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Tuesday, March 29, 2011

Does the Lemon Law Apply to Used Vehicles?

The lemon law allows purchasers of vehicles to be compensated if the vehicles they bought repeatedly fail to stand up to expected levels of performance. Each state has its own such laws, all of which apply to new vehicles. But it is common for used car buyers to find their purchase unreliable, and lemon laws may or may not apply to them. Often the expenses incurred in repairing the lemon are greater than the original purchase. Variations in state lemon laws include types of vehicles covered, types of consumers covered, problems covered, and coverage period.

As of today, the laws of six states— Connecticut, Massachusetts, Minnesota, New Jersey, New Mexico, and New York— have laws that give the dealer a chance to repair any defects discovered during the warranty period, and the car must be replaced if the repairs fail despite repeated attempts. Arizona law covers a used car only if a major part ruptures within either 15 days or 500 miles of purchase— whichever comes first. Alabama law "appears to cover used vehicles;" the California statute specifies "new motor vehicle;" Delaware lemon law states "any passenger motor vehicle that is leased or bought in Delaware or registered in Delaware."

New York State General Business Law, section 198-b, outlines the used car lemon law for that state. The definition given for "used vehicle"— "a motor vehicle, excluding motorcycles, motor homes and off-road vehicles, which has been purchased, leased, or transferred either after eighteen thousand miles of operation or two years from the date of original delivery, whichever is earlier"— was only effective until September 1, 2004.

Kentucky's used car lemon law requires the dealer of such a car to be honest about the condition it was in when he sold it.

Federal lemon law, on the other hand, applies not only to all vehicles, but to anything mechanical. Specifically, the The Federal Magnuson Moss Warranty Act covers any car, no matter what the age.

As the purchaser of a used car, you may have more rights than you even know about. If in doubt, contact a lawyer— and preferably one who specializes in this type of situation.

For a free review of your lemon, contact a lemon law lawyer today.

Wednesday, March 23, 2011

Are Extended Warranties On Vehicles Worth it?

A person might ask themselves, are extended warranties on vehicles worth it? There is a lot of information on this topic to be digested and decided for. It can be a confusing choice as to whether or not, it would be a good idea to get the extended warranty on that vehicle you always wanted.

When first buying a vehicle it is important to know that you don't have to buy an extended warranty right away. In fact it is recommended that you wait. Certain car dealers will encourage that you buy the extended warranty right away, because then they can also add the extended warranty to the price, making the actual price uncertain and making you pay a lot more for your vehicle.

You can also buy the extended warranty online sometimes for half of the price that you would pay for the extended warranty at the dealership. This is something to consider but most people do not go in this direction. The reason is because it is a lot easier to get ripped off if you do not know what you're doing. It is always important to read the fine print. For example certain warranties might not really cover as much as you would think. Like they might say in the fine print that they only cover certain repairs like certain car parts. They might also make it a requirement that you go to their repair shop in order for the warranty to work. Statistics show that 42% of warranties are never used. Some people of course like the extra safety net and that's understandable.

The lemon law is a law that protects people with warranties from bad cars. Cars that consistently have failed to meet certain performance standards. The reason that it is called the lemon law is because these cars that consistently fail are called lemons. That is the nickname that the law is given. Lemon laws and what they are called differ from state to state and so it is important to know the specific rules of your state. Federal lemon law dictates that the warranter is obliged to pay for anything mechanical that is broken. Certain warranties may also not cover used cars.

So are extended warranties on vehicles worth it? The answer is yes, but it is important to know the warranty you're buying. Do not buy a warranty that is essentially useless.

And if you believe that you are driving a lemon, don't keep repairing the vehicle under the warranty. Instead contact a lemon law lawyer to see what your rights are for repairing or replacing your vehicle.

Monday, March 14, 2011

Researching Lemon Law in Your State

It is very important for individuals to research, and to become very familiar with the intricacies of the lemon law in your state. Without knowledge of the protection that is offered by the state lemon law, an individual will be at the mercy of unscrupulous and unjust auto dealers, who seek to make a profit on any automobile that they can. It is due to the existence of such individuals, that will sell you an automobile that is far below standard, that most states have enacted lemon laws in order to protect their citizens from the financial consequences of purchasing a vehicle that is substandard.

In essence, the state lemon law is designed to protect individuals who purchase vehicles that fail to meet officially recognized standards of performance, and or quality. State lemon laws usually vary from state to state, but they all have the same purpose of attempting to protect consumers, who unknowingly purchase vehicles that fail to meet the prescribed standards of quality etc. In some states, used or leased vehicles are not covered by lemon laws, which makes it even more important for individuals that purchase vehicles to be very cautious. The lemon law in your state has specifications that may differ from the lemon law in other states, which makes it very important for you to learn what is covered by the lemon law in your state.


The basis of most lemon laws, is the warranty is provided by the manufacturer for a particular vehicle. The breach of warranty is the major premise that most lemon laws work upon, in order to hold the manufacturer liable for any resulting financial harm that is caused by this breach of contract. When the vehicle fails to live up to the express statements on the warranty, then there is a breach of contract, and the manufacturer becomes liable to the consumer. The failure of the vehicle to live up to the specifications an expressed warranty, is what makes the manufacturer liable for any repairs that are covered by the warranty. In some states an implied warranty is covered by the lemon law of that state, and protects the individual even though there is no written or express warranty on the vehicle. It is very important to learn if the lemon law in your state covers implied warranties in the same manner that it covers express warranties on vehicles.

Tuesday, March 8, 2011

How Can I Demonstrate That My Car is a Lemon?

One of the most asked questions faced by a lemon law attorney is – how can you know if you bought a car that can be classified as a lemon? This question is even asked more from people who have bought a defective automobile. By now, everyone knows about the lemon law. It is a law that is enacted to protect consumers that have bought a defective motor vehicle. Although the exact lemon law is different from state to state but the general idea is fairly the same.

A lemon law attorney will tell that your motor vehicle is considered a lemon if it shows non-conformity and defects that significantly impairs the value, safety and use of the motor vehicle. The most common defects to be found in a lemon car are the areas that involve the engine, transmission, electrical system, suspension, brakes or steering mechanisms. Some defects may be considered as a lemon but these are looked upon in case to case basis such as leaks, heating or cooling issues and noises. Generally, if your vehicle is exhibiting any of those symptoms you may be driving a lemon car.

It is vital to know that before a lemon law can be enacted, the manufacturers is given a chance to repair the vehicle or correct the known problem exhibited. The manufacturer's opportunity to repair the vehicle depends from state to state. But most states give the manufacturers up to three tries to correct the problem. If it fails by a third time, the lemon law can be enacted upon the manufacturer.

Although some circumstances can occur that may affect this ruling. One of these special circumstances is for cases when the car defects can cause severe injury to a person or if it leads to death. This kind of special circumstance is very rare. There are only a few known cases that the law has approved this special circumstance. Another circumstance that may reduce the three repair attempt ruling is in cases that the defect has caused the automobile to be out of service for longer than 30 days. In special cases like this, the manufacturer has only one attempt to correct the problem otherwise they can be charged with a lemon law.

It's also important to know the any misuse of the vehicle that may lead to car defects is not protected by the Lemon Law. It is important that you consult with a lemon law attorney to give you an idea on the possible actions you may take.

In order to show that you vehicle may be a lemon, keep records of all repairs and repair attempts for any vehicle defects. This will help you in the future if you are indeed driving a lemon.

Wednesday, March 2, 2011

How To Avoid Buying A Lemon

When you start looking for a car, the point is finding one that is both reliable and dependable. You want to get from point A to point B. Buying a used car can be an intimidating experience. You will spend a lot of time and money. You will also deal with aggressive salesmen at local dealerships. They are eager dish out all sorts of deals to get you drive one of their vehicles off the lot.

Many people just pick the first car that looks good and runs. Then a month (maybe less) later, the car breaks down. You may have a lemon.

You have options if you think your car is a lemon. In many states, you can appeal to the state lemon law to take legal action against unscrupulous dealerships. Obviously, you want to avoid a lemon if you can. You can look up lemon law before you buy a used vehicle to see what mechanical issues come up in claims.

This strategy will give you some guidelines, at least. In some cases, lemon law attorneys, since they are specialists, may offer you counsel or refer you listings of reputable dealerships in your state. You may also find out more by researching further online.

The following tips may help you avoid buying a lemon:

1. Know what type of car you want. Research first. (Again, consult lemon law.) Look for a car that fits your needs and budget. The web is the perfect tool since you can visit hundreds of dealer websites, most of which include the available models and their technical specifications.

2. Finding both a quality and a reputable dealership is crucial if you want to avoid picking up that lemon. Take this tip seriously. It may save you from a costly mistake down the road.

3. It is easy to get emotionally attached to a vehicle. Shrewd salesmen may use emotions against you to sell you a bad car. A distracted buyer may miss signs of potential issues.

4. If possible, get your used car thoroughly inspected by a mechanic prior to buying. This is where many car buyers err. If you can’t get a mechanic to help, you can check all of the common problem points like the radiator, oil levels, transmission fluid, engine belts, and tail pipe. Check the condition of the engine and body. Also, test features like the windows, AC, etc.
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