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Thursday, May 29, 2008

You Can Win Your Lemon Law Battle

By Karen Kirby

Winning a lemon law battle can be time consuming. However, the lemon law is there to protect you, and it's becoming easier to win your case.

First of all you should get your state's information on lemon laws, consider all of your options, call the lemon law 800 number, and put your trust in the men and women who know what to do to get you a fair lemon law settlement. They will answer all of your questions, for example, "Who pays lemon law court fees?" Every state has lemon laws that are a little different, but by all means put your faith in the lemon law system.

Using the power of your state's law system, you will find all the answers you need. They will do the work for you and charge you little for the work. In the end, if they win the case, the person who sold you the lemon will pay your court fees anyway!

In many states, arbitration is used to solve problems when a car still under warranty turns out to be a lemon.

Lemon law provisions, like those of the California lemon law, often allow for a specific arbitration process that saves you time and money over expensive court hearings. Under the California lemon law, there is an arbitration process that the Better Business Bureau uses that helps consumers with lemon cars.

Check into the exact lemon law requirements of your state, and before going immediately to court, it may be in your best interest to use an arbitrator.

Just be sure to get started right away by making the right contacts and keeping documentation.

Lemon Laws in Your State - What You Need to Know

By Karen Kirby

Every state in the U.S. has a version of the lemon law. The lemon law and qualification requirements are not exactly the same from from state to state, but the basic rights under the law provide you with basically the same level of protection. That is, if you purchase a car that turns out to be a "lemon," you are entitled for a refund or replacement vehicle. But you have to know your state’s law to claim your lemon.

Your state probably also has some type of law that requires car manufacturers to honor car warranties under certain conditions. These laws also vary from state to state. It is up to you as the consumer to do some research to determine the laws and statutes in your particular state.

For example, the Texas lemon law is available to consumers who buy or lease new vehicles in Texas. This automobile lemon law obligates manufactures to repair, replace, or refund the price of motor vehicles that prove to be defective time and time again. While the lemon law covers many different defects of a vehicle, you have to know the letter of the law to get your vehicle declared a lemon.

In California, the Song-Beverly Consumer Warranty Act, or "lemon law" as it is more commonly called, benefits consumers greatly. The California lemon law provides protection when purchasing new and used vehicles, making California consumers the most protected car buyers in the country. Offenders must offer a refund or replacement car for purchases that turn out to be "lemons" under the California lemon law.

So if you live in California you are pretty lucky if you need to use the lemon law. However, your state may have laws that are almost as good. You should go to Google and search for "lemon law" plus your state's name to find out exactly what your state's lemon laws are.

Pennsylvania Lemon Law - 10 Things Car Owners Should Know

By Karen Kirby

Lemon laws have been created in every state to protect the rights of car owners and potential buyers. Each state has its own variation, and Pennsylvania Lemon Law is no exception. To better understand the Pennsylvania Lemon Law, we have outlined the important aspects of it that every car owner should be familiar with.

1. Pennsylvania Lemon Law covers all new cars that were purchased in the state of Pennsylvania. The vehicle must have a Pennsylvania license plate.

2. The Pennsylvania Lemon Law only covers vehicles that were purchased for personal or family use. Vehicles purchased for commercial purposes are not covered by the Pennsylvania Lemon Law.

3. All covered vehicles must have a maximum seating capacity of 15 individuals. Larger vehicles are not covered by the Pennsylvania Lemon Law. In addition, motorbikes, trailers, and other recreational vehicles are not covered by the law.

4. Pennsylvania Lemon Law states that repairs to particularly defective vehicles must be performed by the vehicle maker within 12,000 miles, or 12 months of purchase, or the period of time specified in the original warranty. All repairs must be shouldered by the manufacturer.

5. The Pennsylvania Lemon Law gives the manufacturer a total of 3 opportunities to fix the vehicle. If all these tries failed, or if your car has been under repair for more than 30 days, the Pennsylvania Lemon Law obliges the manufacturer to grant you a prorated refund, based on your mileage, or give you a replacement vehicle of comparable value.

6. According to Pennsylvania Lemon Law, you must have your car repaired only at authorized service centers. Vehicles that have been repaired at unauthorized shops will not be covered by the Pennsylvania Lemon Law.

7. Pennsylvania Lemon Law states that the costs for repairs and towing services are to be shouldered by the manufacturer.

8. Pennsylvania Lemon Law does not cover defects resulting from the owner's negligence or misuse of the vehicle.

9. Pennsylvania Lemon Law prohibits returned defective cars from being resold in the market, unless they have passed the state's standards. This is another way that the Pennsylvania Lemon Law protects our consumer rights.

10. If you want to use the protection offered by the Pennsylvania Lemon Law, you must contact the car manufacturer right away to have your car repaired. When the time for repairs has elapsed and the defect is still there, you can try for a settlement or file charges immediately.

The Lemon Law in Florida - Stating the Law as it Affects Consumers

By Earl Powers

The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers' money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida's automobile 'Lemon Law,' or popularly known as lemon law Florida.

Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.

Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.

Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.

Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.

The Lemon Law in Florida - Stating the Law as it Affects Consumers

By Earl Powers

The Florida Legislature in 1988 revised a law that makes car manufacturers responsible for replacing defective vehicles or refunding consumers' money if the vehicle applies to certain conditions set forth by the Legislature. This law is commonly known as Florida's automobile 'Lemon Law,' or popularly known as lemon law Florida.

Most of the states in United States protect consumers from vehicles with manufacturing or other defects. The law stated to prevent consumers from defective vehicles is known as Lemon Law. Lemon law Florida applied to new or demonstrator vehicles sold or long term leased in Florida. Lemon law Florida enables consumer to get repaid within a certain period of time if the vehicle turns out to be a lemon. According to lemon law Florida a vehicles is termed to be a lemon if it calls for multiple repairs in a short span of time. Usually a lemon car works cheaply or breaks down several times immediately after the purchase.

Lemon law Florida applies to only new or demonstrator vehicles sold in state of Florida. Lemon law Florida also applies to vehicles leased in Florida, if such vehicles are lease-purchased. Lemon law Florida is also applicable to vehicles in cases where lessee is responsible for the repair of the vehicle. Lemon law Florida does not cover trucks weighing more than ten thousand pounds gross vehicle weight, off-road vehicles, vehicles which are purchased for purposes of resale, motorcycles and mopeds, or the living facilities of recreational vehicles.

Information on lemon law Florida can be obtained from various websites that provide information about automobiles in Florida or United States. Consumer guide for lemon law Florida can be obtained from hotline number 1-800-321-5366, or 1-850-488-2221 for consumers outside Florida. This phone line should be answered between the hours of 8:30 a.m. to 4:30 p.m., Eastern Time. To file a suit for lemon law Florida one should consult lemon law attorneys who specialize in lemon law for Florida. Consumer guide to the Florida Lemon law explains consumer rights, gives steps to follow to resolve problems and contains a toll-free number for the Lemon Law Hotline and a form the consumer can use to notify the manufacturer of chronic defects and time out of service for repair.

Lemon law Florida covers defects or conditions that impair the use of the automobile. The automobile can also be proved to be hazardous or unsafe for use. According to lemon law Florida any defects pertaining to the automobile should be duly reported to the manufacturer or any authorized servicing agency. Lemon law Florida states the first 24 months after the purchase of any automobile as Lemon Law Period for that automobile. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent.

California Lemon Law Attorneys

By Richard Romando

There are a number of attorneys who specialize in California’s Lemon Laws. They are in a lucrative field of practice, since the laws in this state allow for a number of buyer versus seller litigations.

Basically, California’s Lemon Law – also known as consumer warranty law – specifies that the manufacturer carry a high degree of responsibility for sold products. The law is oriented more towards the manufacture and sale of motor vehicles. It applies equally to cars, RVs, trucks and motorboats. Vehicle parts are also included under the law. If they malfunction while under warranty, the manufacturer is held liable for repairs. If a reasonable number of repair attempts do not solve the problem, Californian Lemon Law specifies that the defective product(s) must be replaced.

The disputable aspects of California’s Lemon Law are the areas of a ‘reasonable’ number of attempts, and whether or not a breach of warranty exists. This is why attorneys are required. Interpreting California Lemon Laws in the correct context and in favor of a consumer calls for legal knowledge and courtroom skills.

For example, the California Lemon Law as it pertains to motor vehicles has various provisions. A motor vehicle must have been sold or leased under full warranty of the manufacturer. The warranty may cover it against malfunctions within 18 months of purchase or before having been driven 18,000 miles. However, exercising California Lemon Law requires the customer to legally establish that a reasonable number of attempts have been made to repair it and may have to prove that the continued malfunction presents a definite hazard. These and various other legal intricacies can turn out to be loopholes for manufacturers if an attorney is not involved.

To find a suitable attorney in a California Lemon Law case, check for a good track record in the field. The attorney should be willing to guide you as to your exact legal standing in the case. He should outline the parameters of the law and should not charge an initial consultation.

Lemon Law Basics

By John Lee

Lemon laws are laws to protect consumers who purchase defective automobiles. For example, if you buy a new or used car and then find out the car has a serious problem that is not fixable, the manufacturers is requested by lemon law to buy back or replace the defective vehicle if the defect can not be repaired within a certain number o attempts or within a certain time frame.

Generally speaking, cars and trucks are covered by lemon laws in most states, while some states' lemon laws cover motorcycles and motor homes as well. Also, the exact criteria for what falls under a lemon law differ from state to state. Most lemon laws define a lemon as a new vehicle with condition or defect that substantially impairs the value or use of the vehicle and which has not been repaired after a reasonable number of attempts.

If you are a victim of a lemon law violation, you should first try settling the matter with the manufacturer. Talk to the manufacturer about your situation and see if the manufacture is willing to offer a reasonable settlement. If you can't reach a satisfying settlement with the manufacturer, you can work with an attorney and take the case to court. Make sure you have enough documents to prove your vehicle falls under the lemon law.

Understanding The Basics of Wisconsin Lemon Law

By Kevin Bishop

Knowing the lemon laws is not enough. In USA, lemon laws take numerous forms across states. In fact, when you are plagued by a problematic vehicle it is always the best policy to hire the help of a lemon lawyer who specializes in the particular lemon laws of your state.

The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.

A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if

- It has been bought or rented in Wisconsin,

- It is showing signs of strain within the first year of purchase

- It is showing signs of breaking down before the guarantee period has terminated,

- Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems,

- It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.

An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.

And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are:

- Conditions that do not affect the use, worth or safety of the vehicle,

- Items not covered by the manufacturer's warranty,

- Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering,

- Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.

Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.

Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.

If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.

With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.

The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.

Under the Wisconsin Lemon Law, justice is never denied nor delayed.

Wisconsin Lemon Law

By George Chernikov

Lemon law in Wisconsin applies both to purchased and leased vehicles. In the event that the car you purchased turns out to be a lemon as defined by Wisconsin lemon law, the manufacturer is obliged to either replace the vehicle free of charge or provide you with a full refund (minus the amortization allowance for accrued mileage).

It should be noted that lemon laws in the United States differ from state to state and therefore the specific provisions of the Wisconsin lemon law may not be entirely applicable to the lemon law in Ohio, Texas or Missouri. Therefore, while this article deals primarily with lemon law in Wisconsin, it should be understood that you should consult with the specific provisions lemon law in your own state before seeking compensation.

Wisconsin lemon law defines a vehicle as a “lemon” if the defect in the car has prevented you from using the vehicle for at least 30 days (not necessarily consecutive). Alternatively, a vehicle is also defined as a “lemon” if the malfunction cannot be fixed after four attempts by the dealer. In order to be eligible for seeking restitution under Wisconsin lemon law, your case must meet the following criteria:


  1. The vehicle must purchased or leased in Wisconsin

  2. The vehicle must be a motorcycle, motor home, car or truck

  3. The vehicle began exhibiting signs of malfunction within the first year after purchase

  4. The vehicle began exhibiting signs of malfunction before the warranty expired

  5. The vehicle’s defects seriously impair the vehicle’s use, safety or value

  6. Within the first year and before the warranty expired, the dealer either failed to repair the defect after making four attempts, or the vehicle was out of order for at least 30 days (not necessarily consecutive) due to these defects

Wisconsin lemon law differentiates between minor and major malfunctions – in order to be eligible for compensation under the local lemon law, your vehicle must have a serious malfunction that is also covered by the warranty. On the bright side, Wisconsin lemon law does not set a specific deadline within which your claim must be filed – instead, it is up to the court to decide whether your case is too old to be accepted or not.

If you feel that you may have a lemon on your hands and would like to pursue your case in accordance with Wisconsin lemon law, consulting with an attorney is probably the best thing you can do if contacting the manufacturer directly fails. To ensure that you have sufficient evidence to substantiate your legal claim, make sure that you always keep receipts of repair orders, even if no actual repairs have been made.