Posts Tagged ‘Lemon’

A Look At Lemon Laws

A Look At Lemon Laws

Beginning on July 1, 2006, California granted its car-buying residents a new set of protections under the Car Buyer’s Bill of Rights. Not only will these new rights change the way cars are bought and sold in California, they’re already spreading across the country and being adopted by other states as well.

The protections under the new law apply to vehicles (cars, trucks, SUVs) purchased in California for personal use from a dealer/dealership. They do not apply to private sales, out of state purchases, commercial vehicles, RVs and motorcycles.  

What are the protections?

1. The Two Day Return

Used car buyers now have the opportunity to protect themselves with a two-day return option. This is designed to help buyers who may not have had the time to have the vehicle properly inspected by a mechanic, for those who are purchasing a car “as is,” or for those car buyers who might have succumbed to the pressure to buy on the spot.

There are a few limits on the two-day return protection. First, the option only applies to used vehicles purchased through a dealership for personal use that cost ,000 or less. Second, the dealership can charge you for this option (anywhere from to 0, plus a restocking fee, all depending on the price of the vehicle). Additionally, the vehicle must be returned within two days, having been driven fewer than 250 miles, and be in the same condition as when it was purchased.  

2. Trade-Ins

With the two-day return option, the dealer is required to hold onto your trade-in until the option expires. If the dealer sells your trade-in early, you’re entitled to the vehicle’s fair market value or the price listed in the cancellation agreement, whichever is more.

3. Certified Used Cars

In the past, any used car that a dealer has had inspected by a mechanic could be advertised as a “certified pre-owned vehicle.”  This is no longer the case. Dealers can no longer advertise (or sell) certain problem cars as “certified pre-owned vehicles.”

4. Seller Disclosures

Under the new law, auto dealers must provide the following in writing:

a.  The price of the vehicle without extra options and add-ons.

b.  The specific price for add-ons, such as anti-theft devices, fabric protection, extended service contracts and “gap” insurance.

c.  A copy of your credit score if you’re getting a loan through the dealership. Your credit score will range from 300 to 900, and reflect your credit worthiness as primarily determined by the timeliness of your past loan payments. If your credit score is high enough, you can often benefit from lower interest rates.

5. Limit On Interest Rate Markups

It’s a common practice in the industry for auto lenders to pay dealers an incentive for getting buyers to pay a higher interest rate than they should be paying, according to their credit history. This additional boost in the interest rate is referred to as a “markup.” The new California Car Buyer’s Bill of Rights limits the markup a dealer can receive from a lender to a maximum of 2.5% for loans up to 60 months and to 2% for longer loans.

The New California Car Buyer’s Bill of Rights is designed to make it safer for you to purchase your next used vehicle through a dealership without fear that you’re going to get stuck with something you either don’t want or  something that doesn’t live up to its advertising. Knowing your rights can save you both months of headaches and significant money, but only if you take advantage of them.

Related California Lemon Law Articles

Automobile Lemon Law – Lemon Law specifics

Automobile Lemon Law – Lemon Law specifics

It is common for lawyers to file frivolous suits that are unable to meet the lemon laws rules and guidelines. Many times the lawyer does not make sure that the consumer has followed through with the guidelines set forth by their state and the federal government. A consumer should seek the professional knowledge of a lawyer who is trained in this type of law for specific guidelines in their state that must be followed. The federal government has rules that must be followed, as well as each of the states has certain laws that must be followed. Below are some of those states laws.

Alaska

In order to bring suit in Alaska over lemon laws, the consumer’s vehicle must have had three repairs that went unfixed, or they must have went thirty days with the vehicle being out of commission, within one year of purchase or less. Alaska requires certified notification to the seller of their inability to correct the problem after several attempts. It should also be noted to the seller that the consumer demands that a replacement be supplied, or a full refund within 60 days, after this the manufacturer or dealer will have thirty days to correct the problem on last time.

California

Here it is almost the same laws, except that the repairs have to been attempted four times with no correction, or thirty days without the vehicle in service. These thirty days can be spread out within eighteen months or 18,000 miles. This or at least a reasonable amount of repair attempts must have been made. In California, if you are thinking of filing suit, you must first notify the manufacturer in writing and allow the vehicle to be repaired by them within thirty days. Since 2001, only two repair tries are needed to constitute a lemon when safety is a concern that could possibly end in death or serious bodily harm.

Georgia

Here it is required that only three attempts have been made without correcting the problem, but they must be done consecutively and within 24,000 miles, but less than twenty four months. Only one failed attempt is need for safety concerns such as brake defects, or malfunctioning steering control during the first year, or under 12,000 miles. The consumer must notify by certified letter the dealer or manufacturer, which will include a receipt. They then have seven days to contact the customer about repairs, and they have fourteen days to complete the repair.

Iowa

Here it is only needed that three attempts have been made for a repair. One failed repair on a safety concern, or thirty days with the vehicle being out of commission in two years, or 24,000 miles. A standard written notice, certified or registered mail, the manufacturer has to be given ample opportunity to make repairs within ten days of the notice.

As shown here, each state’s laws may differ slightly, but each state has an arbitration method, although it is not necessarily mandatory or is it always needed or wanted.

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Lemon Laws: Knowing Your Rights

Lemon Laws: Knowing Your Rights

Every state has its own Lemon Laws in effect to deal with unscrupulous car dealers that sell used cars and trucks in need of serious repair, without disclosing problems to potential buyers. Understanding your state’s Lemon Laws can save you thousands of dollars in costly repairs, and ease the stress of dealing with dealers and mechanics that may refuse to fix the problems once the vehicle has been driven off the lot.

Lemon Law protection can vary greatly from state to state. In California, for instance, it is illegal for a dealer to sell a car with unsafe tires, non functioning lights or even broken or chipped glass, while New York car buyers are guaranteed at least a limited warranty when purchasing a vehicle with less than 10,000 miles or that is sold for more than ,500.00. To find out more about the restrictions offered under your state’s lemon laws, contact the state attorney general’s office or consumer protection agency.

What To Do If Your New Car Turns Out To be A Lemon..

When Buying From A Dealer:

When purchasing a new or used car or truck from a dealer, you may have a bit more leverage to negotiate a fair settlement, than you would have with a private seller.

If you are having a problem with a car that is still under warranty, but the dealer refuses to fix it, contact the warranty’s service representative in your area for assistance. These representative’s are authorized to approve repairs, despite the dealer or their mechanics say.

If the vehicle in question was purchased by a franchise dealer, contact the National Automotive Dealer’s Association’s Consumer Action Program at 1-800-252-6232 or visit their website at nada.com.

When a buyer suspects that car they recently purchased may have been a rebuilt wreck, it’s important to contact the National Association of Consumer Advocates at naca.net. They can put the buyer in touch with an attorney that deals specifically with this issue.

Dealing with a lemon can be frustrating, especially when the buyer thinks that they’ve safeguarded themselves by purchasing their new or used vehicle from a reputable dealer. Before deciding to take the dealer to court to rectify the situation, first consider mediation through a dispute-resolution organization to help expedite the arbitration process. If, however, the dealer is unwilling to meet with a mediator, finding a good lawyer may be the next best option.

When Buying From A Private Seller:

When purchasing a vehicle from a private dealer, extra caution must be taken to avoid getting stuck with a lemon, since the buyer’s options for reaching an amiable agreement are much less than when purchasing a car from a dealer.

Try to get a written guarantee as to the condition of the car in writing prior to the sale. Small claims court is the best court option to solve disputes for restitution amounts under ,000. No lawyer is needed for small claims court, saving the buyer legal fees. Contact the clerk at your local small claims court for more details on filing a suit.

Buying a used car can be risky, whether purchasing it from a dealer, or a private owner. Buyers should always be cautious when considering a used car or truck and have it checked over well by a certified mechanic before committing to any purchase.

Can someone give me a ‘Dummy’ explaination of the California Lemon Law?

Question by Lali: Can someone give me a ‘Dummy’ explaination of the California Lemon Law?

I bought a 2007 Nissan Altima this past may from a Mercedes-Benz dealer…The car is running weird ever since the beginning. The dealer said I had to take it to the Nissan dealer since the car is still under warranty. The Nissan dealer told me to take it to the dealer I purchased the car from…I could swear the car is a lemon because I just noticed all the things wrong with it…Like the weird idling and the steering wheel clicking when I make turns.

Can someone please give me a ‘Dummy’ version of the California Lemon Law?

Can I also get a reference on how I can find out if my car is in fact a ‘Lemon’?

Thanks everyone

Best answer:

Answer by Rudy_kazootie
The plain version. There is no lemon law for used cars. Simple enough. If it is still under warranty it would need to be worked on by the dealer brand that sold it (Nissan).They would have three tries to fix a specific problem and then it may be considered as a “lemon” (key word being MAY).

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Knowing when it?s Time to Contact a Lemon Law Attorney

Knowing when it?s Time to Contact a Lemon Law Attorney

You may qualify for the lemon law, if you spend more time getting your car repaired then you do driving it. Consumers are sold some cars with long lists of previous mechanical problems. If your car repeatedly has mechanical issues, then you might have a lemon. This means that the vehicle keeps on having the same mechanical issues, no matter how much money you spend on fixing the car, or no matter what you do. How can you be helped by the lemon law?

If your new car is repeatedly in need of repairs for the same problem and you’ve had it just a short time, you probably have purchased a lemon. If your dream car turns out to be a lemon, a lawyer can help you with getting the car returned and your money refunded. In California, the lemon law was established to protect you from this situation.

The lemon law has been crafted to protect you when you purchase a vehicle that is in good condition when you buy it, but develops mechanical issues after awhile. The problem is not apparent immediately, however, it can occur after you have driven some miles. If you bought a car that is a lemon, a lemon law attorney can intercede between you and the car dealer or person that sold you the car, so that they follow lemon law guidelines.

Who wants to pay good money for a car that doesn’t run properly, especially when you can’t drive it because it’s always in the shop? If the dealer won’t admit there’s a problem, the lemon law can help you, and a lemon law attorney can show you how. If the dealer refuses to help you with the lemon he sold you, a lemon law attorney help protect your rights and show you how to get the car returned.

Related California Lemon Law Articles

The Lemon Law Protects You and Your Family

The Lemon Law Protects You and Your Family

If you think you have a lemon, then you probably do. Thankfully, you also have rights.

The Lemon Law, technically entitled the “Song-Beverly Consumer Warranty Act,” protects residents of California from defective vehicles and allows Californians to take legal action against the manufacturers.

The Lemon Law is fairly straightforward and easy to understand. The manufacturer must either replace the vehicle or reimburse you an amount equal to the purchase price, if the manufacturer cannot repair your vehicle after a “reasonable” number of attempts.

A “reasonable” number of attempts is defined as the manufacturer being unable to repair the same defect after four tries. If the defect is “life-threatening or likely to cause serious bodily injury,” however, you are only required to have two repair attempts. Additionally, if the vehicle was inoperable for a cumulative total of thirty days, so long as the repairs are attempted within the manufacturer’s warranty period, this would be considered “reasonable” under the Lemon Law.

The manufacturer must pay for license fees, rental expenses, towing, and out of pocket repairs in addition to replacing the vehicle or reimbursing the vehicle purchase price. Attorney’s fees and other losses may be paid.

But beware – there are conditions. The use, value, or safety of the vehicle must be affected by the defects, and the vehicle must still be under the original manufacturer’s warranty. For example, under the Lemon Law, a constantly broken cup holder would not qualify.

Different laws also apply to off-road vehicles like motorcycles, motor homes, and other such vehicles. The manufacturer is additionally entitled to take a deduction for mileage accrued on the vehicle prior to the defects occurring, and other restrictions can be applied.

The ability to rid yourself of your lemon and regain most, if not all, of the cost of buying the vehicle (including loan or lease expenses incurred post-purchase) are advantages for you. You could also get back a good portion of other losses resulting from the malfunctioning vehicle. This proves that the Lemon Law truly is a law designed to protect the consumer.

Automobile Lemon Law – Method Of Filing A Case Under The Lemon Law

Automobile Lemon Law – Method Of Filing A Case Under The Lemon Law

For a consumer who is thinking of filing a suit under the lemon law, they must have a vehicle that is considered a lemon.  This is a vehicle that has mechanical problems that cause loss of use of the vehicle in excess.  If proper notification has been made to the dealer or manufacturer and they have been unable to correct the problem, or have not attempted to refund the consumers money or replace the vehicle, then suit may be filed.  The proper method of filing a suit will differ slightly depending on the state of residence.  First the consumer must file a complaint.  A form for filing a complaint is available on the internet for the majority of states.  The consumer should be aware of any other procedures that must be followed.  In Example, if the consumer resides in Texas, then there is a fee that is non-refundable that must be sent along with the complaint forms.  These fees can be awarded to the consumer if they win their case.

New Jersey requires you have a hearing in Division of Consumer Affair’s Automotive Dispute Resolution Program.  The consumer may use the informal dispute settlement program available from manufacturers.  Another method of using the lemon law would be to file a civil case.  In some states a hearing would be held in front of an Administration Law Judge.  It is not necessary to have a lawyer for this hearing.  It is always a smart idea to have a lawyer in any kind of suit, most of the time the manufacturer or dealer will be represented.    In some states it is not necessary to use an attorney to file a suit.  If the consumer has the proper documentation and records, then they can file a suit on their own.  There are many things the consumer must prove.  One, the vehicle was bought and is the property of the consumer when the hearing takes place.  Two, that there was a problem with that vehicle while it was listed as covered under the warranty.  Three, the problem was correctly reported to the dealer or manufacturer, and they were given enough time to correct the problem.  Four, the complaint or suit was brought forth during the correct time limit.  Five, the manufacturer or dealer were notified in writing of the vehicle problem hindering the usage of said vehicle, or that the vehicle poses a safety or injury risk.

Certain states have a non binding arbitration at the beginning of a case.  Some, such as California, have voluntary arbitration that is typically started by the manufacturer or dealer.  This type of arbitration is steadfast to the manufacturer or dealer, but not to the consumer.  If the results of arbitration are less than satisfactory, an appeal can be filed to a superior court, or a new case brought.  A lawyer is always a good idea to have for the filing stages of the case.  Again, most manufacturers and dealers would have representation, and the consumer might lose his/her case in this instance.

Nancy Lemon, a Berkeley Law lecturer and leading authority on domestic violence for more than 20 years, has been selected to receive an Outstanding Women of Berkeley Award. To commemorate National Women’s History Month, the Commission on the Status of Women each year recognizes and honors the efforts of extraordinary women who live, work or learn in Berkeley, and who have done outstanding work in the Berkeley community. Lemon has been teaching the Domestic Violence Seminar at Boalt—the first law school class of its kind—since 1988, and she also directs the Domestic Violence Practicum.

CALIFORNIA LEMON LAW — please help, what can be done here?

Question by Finnale: CALIFORNIA LEMON LAW — please help, what can be done here?

My poor housekeepr bought a salvaged car for 50 and was told the transmission was restored, but has since had to put hundreds in to get the car to work — she almost had an accident on the freeway.

She showed me the “Deposit Receipt” where she paid 00 and it does say “as is – no warranty” and the sales rep wrote in that the car was “fixed” listed minor repairs, and “alignment”

Isn’t there a “Lemon Law” that can help her via state agency or in small claims court?

She has been to the business (Elite Auto Sales in San Diego) and says the owner is always “unavailable” and one of the guys who works there told her they knew the car didn’t work, that’s just they way its — the neighbors to the business also told her they do this all the time — rip off the poorest people.

What should she do?

Best answer:

Answer by Bill
A salvage car is a car that I would bet is exempt from the lemon law.

What do you think? Answer below!

Home For Sale in Lemon Grove, CA. – Realty Times

Joe: This newly constructed home, sitting on about a 15000 sft . lot, is located in a Small gated community called “Lemon Grove Estates” Hil: This is a small community on a private street. Joe; This 2009 2 story home features a beautiful formal entry, that leads to the 1st flr where you will find the living room with custom wrought iron railing, wood trim accents are featured on the LED lit staircase and a rustic chandelier Hil: The Kitchen Island has 4-drawers. There’s a 48 inch Wolf stove top (with 6 burners & skillet), a Miele microwave & oven, convection oven, a 36 inch Kitchen Aid Sub-Zero Fridge, Fisher and Paykel Double dishwasher , Wine Cooler. AND … Joe: Custom made alder wood cabinets, Recessed lighting, drop down fixture lamps, and that great designer look. Hil: All this, along with a 2 car garage, large laundry room, and fire sprinklers. This home has it all, with Custom blinds and fans, Extra large crown & base molding, and Anderson Windows that are dual pane and low-e Joe: There is Recessed lighting and speakers, TV hook ups, Cat 5 cat 6 wiring, and a speaker system wired for sound. Hil: You’ll find an ENTRY LEVEL MASTER BEDROOM with fireplace, a Large master bath with duel sinks, tiled Shower and jacuzzi spa tub, decorative glass tile, custom recessed lighting, along with a large walk in closet Joe: On the second floor you’ll see 4 more bedrooms — 1 with access to the upstairs balcony . And there’s a 6th room that is either a bedroom or an office! Hil: 2 …

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Does Your RV Qualify For Lemon Law Safety?

Does Your RV Qualify For Lemon Law Safety?

The Lemon Law protects owners of all types of vehicles even Recreational Vehicles, in most states. If you live in a country where your RV is covered by the Lemon Law here is helpful information you will desire to know.

Because laws regarding lemon law protection different from one state to another it is important to find out whether or not your RV qualifies for lemon law protection where you reside. Being able to present a case with accurate information is absolutely necessary and before purchasing an RV you need to know where you stand.

The Magnuson-Moss Warranty Act covers recreational vehicles at a federal level. This legislation means that you have some coverage relating to any product over a certain value that comes with a warranty and goes some way to protecting automotive lemon law owners against problems with dealer warranty repairs.

You must have an active warranty. If you do not, you are not covered under any law, and will be stuck with the bill for repairs or keeping the unacceptable vehicle. If you’re covered, you can use this law to take any dealer or manufacturer to court to win back costs or replacement. You have to offer grounds that a dealer has been given right opportunity to set the trouble you’re having and has failed, or that recent crisis constantly seem to originate causing you to lose over 30 days of road time across an 18 month or less period.

These problems need to be severe enough to affect the advantage of your RV, its operation or its guard. If a vehicle doesn’t pass safety standards and you’ve repeatedly attempted to have the problem resolved then you may qualify for the protections offered by the law.

It is worth noting that accessories are not included in any refund costs and you must be set to take a loss if these have been added.

Your RV does not need to be brand new to qualify, however it does need to have a warranty period that is still valid when the issues arise. If it does not, you will no longer be eligible for protection and may be stuck with a vehicle that is less than satisfactory, so always take extended warranty options for used RVs if they are offered, if only for peace of mind with the car lemon laws.

Keep records of all repairs including time taken and have each repair written up independently. Don’t allow mechanics to add repairs that are done in a very short period of time to the same work sheet as this will only count as one event. Understand your rights and make complaints formal for better use as evidence if required at a later stage.

It is best to seek out the advice of a lemon law lawyer that specializes in this type of case. You can also fix by using the internet to find particular facts to your condition, and research previous decisions that may relate to your cause thoroughly. If a precedent has been ready for your particular range of issues, then it’ll be much easier to win a case against the producer or trader.