs of other serious defects during the first 24 months or 24,000 miles with at least one failed repair attempt during the "lemon law rights period"; at least three repairs on any other malfunctioning in the first 24 months or 24,000 miles, with at least on e failed attempt during the "lemon law rights period". This period can be extended under special circumstances.
(3) The vehicle must have been out of service for repairs for at least 30 days during the first 24 months or 24,000 miles with at least 15 days during the "lemon law rights period"
Legal Proceedings
Firstly, you must have all documents relating to repair attempts. These include diagnosis of the defect, details of work done and parts replaced and the dates and the odometer readings when the vehicle was presented for repairs. Keep a record of the days your vehicle was out of service. Remember manufacturers have won many cases due to lack of attention to details on the part of the consumer.
Do not approach the manufacturer without an attorney. Alternatively you can consult the state run OCA. They will provide all relevant information and, if needed, will also help set up an arbitration hearing. All this comes free.
Summary of Author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
Lemon laws are state laws in US. While, broadly the same in all states, they differ in details. These details are important as they can affect the outcome of a legal case. In Georgia the Lemon law, in statute books, is known as the Motor Vehicles Warranty Rights Act. It is administered by the Office of Consumer Affairs and seeks redressal of violated consumer rights.
When are you eligible under the Georgia Lemon law?
The answer to three questions below will decide your eligibility to file a case.
(1) Who falls under this law? Firstly, individuals who have purchased, leased or transferred a vehicle primarily for personal use. Secondly, a sole proprietorship, partnership or corporation that owns or leases not more than three new motor vehicles for commercial use and has ten or less employees and a net income, after taxes, of $100,000 per year or less under federal law.
(2) Which vehicles fall under this law? All new motor vehicles purchased or leased and registered in Georgia with the purpose of transporting people and property over public highways. Demonstrator vehicles are also eligible provided they are new and carry a manufacturer's warranty as a condition of sale.
(3) Which vehicles do not fall under this law? - Vehicles not self-propelled- Vehicles that had a titled owner other than the dealer and yourself- Used vehicles- Vehicles purchased under 'as is' condition. This implies you bought the vehicle knowing its condition at the time of purchase- Trucks having a gross vehicle weight rating of 10,000 pounds and more
When is your vehicle eligible under Lemon law?
(1) Under Georgia law your car must be presented for repair of serious defect within the first year of purchase or before 12,000 miles. This is called the "lemon law rights period" and vehicles submitted for repair outside this period are ineligible under this law.
(2) The manufacturer must be allowed at least one repair of a serious defect in the braking or steering systems during the "lemon law rights period"; at least two repairs of other serious defects during the first 24 months or 24,000 miles with at least one failed repair attempt during the "lemon law rights period"; at least three repairs on any other malfunctioning in the first 24 months or 24,000 miles, with at least on e failed attempt during the "lemon law rights period". This period can be extended under special circumstances.
(3) The vehicle must have been out of service for repairs for at least 30 days during the first 24 months or 24,000 miles with at least 15 days during the "lemon law rights period"
Legal Proceedings
Firstly, you must have all documents relating to repair attempts. These include diagnosis of the defect, details of work done and parts replaced and the dates and the odometer readings when the vehicle was presented for repairs. Keep a record of the days your vehicle was out of service. Remember manufacturers have won many cases due to lack of attention to details on the part of the consumer.
Do not approach the manufacturer without an attorney. Alternatively you can consult the state run OCA. They will provide all relevant information and, if needed, will also help set up an arbitration hearing. All this comes free.
Summary of Author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
20 Lemon Law Topics from Automobiles to Puppies / Jimmy Wilson
Lemon Laws are not just for automobiles anymore. There are lemon laws that protect consumers from defective computers to puppies. You have rights after a purchase, you just need to know how and where to find the legal representation that best suits your situation.
Lemon Laws were designed to give the unsuspecting public from would-be frauds and sellers of damaged merchandise. Were it not for this respectable constitutional protection under the laws of our great nation, there would be more crime and violence exhibited than you could imagine. The unfortunate side is knowing where to seek the proper specialists that can provide the right counsel for your wronged situation.
We've all purchased an item that hasn't lived up to it's claim and we naturally assume the seller was probably aware before the sale that it was defective. Often a bargain is far from it, and once we buy into the bargain price, we see how we were taken. Being on the end of a bad deal doesn't have to end there.
Lemon Laws actually save us from doing the unthinkable so many times. When we learn we have a defective item, we can follow some very clear cut steps to seek resolution. Legally, you have rights to correct this type of situation and once you've applied yourself constructively to get your money refunded, you can see how valuable the lemon laws really are.
Lemon Law Specialists can save you more than just the refund amount due to you. If there was intent to intentionally defraud you, you can seek additional restitution for your loss of time and additional expenses associated with the fraudulent item.
Take the time to read more in the area you feel your item is related and see what your options are. Don't think you don't have a voice or say in a bad purchase. Actually, your willingness to speak up and pursue your wrongful purchase can avoid it happening to others. You are exersizing your rights and helping to protect other unsuspecting victims like yourself.
http://wealthsmith.com/lemon-law-articles.htm
Jim is an online writer that covers the topics that you want to know more about. Check out his latest subject, Lemon Laws: http://wealthsmith.com/lemon-law-articles.htm
Lemon Laws were designed to give the unsuspecting public from would-be frauds and sellers of damaged merchandise. Were it not for this respectable constitutional protection under the laws of our great nation, there would be more crime and violence exhibited than you could imagine. The unfortunate side is knowing where to seek the proper specialists that can provide the right counsel for your wronged situation.
We've all purchased an item that hasn't lived up to it's claim and we naturally assume the seller was probably aware before the sale that it was defective. Often a bargain is far from it, and once we buy into the bargain price, we see how we were taken. Being on the end of a bad deal doesn't have to end there.
Lemon Laws actually save us from doing the unthinkable so many times. When we learn we have a defective item, we can follow some very clear cut steps to seek resolution. Legally, you have rights to correct this type of situation and once you've applied yourself constructively to get your money refunded, you can see how valuable the lemon laws really are.
Lemon Law Specialists can save you more than just the refund amount due to you. If there was intent to intentionally defraud you, you can seek additional restitution for your loss of time and additional expenses associated with the fraudulent item.
Take the time to read more in the area you feel your item is related and see what your options are. Don't think you don't have a voice or say in a bad purchase. Actually, your willingness to speak up and pursue your wrongful purchase can avoid it happening to others. You are exersizing your rights and helping to protect other unsuspecting victims like yourself.
http://wealthsmith.com/lemon-law-articles.htm
Jim is an online writer that covers the topics that you want to know more about. Check out his latest subject, Lemon Laws: http://wealthsmith.com/lemon-law-articles.htm
Michigan Lemon Law - How Does It Protect You? / Dominic Ferrera
It’s not the way you’d expect an article on the Michigan lemon law to begin, but we’re sorry you need to find information about it. Unless you’re just being careful, you probably think you’ve got a lemon on your hands. We hope that we’re writing here will help you get through this difficult, frustrating and unpleasant time.
To start, here are some basic facts about Michigan’s lemon law—
: it applies to all new and leased cars (this is a recent change, to our benefit)
: a car’s “problem” is now defined by the consumer, rather than the manufacturer (more good news for us)
: Michigan cars are covered for two years after the first lemon problem surfaces OR once the car’s been in the shop for 30 days or more
: the first problem must come up within 12 months of your buying the car
: if your car is a lemon, you can get a refund or a replace vehicle
: you must give your car’s manufacturer the opportunity to fix the problem (which they’ll usually do through your local dealership)
: document every problem you have with your car and every problem related to it. (The more details you have, the stronger your case will be.) Your documentation should include all your service records, the mileage and date of each incident, who you talk to at the dealership, manufacturer, etc., what they and you say, etc. The more records you have, the better
: before your car has been fixed for the fourth time, or it’s been out of service for its 30th day, contact the manufacturer and tell them you believe you’ve got a lemon on your hands.
There is more information about Michigan’s lemon law at http://www.michigan.gov/ag/0,1607,7-164-17278-47386--,00.html. You can also 1 877 765 8388 for help.
If you’ve done all of this but haven’t gotten any satisfaction, there are a couple of other laws that might help. These are federal laws: the Uniform Commercial Code and the Magnuson-Moss Warranty Act. You’re fast getting to the point where you’re going to need professional legal help; if neither of these laws help, successful lawsuits have been won using breach of contract or unfair marketing laws.
Our final word on the Michigan lemon law is to remind you to please keep the best records possible, use whatever arbitration programs are available to you and provide the right notice to the right people in the most timely manner. Fighting the lemon law is a maddening, frustrating experience to go through. Good luck.
For more information on the Michigan Lemon Law try visiting Car Buying For Idiots located at http://CarBuyingForIdiots.com where you will find valuable information on buying cars, buying used cars and other information.
To start, here are some basic facts about Michigan’s lemon law—
: it applies to all new and leased cars (this is a recent change, to our benefit)
: a car’s “problem” is now defined by the consumer, rather than the manufacturer (more good news for us)
: Michigan cars are covered for two years after the first lemon problem surfaces OR once the car’s been in the shop for 30 days or more
: the first problem must come up within 12 months of your buying the car
: if your car is a lemon, you can get a refund or a replace vehicle
: you must give your car’s manufacturer the opportunity to fix the problem (which they’ll usually do through your local dealership)
: document every problem you have with your car and every problem related to it. (The more details you have, the stronger your case will be.) Your documentation should include all your service records, the mileage and date of each incident, who you talk to at the dealership, manufacturer, etc., what they and you say, etc. The more records you have, the better
: before your car has been fixed for the fourth time, or it’s been out of service for its 30th day, contact the manufacturer and tell them you believe you’ve got a lemon on your hands.
There is more information about Michigan’s lemon law at http://www.michigan.gov/ag/0,1607,7-164-17278-47386--,00.html. You can also 1 877 765 8388 for help.
If you’ve done all of this but haven’t gotten any satisfaction, there are a couple of other laws that might help. These are federal laws: the Uniform Commercial Code and the Magnuson-Moss Warranty Act. You’re fast getting to the point where you’re going to need professional legal help; if neither of these laws help, successful lawsuits have been won using breach of contract or unfair marketing laws.
Our final word on the Michigan lemon law is to remind you to please keep the best records possible, use whatever arbitration programs are available to you and provide the right notice to the right people in the most timely manner. Fighting the lemon law is a maddening, frustrating experience to go through. Good luck.
For more information on the Michigan Lemon Law try visiting Car Buying For Idiots located at http://CarBuyingForIdiots.com where you will find valuable information on buying cars, buying used cars and other information.
Wednesday, February 14, 2007
What is Lemon Law? / Jenny Cooper
What do I mean when I say “My car is under lemon?” It refers to the major defects in your car that deteriorates its usage, safety and value. In such a case, there are Lemon Laws to protect the consumers.
Now you must be wondering what a Lemon Law does. Lemon Laws are meant to obligate the seller or the manufacturer of the product to refund, repair or replace the defective product to the consumer. The Lemon Laws protect the purchaser of the defective new vehicle within its warranty period of the purchase. The Law is only applicable provided the consumer replaces the car within a specific given time limit. The manufacturer or the seller would provide the consumer with a new car or completely refund the full cost price.
There are certain key factors that need to be kept in mind to opt for a Lemon Law. These key factors are:
The purchaser can’t complaint of minor issues which do not affect the usage and its safety such as funny noises, certain lights, etc. The consumer can not be protected under the lemon law in case there is anything in the car which the consumer does not prefer. These decisions should be made during the time of the purchase and the seller or manufacturer can not be blamed for it.
The second factor is that the defect has to affect one of three or all the areas; safety, usage and value. If it’s a major defect then it has to affect any one of the three.
Even if you have several defects during the warranty period, it does not mean your car is lemon. But a single serious problem can prove your car lemon if the manufacturer can not fix it in the first go.
The manufacturer might take more than one chance to fix the problem.
In case the dealer refuses to repair or replace your vehicle, you are entitled to a legal Lemon Law help. When the dealer assures the buyer with a warranty during the purchase of the car, he is committed to provide all the after sales services. In case the manufacture doesn’t abide by the obligations, check with a trusted expert attorney. It is advised to possess all the required documents of the purchase of the car for further actions.
Jenny Cooper is a contributor to http://www.legaltarget.com, a website providing Legal help at Affordable Price
Now you must be wondering what a Lemon Law does. Lemon Laws are meant to obligate the seller or the manufacturer of the product to refund, repair or replace the defective product to the consumer. The Lemon Laws protect the purchaser of the defective new vehicle within its warranty period of the purchase. The Law is only applicable provided the consumer replaces the car within a specific given time limit. The manufacturer or the seller would provide the consumer with a new car or completely refund the full cost price.
There are certain key factors that need to be kept in mind to opt for a Lemon Law. These key factors are:
The purchaser can’t complaint of minor issues which do not affect the usage and its safety such as funny noises, certain lights, etc. The consumer can not be protected under the lemon law in case there is anything in the car which the consumer does not prefer. These decisions should be made during the time of the purchase and the seller or manufacturer can not be blamed for it.
The second factor is that the defect has to affect one of three or all the areas; safety, usage and value. If it’s a major defect then it has to affect any one of the three.
Even if you have several defects during the warranty period, it does not mean your car is lemon. But a single serious problem can prove your car lemon if the manufacturer can not fix it in the first go.
The manufacturer might take more than one chance to fix the problem.
In case the dealer refuses to repair or replace your vehicle, you are entitled to a legal Lemon Law help. When the dealer assures the buyer with a warranty during the purchase of the car, he is committed to provide all the after sales services. In case the manufacture doesn’t abide by the obligations, check with a trusted expert attorney. It is advised to possess all the required documents of the purchase of the car for further actions.
Jenny Cooper is a contributor to http://www.legaltarget.com, a website providing Legal help at Affordable Price
Tuesday, February 13, 2007
Lemon Law - When You Need the Expert / Donald Ladew
Lemon law cases follow a certain sequence, as do most other legal matters. Roughly sixty five percent of the time a lemon law case never reaches the litigation stage. These cases are handled in what is called prelitigation.
Phase I: It goes roughly like this. Joe Jones buys a new vehicle: Ford, Nissan, BMW, it doesn’t matter which kind, they all manufacture lemons; some more than others. Joe drives the vehicle for a month or so then he notices that whenever he hits the brake, the steering wheel shudders and the front end has a tendency to pull to the left of right. Various other things are wrong with the vehicle, but none that are serious or life threatening.
Joe takes the vehicle back to the dealer where he purchased it. Let’s back up a step. He calls them to make an appointment. Maybe they play games, like making him wait two weeks, or maybe not. At the dealer, as soon as he explains the problem to the service writer, they know exactly what’s going on. His isn’t the first vehicle brought back for this problem. Besides, soon after this vehicle came out, the manufacturer issued a Technical Service Bulletin (TSB) describing the problem and some things that might be done about it.
By the way, the manufacture did not send the TSB to Mr. Jones. They never do. Unfortunately the problem is a design fault, so no matter what the dealership does, they can’t fix the problem without replacing the entire front end, redesigned to correct the problem.
Remember, anything, any problem that looks like it can’t be fixed is going to be hidden. It’s going to be hidden because the one thing the manufacturer does not want is for the problem to become a recall. It is sadly true that manufacturers have knowingly allowed cars on the road, whose repeated defects endangered the driver and his or her passengers, rather than mess up their financial bottom line. About the only way a manufacturer will ‘voluntarily’ fix a problem of this sort is if the National Highway Safety Transportation Agency (NHSTA) forces them to by issuing a recall.
So, the technician goes for a ride in Joe’s vehicle. He comes back and says something like, ‘no problem found’ or ‘the vehicle is operating as designed.’ Imagine the owner’s disgust and disbelief at being told the vehicle is operating as designed.
Consumers are not near as stupid as the people at the dealerships seem to think. Joe knows very well that his vehicle shouldn’t shake and dive to the left when he hits the brake.
This is just the opening round. The contestants are sparring, throwing a few jabs, bobbing and weaving, feeling the opponent out. The dealer knows that probably 50% of owners don’t really understand much about modern automobiles, and they will be able to get away with whatever they say. If, for example the owner came back ‘in their face’ as we say in America, perhaps the dealership would sing another tune. Then the owner might find out about a Secret Warranty; but that’s another article, and it’s another way to avoid that nasty old recall.
The dealership may make an effort to fix some of the minor stuff just to keep its credibility as an organization devoted to the well being of its customers.
Now we advance into the seemingly endless round of trips back and forth to the dealership as Mr. Jones tries to get the problem with his front end fixed. It’s pretty darned scary to be driving down the freeway at seventy and have the vehicle shake so hard it feels like it is going to fall apart, or for the vehicle to dart to the left lane like a turkey avoiding the axe on Thanks Giving Day.
Next time he brings it in, the dealer agrees that there is minor braking/shaking problem. What a revelation! Joe has been saying this all along. The dealership analyzed the possibilities and come up with the cause: the wheels are out of alignment. They realign the wheels. Or maybe the service writer gives out some garbledy gook about ‘run out.’ We have even seen, for this exact problem, where the dealership contended that the problem was caused by the way the owner drove. This accusation was entirely unsupported by data. It was in fact absolute horse dirt, but dealers and manufacturers understand the value of the big lie, boldly professed.
Phase II: Five more trips to the dealership, trying to get this problem fixed without result and Joe gets a lawyer. Joe sends all of the paper to his attorney, especially the repair orders. The attorney and his or her staff interview the potential client and reviews the repair orders carefully. At some point they determine that Joe Jones has a good case per the requirements of that particular state’s lemon laws. At this point we are still in what is called prelitigation.
The attorney drafts a demand letter (this is a letter that spells out the legal reasons why the manufacturer should buy back the vehicle or provide a replacement and the vehicle defects, which make the vehicle a lemon, plus the financials if it is to be a refund. If it is to be a replacement the settlement data is spelled out. The demand letter is sent and the manufacturer has approximately thirty days to respond.
Phase III: If the manufacturer wants to settle the case, their return letter will state their offer of settlement. Many times this will be very close to or what the attorney proposed in their demand letter. Other times the manufacturer may make a offer so ridiculous that even the most dour of individuals would fall to the floor laughing. These offers will of course be rejected and the attorney will encourage them to make a serious offer.
The Expert Phase: Another option is that the manufacturer rejects the attorney’s demand. When this occurs, if the attorney thinks it is a strong case that can be won at trial, the case is transferred from prelitigation to litigation. One of the first things that usually happens at this point is that an appointment is made to have the vehicle examined by an expert. Anyone who has watched the assorted crime dramas that proliferate on the TV networks will remember that at some point the experts always appear. In these dramas, usually it’s some blathering psychiatrist doing his witch doctor thing or a forensics expert discussing the grooves and lands in a rifle barrel.
An expert may keep the owner’s vehicle for as much as a week, especially where it is necessary to drive the vehicle under varying conditions to be certain the problem exists. The expert writes a report and it becomes a part of the case file. If the expert verifies the problem, this information may be presented to the manufacturer and they may decide to settle straightaway or continue fighting. Either way, if the expert verifies the problem, it is a good thing for the owner.
At some point the Vehicle manufacturer may want to bring in their own expert, after which it can become a case of dueling experts.
The cost of experts is usually born by the client, however when the case settles, if it settles in the favor of the vehicle owner, the expert costs are recoverable in litigation.
The thing to remember is that manufacturers are going to do everything possible to make the vehicle owner give up and go away. It is absolutely important that the vehicle owner keep this in mind as the weeks drain away. The manufacturer is counting on wearing the consumer down like water on dripping on stone, and at about the same pace.
Experts are part of the process. It is our experience that the experts we use are professional and tell it like it is. If the client’s defects are real, the expert will verify it, even if they are intermittent and report on it. If the defects are not verifiable or weak, the expert will verify this also. This is good for our client and it is good for our firm. We don’t want to lose because when we lose our clients lose and this is a very bad thing.
If you find yourself in a position where an expert is needed, whether it is with Norman Taylor & Associates or with another attorney, tell it like it is and the expert can help you win.
Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law - The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8 http://www.lemonattorneys.com or http://www.normantaylor.com For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.
Phase I: It goes roughly like this. Joe Jones buys a new vehicle: Ford, Nissan, BMW, it doesn’t matter which kind, they all manufacture lemons; some more than others. Joe drives the vehicle for a month or so then he notices that whenever he hits the brake, the steering wheel shudders and the front end has a tendency to pull to the left of right. Various other things are wrong with the vehicle, but none that are serious or life threatening.
Joe takes the vehicle back to the dealer where he purchased it. Let’s back up a step. He calls them to make an appointment. Maybe they play games, like making him wait two weeks, or maybe not. At the dealer, as soon as he explains the problem to the service writer, they know exactly what’s going on. His isn’t the first vehicle brought back for this problem. Besides, soon after this vehicle came out, the manufacturer issued a Technical Service Bulletin (TSB) describing the problem and some things that might be done about it.
By the way, the manufacture did not send the TSB to Mr. Jones. They never do. Unfortunately the problem is a design fault, so no matter what the dealership does, they can’t fix the problem without replacing the entire front end, redesigned to correct the problem.
Remember, anything, any problem that looks like it can’t be fixed is going to be hidden. It’s going to be hidden because the one thing the manufacturer does not want is for the problem to become a recall. It is sadly true that manufacturers have knowingly allowed cars on the road, whose repeated defects endangered the driver and his or her passengers, rather than mess up their financial bottom line. About the only way a manufacturer will ‘voluntarily’ fix a problem of this sort is if the National Highway Safety Transportation Agency (NHSTA) forces them to by issuing a recall.
So, the technician goes for a ride in Joe’s vehicle. He comes back and says something like, ‘no problem found’ or ‘the vehicle is operating as designed.’ Imagine the owner’s disgust and disbelief at being told the vehicle is operating as designed.
Consumers are not near as stupid as the people at the dealerships seem to think. Joe knows very well that his vehicle shouldn’t shake and dive to the left when he hits the brake.
This is just the opening round. The contestants are sparring, throwing a few jabs, bobbing and weaving, feeling the opponent out. The dealer knows that probably 50% of owners don’t really understand much about modern automobiles, and they will be able to get away with whatever they say. If, for example the owner came back ‘in their face’ as we say in America, perhaps the dealership would sing another tune. Then the owner might find out about a Secret Warranty; but that’s another article, and it’s another way to avoid that nasty old recall.
The dealership may make an effort to fix some of the minor stuff just to keep its credibility as an organization devoted to the well being of its customers.
Now we advance into the seemingly endless round of trips back and forth to the dealership as Mr. Jones tries to get the problem with his front end fixed. It’s pretty darned scary to be driving down the freeway at seventy and have the vehicle shake so hard it feels like it is going to fall apart, or for the vehicle to dart to the left lane like a turkey avoiding the axe on Thanks Giving Day.
Next time he brings it in, the dealer agrees that there is minor braking/shaking problem. What a revelation! Joe has been saying this all along. The dealership analyzed the possibilities and come up with the cause: the wheels are out of alignment. They realign the wheels. Or maybe the service writer gives out some garbledy gook about ‘run out.’ We have even seen, for this exact problem, where the dealership contended that the problem was caused by the way the owner drove. This accusation was entirely unsupported by data. It was in fact absolute horse dirt, but dealers and manufacturers understand the value of the big lie, boldly professed.
Phase II: Five more trips to the dealership, trying to get this problem fixed without result and Joe gets a lawyer. Joe sends all of the paper to his attorney, especially the repair orders. The attorney and his or her staff interview the potential client and reviews the repair orders carefully. At some point they determine that Joe Jones has a good case per the requirements of that particular state’s lemon laws. At this point we are still in what is called prelitigation.
The attorney drafts a demand letter (this is a letter that spells out the legal reasons why the manufacturer should buy back the vehicle or provide a replacement and the vehicle defects, which make the vehicle a lemon, plus the financials if it is to be a refund. If it is to be a replacement the settlement data is spelled out. The demand letter is sent and the manufacturer has approximately thirty days to respond.
Phase III: If the manufacturer wants to settle the case, their return letter will state their offer of settlement. Many times this will be very close to or what the attorney proposed in their demand letter. Other times the manufacturer may make a offer so ridiculous that even the most dour of individuals would fall to the floor laughing. These offers will of course be rejected and the attorney will encourage them to make a serious offer.
The Expert Phase: Another option is that the manufacturer rejects the attorney’s demand. When this occurs, if the attorney thinks it is a strong case that can be won at trial, the case is transferred from prelitigation to litigation. One of the first things that usually happens at this point is that an appointment is made to have the vehicle examined by an expert. Anyone who has watched the assorted crime dramas that proliferate on the TV networks will remember that at some point the experts always appear. In these dramas, usually it’s some blathering psychiatrist doing his witch doctor thing or a forensics expert discussing the grooves and lands in a rifle barrel.
An expert may keep the owner’s vehicle for as much as a week, especially where it is necessary to drive the vehicle under varying conditions to be certain the problem exists. The expert writes a report and it becomes a part of the case file. If the expert verifies the problem, this information may be presented to the manufacturer and they may decide to settle straightaway or continue fighting. Either way, if the expert verifies the problem, it is a good thing for the owner.
At some point the Vehicle manufacturer may want to bring in their own expert, after which it can become a case of dueling experts.
The cost of experts is usually born by the client, however when the case settles, if it settles in the favor of the vehicle owner, the expert costs are recoverable in litigation.
The thing to remember is that manufacturers are going to do everything possible to make the vehicle owner give up and go away. It is absolutely important that the vehicle owner keep this in mind as the weeks drain away. The manufacturer is counting on wearing the consumer down like water on dripping on stone, and at about the same pace.
Experts are part of the process. It is our experience that the experts we use are professional and tell it like it is. If the client’s defects are real, the expert will verify it, even if they are intermittent and report on it. If the defects are not verifiable or weak, the expert will verify this also. This is good for our client and it is good for our firm. We don’t want to lose because when we lose our clients lose and this is a very bad thing.
If you find yourself in a position where an expert is needed, whether it is with Norman Taylor & Associates or with another attorney, tell it like it is and the expert can help you win.
Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law - The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8 http://www.lemonattorneys.com or http://www.normantaylor.com For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.
What is the Pennsylvania Lemon Law? / Greg Artim
The Pennsylvania Lemon Law (73 P. S. sec. 1951 et seq.) is a powerful state statute that protects consumers and purchasers of defective motor vehicles. The Lemon Law was established in 1984, and originally protected only those individuals who actually purchased a motor vehicle. In the late 1990’s, with the popularity of leasing a vehicle increasing dramatically, the PA legislature began to see that those individuals who leased what turned out to be defective vehicles were left without a remedy under the Pennsylvania Lemon Law. To that end, the legislature amended the PA Lemon Law in 2001 to include vehicles that were leased after February 11, 2002 for protection under the law.
The PA Lemon Law, in a nutshell, provides for a refund of the purchase price or a replacement of the defective vehicle if certain criteria are met with regards to the defective conditions of the vehicle. The defective condition must substantially affect the Use, Value or Safety of the vehicle in question. Whether the Use, Value or Safety is affected for the most part requires application of the common sense test. If the vehicle has problems with the engine stalling while making left turns, that would likely be a serious problem that affects Use, Value and Safety. If the vehicle’s radio doesn’t pick up someone’s favorite station, that likely would not qualify as an impairment under the statute.
The PA Lemon Law provides that the first occurrence of the defect must arise within the first 12,000 miles, and that the Manufacturer be notified in that time frame as well. This notification can come simply in the form of having the purchaser/lessor take the vehicle in to the dealer for a repair. The law provides that the Manufacturer must be given a reasonable number of attempts to cure the defect, and in Pennsylvania there is a presumption that the number of repair attempts is three. An exception to that rule exists in that one occurrence of a defect which might cause death or serious bodily injury would be enough to render the vehicle a lemon. The type of defect necessary to fulfill that exception is not defined by the statute, and there has been no actual case law that has established what type of defect that might be. After the third occurrence of the defect, the purchaser/lessor of the vehicle can bring a claim under the Lemon Law, seeking either a refund of the purchase price or a replacement vehicle.
The Lemon Law also provides for recovery of all consequential and incidental damages, which generally include all payments made towards financing, any down payment made, any charges for repair costs, rental car charges, towing charges and the like. Perhaps the most important aspect of the Lemon Law is that it provides that the Manufacturer must pay the consumer’s Attorney Fees and costs if the vehicle is found to be a lemon. This serves to provide the public with free legal representation in Lemon Law cases. It would be hard to imagine a more public friendly statute.
Greg Artim is a Pittsburgh Pennsylvania based Consumer Attorney representing individuals who have had defective motor vehicles. Visit his website at http://www.ihatethislemon.com
The PA Lemon Law, in a nutshell, provides for a refund of the purchase price or a replacement of the defective vehicle if certain criteria are met with regards to the defective conditions of the vehicle. The defective condition must substantially affect the Use, Value or Safety of the vehicle in question. Whether the Use, Value or Safety is affected for the most part requires application of the common sense test. If the vehicle has problems with the engine stalling while making left turns, that would likely be a serious problem that affects Use, Value and Safety. If the vehicle’s radio doesn’t pick up someone’s favorite station, that likely would not qualify as an impairment under the statute.
The PA Lemon Law provides that the first occurrence of the defect must arise within the first 12,000 miles, and that the Manufacturer be notified in that time frame as well. This notification can come simply in the form of having the purchaser/lessor take the vehicle in to the dealer for a repair. The law provides that the Manufacturer must be given a reasonable number of attempts to cure the defect, and in Pennsylvania there is a presumption that the number of repair attempts is three. An exception to that rule exists in that one occurrence of a defect which might cause death or serious bodily injury would be enough to render the vehicle a lemon. The type of defect necessary to fulfill that exception is not defined by the statute, and there has been no actual case law that has established what type of defect that might be. After the third occurrence of the defect, the purchaser/lessor of the vehicle can bring a claim under the Lemon Law, seeking either a refund of the purchase price or a replacement vehicle.
The Lemon Law also provides for recovery of all consequential and incidental damages, which generally include all payments made towards financing, any down payment made, any charges for repair costs, rental car charges, towing charges and the like. Perhaps the most important aspect of the Lemon Law is that it provides that the Manufacturer must pay the consumer’s Attorney Fees and costs if the vehicle is found to be a lemon. This serves to provide the public with free legal representation in Lemon Law cases. It would be hard to imagine a more public friendly statute.
Greg Artim is a Pittsburgh Pennsylvania based Consumer Attorney representing individuals who have had defective motor vehicles. Visit his website at http://www.ihatethislemon.com
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