How Not To Buy A used car lemon

As a consumer, you have many ways to protect yourself. It is usually safest to purchase a used vehicle from a reputable dealer. Although you may pay a bit more up front, you will have a better chance of successfully resolving any problems that may arise with your purchase. The fewer cars the dealer sells, the higher the chance that your vehicle will be a lemon; the chance is highest if you're buying from a private party.


Buy all warranties that are available and get all repair records about the car. The salesperson should put in writing that the car was not in a major accident, or used for rental or salvage. If they equivocate, it should raise red flags about the purchase. An honest dealer would care about your concerns when buying a used car. Ask the dealer if you can have an outside mechanic examine the car before you buy it.


The most dangerous way to buy a car is from an unknown private party. Be absolutely certain, to have an outside body shop and mechanic examine the vehicle before you buy it. Demand to see all repair accounts. Always bring someone to view and drive the vehicle.


It is vital that you run a carfax check (www.carfax.com), to insure that the seller has proper title to the vehicle. Ask the owner for a 30-day warranty. (You probably won't get it unless the car's been on sale for a while.) Go to a trustworthy dealership. Make sure that the dealer knows you won't be buying the car that day, and that you are just examining the car. Mull it over for a while. Don't believe the hype --- few cars are truly "one of a kind." There is no cooling off period with vehicle purchases, unlike vacuum cleaners and the like. Once it leaves the lot, it's yours!


Make certain that you understand the terms of any lease before you get one. Have the salesman give detailed explanations of the lease. Make sure all warranties are in effect if you're buying a demo, loaner, or a slightly used car.


Don't be afraid to follow your gut instincts. If you feel pressured from a salesperson to buy a specific vehicle, or if the deal just, "doesn't seem right," your instincts are probably correct. Step back and walk away. There's always another dealership, but there's only one of you. This gives you the advantage.


It is a rewarding and easy thing to be an smart and informed consumer. If you follow some simple rules, you can drive your new car with peace of mind and comfort.


by Barry Edzant

Used Car Warranties

With rising cost of new vehicles, many people are opting to buy a used vehicle. The prospective buyer must be aware of what type of car warranty is available on the vehicle they are looking to purchase. Some dealers offer limited warranties on used cars, some do not. And some cars come with the original factory warranty still in force. But how do you tell what is on the car?
The first thing any consumer must be aware of when buying a used car is the condition the car is in. Was it traded in as a lemon for something that was not covered on the car's original warranty? Was it in a severe accident or even a flood? Request that the dealership you are considering purchasing the car from provide you will all of this information. Ask for a Carfax report if possible.

Because many car manufacturers offer a bumper-to-bumper car warranty that covers so many years or so many miles, a used car may still have part of this warranty available. Check to make sure that the original warranty is available. If it is, ask for a detailed description of what is covered. Do your homework ahead of time and see if the state or country you live in has individual warranty requirements. Inspect the information provided to you by the dealership on the existing and remaining warranty with any specifications required by law where you live.

If there is no car warranty left on the vehicle you are interested in, ask the dealership what kind of warranty they offer. Most dealerships offer some form of thirty-day warranty. This is to ensure that any problems that may arise can be fixed in a short length of time, preferably before they start to cost you a lot of money you may not have. Some dealerships offer a longer warranty. Make sure you ask what they offer, what it covers in detail, and that you understand the warranty they offer before signing the final papers and driving away.

Two places that may not be the most recommended or reliable sellers of cars are the Internet and individual sellers. Because of the problem with high odometer readings making cars cheaper to purchase, there has been instances where sellers - and some less than honest dealerships - have rolled back the odometer. By looking at a car on the Internet, you do not know what you may be getting. The seller may claim that the car warranty is in force when in fact it is not. 'Buyer beware' is a great statement in these cases.

Whatever type of used car warranties you look into purchasing, consider a policy that includes a free car rental. After all, having your car fixed for free or for the price of parts is important, but you still need to be able to get to work and the grocery store while your car is in the shop. Free car rentals are the most overlooked, and possibly the most valuable part, of good used car warranties.

by Terry Bolton

used car lemon law

Consumers often wonder if there is such a thing as a used car lemon law. Most of the time the answer to that question will depend on what state you live in and what particular circumstance you are dealing with. To partially answer the question, it is quite possible that a used car may be covered under a lemon law if you received what is called an express written warranty. This type of warranty can be one of several things.

To break it down a bit, an express written warranty can be the balance of an existing manufacturer's warranty. It can also be a service contract or an extended warranty that you may have purchased from your dealer when you initially bout the vehicle. Or, it can be a totally separate limited warranty that was given to you by the dealer. If any one of these sound somewhat familiar to you, then chances are you may have some protection under a lemon law provision.


Each state will have their own rules, that is why I highly suggest that you contact the proper people and use the correct type of resources that are available to you. It isn't too difficult to obtain answers to a provision such as a lemon law. You may either contact your state government office, or your best bet is to speak with a lemon law attorney. Again, you'll receive different answers depending on where you purchased your automobile. A Florida lemon law lawyer will certainly have different answers than a California lemon law lawyer.


In general, there are some common guidelines that a dealer or manufacturer must follow. It is usually imperative that a dealer respond to your repairs in a reasonable amount of time. Defective vehicles that have serious problems are most important, because serious injury and death can occur in some circumstance if a defective automobile is not fixed properly with in a specific time frame.


If you have concerns about an automobile that may be defective, you just may have a claim that is worth looking into. Do not delay by any means, there are answers to your questions and they are very easy to find. Again, like I stated earlier, contact a lemon law lawyer or attorney so you can finally have some peace of mind.


by Hector P. Sanchez

Things To Watch Out For In A Used Car

Used cars are not regulated as well as the new car industry is which leaves a lot of room for unscrupulous snake oil salesmen to enter the business. There is no lemon law for used cars so in most cases if you buy a vehicle with problems you are out of luck. With that said there are things that you can do to avoid problems.

First off, doing some research first and have an idea of what you want to begin with. You should have it down to at least a certain category of vehicle and preferably down to maybe three or four models. Check the approximate values at a site like kbb.com so you have at least some idea of what the vehicle should sell for.

When shopping for a used car it is even more crucial that you shop in the daytime and in clear sunny weather so that you can see any blemishes. I have seen many cars that looked good in the rain only to reveal faded paint and blemishes in the sunlight.

One thing you must realize is that there is no used car factory so you may have to make some compromises. Do not compromise on safety and don't by a vehicle that has a laundry list of issues that you will have to repair yourself.

You should always take the vehicle for a road test and if at all possible take it overnight. You should then take it to your mechanic and have them check the vehicle out and let you know what they think of it. If it has too many problems pass on it.
Make safety a primary concern. Buy a vehicle that is new enough to include airbags and if possible anti-lock brakes as well.

Another big thing to watch out for especially after the flooding in Louisiana and Mississippi last year from Hurricane Katrina is flood damage. There are many crooks who will buy flood damaged vehicles and have them detailed and cleaned up and sell them as perfect. A flood damaged vehicle will be fraught with problems from engine problems to the electrical system and more. One area that is often overlooked by these crooks is the seat belt retainer cover. If you pull the seat belt all the way out you may find evidence of mildew or even mud!

One of the best things to do also is to go to a dealer who uses the new Carfax system which reports any major issues that vehicle has ever had.

Gregg Hall is a business consultant and author for many online and offline businesses and lives in Navarre Florida with his 16 year old son. For the quality car care products, to care for your car go to http://www.stopwaxing.com

Lemon Law protection against financial advice?

Most of us in the U.S are familiar with lemon laws that protect consumers of automobiles that do not meet certain quality standards. But what about lemon laws against (phony) financial advice?

If you have ever signed up for a half-indecent financial information, you will probably get inundated with tons of email/snail-mail by financial 'experts' touting penny stocks touted to gain 1000% in the next 2 hours! These 'HOT alerts' claim to have timely, insider information on publicly traded companies that are going to explode soon -- delivering the average person from daily troubles and transporting them to a land of golf, perennial sunshine and crystal-clear blue waters.

Most rational people ignore such 'advice'. But what about those gullible ones that get taken in? Should there not be a lemon law to allow them to sue the advisor for information that was withheld/dramatized? How much of this PAID advice accurately portrays the downside and risk in investing in penny stocks, let alone the many business risks that these small companies face?

I'm not saying that investing in penny stocks is always wrong, nor I am challenging all advice provided by these newsletters. But some of this advice, is really worth nothing more than a lemon. And there should be a law to protect people who lose their shirt against such lemons!

http://bizthinker.blogspot.com

Lemon Law Basics

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.

John Lee is an Internet writer who has written articles for a number of Internet columns and websites, such as Attorney Help ( http://www.attorneyhelp.org ) and Notary Public Guide ( http://www.notarypublicguide.com ), etc.

Don't be stuck with a lemon

Officially known as the Song-Beverly Consumer Warranty Act, the California Lemon Law is there to protect the consumer. If you have found yourself to be the owner of a lemon car, truck, RV, or puppy, the California Lemon Law will make sure that you get your purchase replaced or refunded to you. How do you know if you have a lemon? The California Lemon Law states that any purchase more than $25.00 that is defective, unsafe, malfunctioning, or has an existing problem that greatly reduces its value will qualify as a lemon.

Under the California Lemon Law you should notify the dealer/manufacturer of the problem you are having with your vehicle. The dealer must make four attempts to repair the lemon car during the first 18 months or 18,000 miles, whichever comes first. California Lemon Law states that a vehicle that has been in for repairs four or more times for the same defect, or if the car has been in the dealer for repairs of the defect for a total of 30 calendar days, then the vehicle should be presumed to be and classified as a lemon car. If your vehicle has to be brought into the dealer two times to repair a defect that could result in injury or death if not repaired, that too is considered a lemon car under the California Lemon Law.

The California Lemon Law also allows Lemon Law claims to be filed against manufacturers if the car is over the 18 months/18,000 mile limit, if the car is still under warranty. This covers the consumer who has a two or a three-year-old vehicle that comes with an extended warranty. This law also protects the consumer by allowing a time period of four years after the defect is first noticed to bring a lemon law claim against a manufacturer. It is important that you get legal advice from an attorney who is knowledgeable in California Lemon Law. When you seek an attorney, it is best to hire one with a history of only representing consumers, and never the manufacturer in California Lemon Lawsuits.

The California Lemon Law not only protects the buyer of new cars and trucks, but also the consumer who has purchased a used vehicle. If you have purchased a lemon car and it is still under the new car warranty, even if you are not the original owner, then you can file a claim under the California Lemon Law.

If you think that you have purchased a lemon car it is important that you keep good documentation of all interactions and transactions in regards to your lemon car. Write a letter to the manufacturer and send it certified. Manufacturers are aware of the California Lemon Law and most are more than willing to rectify the situation. If you are unhappy with the repair work done by the dealer, the manufacturer may ask you to go through arbitration with a third party. If you are still not satisfied, you can sue in court under the California Lemon Law. You can also contact the Attorney General's Office for the newest updates to the California Lemon Law.

Attorney General's Office California Dept. Of Justice P O Box 944255 Sacramento, CA 94244-2550

Lemon Law Attorney
Paul started Lemon Law Attorney after seeing how difficult it can be to deal with a new cars problems.

The North Carolina Lemon Law

The North Carolina lemon law (known also as the New Motor Vehicles Warranties Act) applies to all new motor vehicles sold in the state that are under 10,000 pounds. The law covers vehicles that are either purchased or leased.

As per the North Carolina lemon law, if a vehicle has a serious defect that prevents it from conforming to its warranty and the consumer reports the problem within the express warranty period, the manufacturer has the obligation to repair the nonconformity. A serious nonconformity is one that substantially affects the vehicle's use, value, or safety. If the manufacturer is unable to repair the nonconformity after a reasonable number of attempts, the vehicle must be repurchased or replaced at the discretion of the consumer. The manufacturer is presumed to have had a reasonable chance to repair the nonconformity after 4 unsuccessful attempts to repair the same nonconformity, or after 20 business days in which the vehicle was out of commission to repair one or a series of non-conformities.

In order for this presumption to apply, the consumer has to notify the manufacturer in writing of the defect, and give the manufacturer up to 15 days to make repairs. The consumer must also give the manufacturer written notice of intent to file a claim under North Carolina lemon law at least 10 days before submitting the claim.

The manufacturer has no liability if the nonconformity was caused by abuse, odometer tampering, or modification by the consumer. Additionally, the defect must have become apparent within the first 24 months or 24,000 miles. Before filing a North Carolina lemon law claim with the judiciary system, the consumer must attempt to resolve the problem with the manufacturer's settlement board, if it has one, and if the board is certified and information about the lemon law process was included with the warranty at the time of sale. If a vehicle that was purchased by a consumer is repurchased by the manufacturer under North Carolina lemon law, the manufacturer must pay the full purchase price of the vehicle including charges for service contracts and warranty(s), dealer preparation and delivery, installed options, tax, tags, and registration, finance charges incurred after the consumer first reported the nonconformity, and any costs that were a direct consequence of the nonconformity.

The manufacturer is entitled to a reasonable offset for the consumer's use of the vehicle. The offset is calculated by dividing the number of miles driven by the consumer by 100,000, and multiplying the result by the purchase price.
If a leased vehicle is repurchased under North Carolina lemon law, the lessee (consumer) will receive a sum that includes all payments made on the lease, including tax, tags, registration, and other government fees paid upon obtaining the lease, and any costs that were a direct consequence of the nonconformity. The reasonable offset for usage of the vehicle is subtracted from this total, as calculated above.

If a vehicle is replaced under North Carolina lemon law, the replacement must be a comparable new vehicle that is similar to the original. No usage offset may be applied.

by Greg Artim

Used Car Lemon Law

Consumers often wonder if there is such a thing as a used car lemon law. Most of the time the answer to that question will depend on what state you live in and what particular circumstance you are dealing with. To partially answer the question, it is quite possible that a used car may be covered under a lemon law if you received what is called an express written warranty. This type of warranty can be one of several things.

To break it down a bit, an express written warranty can be the balance of an existing manufacturer's warranty. It can also be a service contract or an extended warranty that you may have purchased from your dealer when you initially bout the vehicle. Or, it can be a totally separate limited warranty that was given to you by the dealer. If any one of these sound somewhat familiar to you, then chances are you may have some protection under a lemon law provision.

Each state will have their own rules, that is why I highly suggest that you contact the proper people and use the correct type of resources that are available to you. It isn't too difficult to obtain answers to a provision such as a lemon law. You may either contact your state government office, or your best bet is to speak with a lemon law attorney. Again, you'll receive different answers depending on where you purchased your automobile. A Florida lemon law lawyer will certainly have different answers than a California lemon law lawyer.

In general, there are some common guidelines that a dealer or manufacturer must follow. It is usually imperative that a dealer respond to your repairs in a reasonable amount of time. Defective vehicles that have serious problems are most important, because serious injury and death can occur in some circumstance if a defective automobile is not fixed properly with in a specific time frame.

If you have concerns about an automobile that may be defective, you just may have a claim that is worth looking into. Do not delay by any means, there are answers to your questions and they are very easy to find. Again, like I stated earlier, contact a lemon law lawyer or attorney so you can finally have some peace of mind.

by Hector P. Sanchez

Used Vehicles in PA - Is it a Lemon?

I receive several phone calls at my law office each day inquiring about the Pennsylvania Lemon Law and Used Vehicles. I begin by telling each prospective client that the PA Lemon Law does not cover used vehicles at this time.

Fortunately, that doesn’t mean that you don’t have a case. If you have purchased a “used” vehicle that still had some of the original manufacturer’s warranty on it at the time of it’s purchase, and a defect arose while under that warranty, you may be able to bring a Lemon Law type claim. There is a federal law called the Magnuson-Moss Warranty Act that covers used cars that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a used car would be covered by this law.

The benefits of this law are many. Like the PA Lemon Law, the Magnuson Moss Act provides for a full refund or free replacement of the defective product if it cannot be repaired properly after a reasonable number of attempts. Typically, the number of repair attempts must be three times for the same defect. The Act further provides for recovery of all associated costs of the claim including recovery of reasonable Attorney fees. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a used motor vehicle is a prime candidate to use this law in the event that he purchases a used “lemon”, because the original manufacturer’s warranty transfers to all subsequent owners of the vehicle until it expires based upon mileage or a given length of time. In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective “used” motor vehicles. If your used vehicle has suffered a defect while still under the original manufacturer’s warranty, you may be entitled to a full refund or free replacement utilizing this law.

Another law that may assist purchasers of Used Vehicles in PA is the Pennsylvania Unfair Trade Practices and Consumer Protection Law. This law was designed to help consumers who have not received “what they paid for”. Our office uses this law quite frequently to pursue used vehicle claims where the consumer purchases a vehicle from a dealer, the vehicle suffers major problems shortly after purchase, and the dealer fails to remedy the situation. The great thing about the Unfair Trade Practices Act is that it also provides for recovery of reasonable attorney fees.
Either of the above laws provide great protections to individuals who have purchased defective used vehicles in Pennsylvania.

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.

by Barry Edzant

Lemon Law Firms Are Not All Created Equal

Thanks to the world wide web, anyone can promote their services on-line through systems like google adwords. This enables law firms to target specific terms and pay to appear under these terms. There is no filter. There currently is no law against doing so. The disturbing fact is that folks can write anything in their ads that they want - there is no control or protocol. Law firms can tell prospective clients they have 20 years experience in a particular state like Pennsylvania where they have not. While we think this is poor form, we don't necessarily fault them, they're trying to make some money. It does mean however, that you may not be getting the service you expect so you need to know who you are hiring.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

Experience - How long has the company been around for?

Honors, Awards and Recognition - Has the company or lawyers received accolades for their service?

Locations - Beware of the fake office! Very few Lemon Law firms have physical offices in other states, but many of them say they do. Try calling the local phone number or stopping by sometime.

Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway. Rather than accepting the self-promoting tag lines of a law firm, look around and see what community leaders, legislators and the media say.

Former Clients - see if there are testimonials or even blogs from previous clients.
Need more Information? Here are some questions you need to ask a lemon law firm:

- How long has the lawyer been practicing law? - How long has the lawyer practiced Lemon Law?

- Does the lawyer have a license to practice in the client's state? (Very important)

- Has the lawyer received any recognition, honors or awards for work performed in the client's state?

- Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case.

- When was the last time the lawyer received a successful verdict in a Lemon Law case?

- Can the lawyer provide any references of other clients, attorneys, or judges in the client's state? - If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?

- How is the lawyer compensated?

- Is the client advised in writing at the start of the case what their rights and responsibilities are? - Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? (We have four ASE-certified experts on staff) - What does the client need to do to assist the lawyer in a case? - Does the lawyer have a physical office within the client's state? - Is a lawyer and/or their staff available to speak with clients on a daily basis?

by Paul Fleming

California Lemon Law

Everyday there are consumers in California who find themselves in a bad situation with regards to owning a defective automobile. Many don't even know that they are protected by the California Lemon Law. If you are not quite sure what the California Lemon Law is, it's probably a good idea to educate yourself, so that if you find yourself in a similar situation you will know what steps to take to ease your mind.

The Lemon Law in the state of California is also known as the Song-Beverly-Consumer Warranty Act. Another technical name it goes by is the California Civil Code Title 1.7. This particular law is meant to be used as guidance, and should be really known more as a provision, rather than a set rule. Many types of variables come in to play when one can fully consider their automobile a lemon.

The provision can apply towards personal and business vehicles, with certain guidelines that are set in place. Business use vehicles that may be protected under this provision include vehicles used for corporations, associations, and other various legal entities. The Lemon Law usually will apply towards a new vehicle during the first 18 months from the delivery date. It can also apply to vehicles within the first 18,000 miles of use.

A judge or an arbitrator that hears your case can ultimately make the decision as to weather or not the manufacturer did everything they could to fix the problem, within a reasonable amount of time. This also means that the manufacturer has the right to prove their case. At the same time, the consumer who owns the automobile also has the right to speak up and prove that the vehicle is not being repaired correctly within a reasonable amount of time.

If you seek out assistance and search for more information about the California Lemon Law, understand that it is highly recommended that you keep copies of all your paperwork that you have acquired since the purchase of your automobile. Having a timeline or a paper trail can help quite a bit when you need to reference important facts about your defective automobile.

The state of California takes part in the Arbitration Certification Program, a program which fully explains the Lemon Law in full detail. If you live in Los Angeles for example, the first important step you can take is to make use of the lemon law lawyers Los Angeles has to offer. It is essential that you speak to a lawyer or an attorney that know the facts when it comes to a defective automobile that can not be repaired.

by Hector P. Sanchez

Great News for Garden State—Senate Looks to Expand NJ Lemon Law

Jim Griffin from Politicer.com is reporting that the Senate Commerce Committee approved legislation that would better protect consumers under the New Jersey Lemon Law for new car purchases by expanding coverage from 18,000 miles to 24,000 miles. The Bill was sponsored by Senators Barbara Buono and Nicholas Scutari.

The Committee approved Bill S-454, which would amend the "Lemon Law," which protects purchasers of new automobiles and motorcycles. The Bill would expand the law from 18,000 miles to 24,000 miles or two years of ownership, whichever comes first. In addition, for those defects that are likely to cause death or serious bodily injury, the manufacturer would have just one chance to fix the defect before the car would have to be replaced. For non-lethal defects, dealers would be held to the current standard which allows three attempts to fix the defect before replacing the vehicle.

This is similar in nature to the Maryland Lemon Law, with the exception that Maryland requires four attempts for non-lethal repairs.
"When safety is a concern, three repair attempts are two too many," explained Senator Scutari to Griffin. "There is a major difference between an inconvenient oversight like a malfunctioning radio and the possibility that your car won't stop when you hit the brakes. Our drivers shouldn't have to put themselves at risk two or three times before they get a car that provides the safe transportation we expect when buying a new car."

The Bill also requires that dealers make sure consumers receive the State's "Lemon Law" protection Owner's Warranty Rights Notification booklet. The bill passed the Committee by a vote of 5-0 and now awaits consideration by the full Senate. This is great news for New Jersey consumers, which already has one of the strongest lemon laws in the Nation, according to the Center for Auto Safety. The Center for Auto Safety ranked the NJ Lemon Law as the second most effective lemon law in the Country and in a letter to state legislators, CAS Executive Director Clarence Ditlow specifically said the state could strengthen their Lemon Law provision by requiring only one repair attempt if a defect threatens death or serious bodily injury, covering a vehicle that has many different problems at once, and penalizing auto manufacturers who willfully violate the Lemon Law.

The New Jersey Lemon Law also provides fee-shifting provisions which enable consumers to receive 100% cost-free legal representation. If the consumer prevails, the manufacturer must pay all attorneys fees and legal costs on top of what the consumer receives.

by Paul Fleming

What Are Lemon Laws?

Do you have a car, truck, SUV, boat, computer, or any other consumer product that has had to be repaired multiple times? If you do, you might just have yourself a "lemon". Even if you bought a used car from a dealer, it shouldn't have to be repeatedly repaired and the lemon laws are there to protect you.

Lemon law were started with just automobiles in mind and then expanded to include all sorts of other electronic consumer products. If you have had trouble with your purchase on multiple occasions, don't let your mechanic or manufacturer try to talk you out of what may be your legal rights. The lemon laws are there to protect you when you need them and all you have to do is understand them. You do have recourse even though you might think that you don't.

These laws give consumers the right to a refund or a replacement if their item cannot be satisfactorily repaired under warranty. In order to qualify for protection under a lemon law, you must have a defective consumer product that has not been able to be fixed within a reasonable amount of repair attempts.The defect cannot be a minor one that does not affect the performance of the product. It must be a major defect that prevents the item from working properly.

Each state has it's own lemon law but they are all similar in that they provide for a refund or replacement should the manufacturer be at fault. The manufacturer is generally allowed several tries to repair the problem and if the problem cannot be fixed, they will then be required to give the buyer a refund or replacement.

Lemon laws are slightly different in all fifty states so it's important to learn the laws in your state. This way you will find out what your rights are and what kind of retribution you are entitled to. If you stand up for your rights you will not only be protecting your purchase but you will also be helping out other customers who might have bought lemons from the same dealer.The lemon laws are there to protect you and to discourage the dealers from selling things that don't work. Businesses who sell lemons to consumers need to be punished, and the lemon laws are there so that they will stop doing business in that fashion. The lemon laws are there to protect you, so use them!

Seven Steps to getting rid of your Lemon.

5. Provide your attorney with all of the relevant documents.
Your attorney will need the purchase/lease agreement, the financing agreement, the repair orders, any TSB's, the warranty booklet, a copy of your registration, and a copy of your title, if you have it.


6. Allow your attorney to go to work for you.
The lemon law field is a pretty small one. For the most part ,the attorneys who handle these types of cases know what they are doing. Follow their advice.


7. Do not always insist on a buy-back of the vehicle.
This is a big one. Many clients who call my office demand that the Manufacturer buy their vehicle back. And many times, they are within their rights to do so. However, as you can imagine, Manufacturers are not quick to buy vehicles back. What the client needs to look at is how they can get out of their vehicle in the quickest, fairest fashion. Often times, a cash settlement can be beneficial in this regard. This may give you enough money to get out of the vehicle and have a nice down payment on a new one. Again, though, I only advise this when it is in the client's best interests.

by Greg Artim

Seven Steps to getting rid of your Lemon

1. Take the vehicle to the dealer each time your encounter a given problem
I have found that many people fail to take the vehicle in to the dealer for repairs because they either don't have time, it's too inconvenient, ect... but this is a very important step in the process. State lemon laws all provide that the dealer/manufacturer must be given a reasonable opportunity to repair the defects.

2. Be sure that the Service Department lists all of your complaints on the repair order.
I have found this one to be troublesome. Many times, consumers take their vehicles in for repair and tell the service advisor the problems that are being encountered. The service advisor may fail to list all of the complaints with the vehicle. At trial, if the complaint is not listed on the repair order, it becomes a he said/she/said matter to determine whether the dealer had an opportunity to repair.

3. Get a copy of the repair order.
I have found that many times, the consumer fails to receive a copy of the repair order. Under most state laws, the dealer is required to give you a copy of the repair order each time you take the vehicle in for servicing.

4. Hire an attorney.
This one is a no-brainer. All states have lemon laws on the books, and most of those lemon laws provide that the manufacturer must pay your attorney fees. In that regard, you end up with free legal representation. If your attorney asks you for an up front retainer for a lemon law case, ask him why.

by Greg Artim

First with Lemon Law

Lemon law

Lemon laws are United States state laws that remedies to consumers for cars that repeatedly fail to meet certain standards of quality and performance. These cars are called lemons.

The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars.

The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.In California, lemon laws cover anything mechanical, as do the federal lemon laws.

The federal lemon law also provides that the warranter may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.

from Wikipedia, the free encyclopedia