car lemon law

The term "Lemon-Law" is a nick name derived from other common terms such as "Lemon-Car", "Monday-cars" and "Friday-Cars".

A lemon car is a defective car that, when purchased new or used, is found by the purchaser to have numerous or severe defects not readily apparent before the purchase. Any vehicle with these issues can be termed a "lemon car" and by extension, any product which has major flaws that render it unfit for its
purpose can be described as a "lemon product".




Lemon Law - Car Warranty, the Background, Substance and Practical Implementation

Lemon Law Background

The term "Lemon-Law" is a nick name derived from other common terms such as "Lemon-Car", "Monday-cars" and "Friday-Cars".

A lemon car is a defective car that, when purchased new or used, is found by the purchaser to have numerous or severe defects not readily apparent before the purchase. Any vehicle with these issues can be termed a "lemon car" and by extension, any product which has major flaws that render it unfit for its
purpose can be described as a "lemon product".

New vehicles directly from the factory may contain hidden mechanical flaws or defects in workmanship, usually caused by an error during the build process of the car. These errors can range from parts being installed incorrectly, a tool that was used to build the car not being removed, a batch of materials with structural or chemical flaws or simply bad design.

Usually, a car is labeled a lemon if the same problem occurs 3 times in a row over a short period, and previous attempts at repair have not repaired the problem. In most cases, if you get a lemon, lemon laws will make the company buy back the car or exchange it.

Many of you might remember that during the late eighties the average American consumer almost lost faith completely with the American made cars.

The amount of lemon cars along with the high rate of over the average visits to the car garages as well as the high repairs and spare parts cost, caused many Americans to switch to Japanese and even European cars.

This was a period of time when Americans were reluctant to go to the dealers garages and preferred to go to oil & lube services only.

At that time Lee Iacocca the CEO of Chrysler Corp identified immediately the problem of mistrust of American consumers in American made cars, Chrysler launched a campaign on national TV promising to provide a bumper-to-bumper warranty coverage for 50,000 miles or five years, which ever comes first! Then GM came with the answer of 60,000 miles or 6 years,
which ever comes first! Chrysler returned with the final stroke of 70,000 miles or 7 years which ever comes first.

Few months later I went to the Buick main dealer garage in long Island, I was seating in the waiting room, next to me was a very nervous guy, I asked him why was he so upset with the garage, he explained to me that even though he had this bumper-to-bumper warranty It doesn't cover labor and the damn car is more than a week in the garage and they don't seems to be able to find what is the problem with the car...

The Magnuson-Moss Warranty Act is Known as the "Lemon Law"

The Magnuson-Moss Warranty Act is a United States federal law codified at 15 USC 50. Enacted in 1975, it is the federal statute that governs warranties on consumer products.

The Act was sponsored by Senators Warren G. Magnuson of Washington and Frank Moss of Utah, both Democrats.
State Lemon Laws have some differences like coverage of motorcycles and used vehicles, but there are some basic guidelines that they do share. (See 50 state by state Lemon Law Summaries at: http://autopedia.com/html/HotLinks_Lemon2.html).

In passing the Magnuson-Moss Warranty Act, Congress specified a number of requirements that warrantors must meet. Congress also directed the FTC to adopt rules to cover other requirements.

The FTC adopted three Rules under the Act, the Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions (the Disclosure Rule), the Rule on Pre-Sale Availability of Written Warranty Terms (the Pre-Sale Availability Rule), and the Rule on Informal Dispute Settlement Procedures (the Dispute Resolution Rule).

In addition, the FTC has issued an interpretive rule that clarifies certain terms and explains some of the provisions of the Act. This section summarizes all the requirements under the Act and the Rules.

The Act and the Rules establish three basic requirements that may apply to a warrantor or a seller.

A. As a warrantor, you must designate, or title, your written warranty as either "full" or "limited."

B. As warrantor, you must state certain specified information about the coverage of your warranty in a single, clear and easy to read document.

C. As a warrantor or a seller, you must ensure that warranties are available where your warranted consumer products are sold so that consumers can read them before buying.

The laws define what a lemon car is and require that the manufacturer, not the dealer, takes care of the defects. If a number of attempts have been made to repair a defect that significantly impairs the use, value or safety of a car and the car continues to have this defect, the car is than considered to be a "lemon".

Most statutes set up a warranty rights period of either 12 to 24 months or 12,000 to 24,000 miles. The defect(s) must occur sometime during this period.

Many of the state laws contain specific guidelines as to what constitutes a sufficient number of attempts to repair, and whether these attempts entitle the consumer to a refund or replacement. These are:

a. If the defect is a serious safety defect involving brakes and or steering, the manufacturer is granted one attempt to repair.

b. If there is a safety defect that is not considered a serious safety defect, the manufacturer has two attempts to repair.

c. For any other defect, the manufacturer is usually given three or four chances to repair the same defect.

d. If at any time the vehicle is in the shop for a cumulative total of 30 days in a one year period, with at least one of those days occurring the first 12,000 miles.

If any one of these guidelines can be satisfied, the consumer usually given the right to require repurchase or replacement of his car with him.

Most lemon laws do allow an offset for use of the vehicle by the consumer. Oftentimes, a reduction in the consumer's purchase price return is used in relation to the number of miles he/she had put on the car. One law spells out the reduction in refund for use as follows:

(miles at time of refund X purchase price)/100,000

Only about one half of the lemon laws allow the consumer to recover attorney's fees in his/her action. Those states that do allow attorney's fees provide for a greater likelihood of success and representation in warranty disputes.

What the Magnuson-Moss Act - Lemon Law, Does Not Require

First, the Act does not require any business to provide a written warranty. The Act allows businesses to determine whether to warrant their products in writing. However, once a business decides to offer a written warranty on a consumer product, it must comply with the Act.

Second, the Act does not apply to oral warranties. Only written warranties are covered.

Third, the Act does not apply to warranties on services. Only warranties on goods are covered. However, if your warranty covers both the parts provided for a repair and the workmanship in making that repair, the Act does apply to you. (Source: http://www.ftc.gov/index.html).

Finally, the Act does not apply to warranties on products sold for resale or for commercial purposes. The Act covers only warranties on consumer products. This means that only warranties on tangible property normally used for personal, family, or household purposes are covered. (This includes property attached to or installed on real property.) Note that applicability of the Act to a particular product does not, however, depend upon how an individual buyer will use it.

The Author Resource box must be included with the article copy!

Amit Laufer is a writer & Internet Marketer. MBA - International Trade & Finance. Bsc. Computers and Information Systems.

Owner Editor of: Lemon Law

car lemon law

Regardless of what precautions a buyer takes, every once in a while, somebody is going to end up buying a busted auto. Such things happen to be among the unavoidable, unpleasant little details of life.




Used Car New York Lemon Law

Regardless of what precautions a buyer takes, every once in a while, somebody is going to end up buying a busted auto. Such things happen to be among the unavoidable, unpleasant little details of life. However, such things are also the reason several states, New York among them, have lemon laws. Protecting consumers is the core purpose of the used car New York lemon laws and a smart consumer would do well to know those laws before making a purchase. While the used car New York lemon laws can be complicated and confusing for those who aren't trained attorneys, there are some aspects of the law that are easy to understand and should be known by all consumers.

First off, the used car New York lemon law requires that a seller, be it a dealership or website, provide the buyer with a basic warranty, on paper, for the auto. While the mandated coverage periods of the warranties vary with the mileage on the vehicle being sold, most consumers do feel some degree of security knowing that there is, at least, some sort of protection for their purchase. The law also requires dealers to pay the cost of repairs of vehicles are still in the legal provisions within the coverage area. The lemon law also forces dealers to repair parts outside the coverage period, provided the buyer informed the seller of the defect before the warranty runs out.

In relation to the repair-related clauses of the law, the used car New York lemon law also states that once an automobile has been repaired or parts of the machine replaced, three times, the dealership is obliged to accept the machine, should the buyer decide to send the auto back for a refund. Such a return, however, is disqualified if the vehicle was damaged by the buyer or through regular use and not by flaw or damage present before the machine was sold. Thus, the law forces dealers to take responsibility and make sure that every car that their lot has sold is in good condition and is not likely to break down within a span of a few days.

The used car New York lemon law also makes it impossible to deny the warranty. Dealers are mandated by the law to uphold their end of the bargain, regardless of whether or not the buyer has been made explicitly aware of the limited guarantee. On a side note, dealers are also required to divulge the existence of the limited guarantee to the buyer once the purchase is complete. According to the clauses in the law, any attempt made by a buyer to waive the warranty will not be recognized. Such clauses were put into place for the specific purpose of protecting unwary consumers from the dealership's tactic of convincing buyers to waive the right to have the dealer repair any damage that was caused or ignored while the vehicle was not with the buyer.

As with similar laws in other areas, the used car New York lemon law was designed to protect consumers from being ripped off by unscrupulous resellers. While NYC has a reputation for having a large population of people more than willing to unlawfully take another person's money, used car New York lemon laws provide at least some level of comfort to used car buyers.

For more valuable information on Used Car New York, please visit classifieds.itrustmotors.com//cgi-bin/classifieds.cgi?db=cars

car lemon law

California may soon pass legislation protecting buyers of used cars from defects and unscrupulous business practices. Other states may soon follow.




Lemon Laws for Used Cars are Just Around the Corner

In 1982, California became the first state to pass an automobile "lemon law" which gave owners of defective cars the opportunity to seek a replacement or a refund for a new car that had a defect that could not be repaired in a reasonable amount of time. This law proved so popular that other states soon followed suit. Less than twenty five years later, all fifty states have some sort of lemon law on their books. California may take the lead again in the protection of auto buyers as the state Assembly recently passed a "bill of rights" designed to protect buyers of used cars.

This bill, which has not been signed into law, would protect buyers of used cars from deceptive lending practices, sales of lemon-law buyback vehicles, and vehicles with frame damage. Buyers would also be allowed three days in which to cancel the deal if they changed their mind after the purchase.

This bill may or may not become law, but it outlines the need for laws that cover sales of used cars as well as new ones. While all states have a lemon law that covers the sale of defective new vehicles, few states have laws that protect buyers of used vehicles. As a result, many buyers have become victims of deceptive practices such as rolling back a vehicle's odometer to show fewer miles, reselling cars that have previously been bought back by manufacturers as lemons and selling wrecked cars that have been repaired without noting their accident history. In addition, many used car dealers sell cars using deceptive financing terms that can add hundreds or thousands of dollars to the cost of the vehicle, often without the buyer's knowledge.

If this law does not become law in California, and is expected to do the other countries, as they did with the lemon laws. Consumer protection benefits everyone, and laws protecting buyers of used cars are just around the corner.

�Copyright 2005 by Retro Marketing.

Charles Essmeier is the owner of Retro Marketing. Retro Marketing, established in 1978, is a firm devoted to informational Websites, including LemonLawHelp.net, a site devoted to automobile lemon laws and End-Your-Debt.com, a Website devoted to information about debt consolidation and credit counseling.

car lemon law

What a shame. Another issue that only the California Lemon Law can fix! But at least this law is there for consumers. In some other states, it doesn't even exist.




Brake Problem on Your New Car! How Can the California Lemon Law Help?

What a shame. Another issue that only the California Lemon Law can fix! But at least this law is there for consumers. In some other states, it doesn't even exist.

It's so hard to try and fight the mega corporations that have tons of money and influence. This is why, even though I'm not an attorney, I got involved with writing these articles. It really bothers me that many auto dealerships and manufacturers get away with selling lemons and not having any accountability for doing that. Well, not in California as well as a few other states in the United States!

But people wonder, what about me will be within the scope of this law? Again, a lawyer, so do not all share some of my many stories of people writing to me. If you can relate to any of this, then the California Lemon Law is probably going to help you.

It seems that many of the issues that people deal with related to the braking system of the vehicle. I've gotten countless letters and emails regarding brakes, which is a very dangerous situation indeed. But this situation is about their ABS; automatic braking system.

A professional young man, late 20's, purchased a very hot new car which he asked me not to many the make so people wouldn't know it was him I was talking about. Anyway, you know what happened. If you've been reading these articles, you know as well as I do that there was a problem. And yes, the California Lemon Law covered the following situation.

The young man lives in the Hollywood Hills. After just a few months having his vehicle, the ABS system failed to work. Yes, you have it right. A brake problem on a fairly new car living in the middle of nothing but big hills and hairpin turns.

It all started when he was coming down the mountain to go to work a few months ago. With it being very early in the morning, there was no one on this back road. There was a red light up ahead, so he applied his foot to the brake; nothing. His foot went to the floorboard with no brake whatsoever. He panicked. At this point, no, the California Lemon Law is not the first thing that came to his mind. All he was hoping for at this point was to make it out of this situation alive.

Thankfully, no one was coming toward him or was in front of him. He slowly pulled up his emergency brake and went toward the dirt embankment on the side of the road. He finally came to a stop. He picked up his phone and left a 'not so nice' message on the phone of the dealership and then showed up in their lot the second they opened. Before he had gone, he looked up online to find if there were any laws which covered this. Yes, he found the California Lemon Law.

The people at the dealership assured him that they would take care of the situation immediately and gave him a loaner car. He felt much better. He was to pick his car up later in the day, so he went back to work not realizing that what had happened is that he really owned a 'lemon' and his problems were just beginning.

To make a long story short, he wasn't even out of the parking lot of the dealership and the brakes gave way again. Since that day, he spent over 2 full weeks, at intermittent times, with that car in the repair shop. He soon realized that he had to find a California Lemon Law Attorney who specialized in these types of situations, if he was ever to get his money back from the manufacturer.

What ended up happening? Without any out of pocket expenses, this young man got compensated for everything and within a 30 day period. But, he had an attorney that knew this law inside and out, specialized in it and knew exactly how to make the dealership and car manufacturer want to settle with him.

Think your driving a lemon? - Free California Lemon Law Case Evaluation - Get yours now!

California Lemon Law Attorney - Get the answers you need today!

car lemon law

Defective materials on a vehicle that were not easily noted at the time of purchase are what a typical definition of a lemon. If a vehicle has a defect that was repaired four times and still has not been fixed, and it is still under warranty, then this is a common example of a lemon.




Lemon Law For Cars - What is it Exactly That Makes a Vehicle a Lemon?

Defective materials on a vehicle that were not easily noted at the time of purchase are what a typical definition of a lemon. If a vehicle has a defect that was repaired four times and still has not been fixed, and it is still under warranty, then this is a common example of a lemon.

Always research your state laws if you feel you have a lemon. Majority of states have molded their own lemon laws around the Magnuson-Moss Warranty Act. This law makes it illegal for a dealer to not honor a warranty on a product. Each state will have its own laws on lemons, just because your vehicle may not be covered by the lemon laws of your state does not mean that it is not covered under the federal laws. Without the proper research a consumer may not have knowledge that they have or may be purchasing a lemon. Whatever the case may be, it is always a good idea to do research on any vehicle purchase, new or used.

Some items on a vehicle do not constitute it to be considered a lemon under the law. If the paint peeling or fading, a mechanical problem, then this car a lemon is not regarded as excessive noise. Throughout the warranty period if there are numerous things that go wrong with the vehicle; this does not necessarily mean it is a lemon either. Some instances that might constitute a lemon are, door locks working improperly or not at all, or the vehicle does not set its cruise control speed correctly. Most state laws say that if one default is enough to cause bodily injury, then this alone can make the vehicle considered a lemon if the vehicle manufacturer or dealer cannot after one attempt fix the situation.

A consumer's rights under lemon laws can be lost however. If a consumer has a vehicle that otherwise would be considered a lemon, but fails to report to the proper people that the vehicle is malfunctioning. This consumer may lose their rights under the laws of that state. Consumers can be protected from lemons if they properly record and keep good documentation of any and all repairs made to a vehicle. What starts off as a simple mechanical problem that is not recorded correctly could end up becoming a major problem. Proper record keeping lets future repairs reflect on whether or not it was a previous problem. Without this knowledge, even if something has been repaired before it may not be caught as a reoccurring problem.

Lemon laws usually refer to lemons as new vehicles, however some used vehicles can be considered lemons also. If a manufacturer or dealers warranty is still valid on a used vehicle, then it can still be considered under the lemon laws. A prime example of this would be, after a vehicle is wrecked and the body cannot be repaired, another vehicle's body is used in place of the wrecked one, this is known as cut and shut. Some states strictly prohibit this from happening under their laws for the possibility of injury it poses to the consumer and others drivers.

For more information on filing a lemon law as well as popular questions like inclusion of rail dust in lemon law when you visit http://www.lemoncourt.com.

car lemon law

Used Car Lemon Laws




Used Car Lemon Laws

Although most everyone is aware of the lemon law as it pertains to buying a new car, many consumers may be surprised, and relieved, to know that the lemon law can also extend it's coverage to used cars. The used car lemon law, like it's counterpart, can change from state to state, but there are some basic details that will help you to decide if you qualify for this coverage.

First, when you purchase the used car, it has to come with some type of warranty, either the manufacturer's warranty or one written expressly for that car. These warranties include extended warranties and warranties that are written from the car dealership. This is critical. Without any type of warranty, in most states, the coverage will not apply. If you have bought your car privately, chances are remote that you will be covered. If you have met the requirements needed when purchasing your used car so that the used car lemon law pertains to your purchase, there are steps that you need to be aware of that will help if you find you've purchased a lemon.

Document, document, document! This, again, is critical. Keep a written account of every repair, every person you have spoken to about these repairs, and what was said in these conversations. Make sure you receive an invoice and a warranty for repairs each and every time your car is in the shop. Even if the repairs were covered under a warranty, get an invoice anyway. Without documentation to back up your claims, damages under the used car lemon law will be hard to prove.

Be accurate. Make sure you've detailed the problem clearly and thoroughly and that the repair shop has written everything down just as you said it. Do this every time you take the car in for repairs. Keeping this information clear and precise will help if you need to use the use car lemon law.

If your car breaks down on the road, document the time and date and exactly what happened and where. Make sure this goes into the record at the repair shop. Also, before you turn in your car for repairs, make a note of the odometer reading. Have them record this on the invoice. By doing all these things, the law used car lemon should function effectively and could only be the outside need.

By Ray Walker

Lemon Law Information [http://www.e-lemonlaws.com]

car lemon law

If you bought a new or used car which came with a warranty and it keeps breaking down with the same fault, you may be able to obtain a new car, or claim a refund, under your state's Lemon Law. Read on...




Lemon Laws and Defective Vehicles - You Could be Owed a New Car

In the automotive world, a new or used vehicle that has been purchased under warranty, which keeps breaking down with the same fault and is never actually repaired, is said to be a lemon. There are laws in every state in the US that protect the consumer from the hands of dodgy vehicle manufacturers - namely, the Lemon Law.

It is stressful enough that your car break down in the first place, especially if it is brand new and hasn't even been put through its paces yet; but if it is under warranty and the dealer refuses to fix it, go see a lemon law lawyer as you may be entitled to a new car, a replacement, or your money back.

It's not just cars that are protected under state lemon laws; many different types of vehicle are covered depending on which state you are in. For instance, a lot of states also cover trucks, minivans, SUVs, RVs, campers, boats, motorcycles, and even jet-skis. It doesn't take much research to see if your particular vehicle is covered either; simply check the Federal Warranty Act in your state.

Lemon Law Claims

Vehicle manufacturers who know they have been selling rubbish vehicles or potential death traps have been known to drag their feet when someone complains about their new vehicle falling to bits for fear of massive recalls. There is also a flip side to that coin; other manufacturers may settle fairly quickly as to avoid unwanted bad publicity caused by your lemon.

One thing you should never do if you have a suspected lemon, is be tempted in taking your car elsewhere to be repaired thinking that someone else may do a better job. If a lemon is suspected, the manufacturer will want to examine your car before making any decisions and you may even void your warranty by going elsewhere.

So, in short, if your new or used vehicle was bought with a warranty and it keeps breaking down on you, or has had a serious defect with the braking system, then speak to an attorney about the possibility of invoking a lemon law lawsuit. Don't feel you are being a pain by continually coming back with your fault; keep at it and don't give in.

David R is senior editor of the site http://www.dunfermline-car-club.co.uk, a comprehensive automotive website which includes a break down of the US Lemon Law, with overviews of every state lemon law, driving tips for the USA, and insurance information and advice.

car lemon law