Law Lemon Wisconsin Guide

A Good Lemon Law Lawyer To Take You All The Way

2010-11-11T07:37:00.000-08:00

Don't let that sweet-talking manufacturer lead you up the garden path where your rights are concerned. Violation of consumer rights is a serious offence these days and you have every right to stake your claim when stuck with a "lemon". When you are seeking justice for your "lemon" piece of automobile, it is always worthwhile to hire the services of an efficient lemon law lawyer.
Okay, don't shrink. It is true that a lemon law lawyer will be a pinch on your pocket, but you can be sure that he will save you a lot of costly legal hassles in the long run. Furthermore, there are many lemon lawyers who don't even charge you anything until you win the case.
A lemon law lawyer is the best person around to consult. He is the one to guide you through the entire process of claiming and protecting the consumer's interests. Your vehicle is classified as a "lemon" only after you and the manufacturer have explored and exhausted all the avenues of fixing it within a specified period of time. There have been instances when even though the vehicle did not fall under lemon law, a skilled lemon lawyer had been able to clinch a handsome compensation or even a replacement on grounds of breach of warranty.
If the frightened manufacturer is pestering you to go for an out-of-court settlement, consult your lemon law lawyer on whether this will abide by the rules of the Federal Trade Commission. There are statewide variations in lemon laws and in some states, it is essential that you go through a mediation procedure to be able to sue under the lemon law. It is only a skilled and knowledgeable lemon law lawyer who will be able to guide you through these intricacies of lemon laws.
By far the most obvious advantage of soliciting the help of a lemon law lawyer is that he is well versed in the ways and the tricks of the trade. The manufacturer will leave no stone unturned to deceive you and have you dancing to his tunes. A lemon law lawyer is just the perfect person to have around during these times, as he will know exactly what the manufacturer has on his mind and play his cards accordingly.
A lemon lawyer is just the person to file the lawsuit for you. These are legal formalities that involve a lot of complexities and it is best that you let someone well up in the ins and outs of law to do the paperwork for you. A good lemon lawyer knows that it is best to remain under the jury system of trial, which normally has a soft spot with the claimant who is stuck with a car making all the wrong noises.
When you are going in for a lemon law lawyer, it is best to check his credentials and experience. A lawyer with say two decades of experience in tackling lemon law cases is definitely worth his salt many times over than the greenhorn who is fresh out of college. Lemon laws differ by the state so if you are living in Wisconsin, it is always a good idea to hire the help of a lemon lawyer who has the Wisconsin lemon laws at the tip of his fingers. There is just no need to knock the doors of a New York-based lawyer.
A good lemon law lawyer is your only way out when you have a lemon stalled in your garage and want to glean something out of the notoriously stingy and unyielding car manufacturer.

Summary of Author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.

Article Source: http://EzineArticles.com/?expert=Kevin_Bishop

Understanding The Basics of Wisconsin Lemon Law

2010-11-02T03:45:00.000-07:00

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.

Summary of Author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.

Article Source: http://EzineArticles.com/?expert=Kevin_Bishop

Lemon Law Protection - What Are My Rights?

2010-11-02T03:42:00.001-07:00

Lemon Laws are intended to protect consumers who purchase vehicles with known mechanical defects. These codes vary from state to state. They were established to help protect the consumer against the purchase of a bad product. For an example, let's use cars. Lemon laws typically provide consumer protection for owners of new cars, trucks, and vans. A significant minority of states also provide coverage for leased vehicles.
Lemon law can be enforced on any vehicle be it car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. Lemon laws may be implicated by problems including having a car that repeatedly won't start, which has brake problems, or which doesn't properly shift gears. Ordinarily there must have been repeated unsuccessful efforts to repair the same car problem before lemon law will apply.
Lemon laws also make life easier for the manufacturer because it allows companies to learn from their mistakes, lace front wigs improve customer service, and have knowledge of any problems customers may be having with their cars. It can actually make the manufacturer diablo 2 cd key aware of problems beforehand, in order to avoid a lawsuit. Lemon laws are formulated to help a consumer if they have a serious problem with their new car and this is exactly what the Georgia lemon law does. A new car is considered a lemon in Georgia when it proves to be unsafe and unreliable, even when there has been repair attempts with no success. They differ by the state so if you are living in Wisconsin, it is always a good idea to hire the help of a lemon lawyer who has the Wisconsin lemon laws at the tip of his fingers. There is just no need to knock the doors of a New York-based lawyer.

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Article Source: http://EzineArticles.com/?expert=John_Mash

Wisconsin Lemon Law - State With the Strongest Lemon Law Compliance

2010-10-30T10:59:00.000-07:00

Buying a vehicle is a lifetime investment for the buyer. To protect this investment Wisconsin has certain laws and procedures. There are a few warranties provided with the vehicles to protect the consumers. Only an experienced attorney will be able to guide you through the procedures and can advise you on what is right or wrong.

Wisconsin lemon law is considered as the strongest in the country and has been providing protection for more than 24 years. From cars, trucks, semi-trucks, motorcycle everything can be protected under this law. Once your car is considered a lemon then obtaining a relief should be done with care. This can be done by an attorney as he will give you an insight on how to go about it. The vehicle falls under the lemon category if it has constant defects. These defects should be not only covered by warranty but it should also occur under the first year of the warranty coverage. Each state has lemon law and they vary from state to state.
Wisconsin's law is considered as the safest and also strongest. The law even allows you to get double the amount for your damages if you win the lemon law case. The manufacturer has to pay the attorney fees too. This law is even applicable for the commercial vehicles. There are some states where commercial law has no protection or mileage limitation. It is believed that a consumer whose vehicle comes under lemon the manufacturer can try four times to repair the defect and bring back the vehicle to the normal condition; if not then the consumer can file a lawsuit.

Get to know more about the Wisconsin Lemon Law so that you can find a solution for your car. The collateral costs include repair costs and if you have used any other vehicle for alternative transportation. Not only that as per law the any additional things which the consumer may have brought in for the damages can be reimbursed. If that is the case the court has the right to order the manufacturer to repay twice the amount of the loss including the attorney fees and any other equal expenses incurred. Before filing law suits consult with the attorneys so that you will get the overall idea of what Wisconsin's lemon law is. This will help you to know whether you can claim under Wisconsin's lemon law. Always have a written copy of the repair documents.

For more information on rules and rights of Winsconsin Lemon Law - visit my simple and impartial guide to Lemon laws: New Car Lemon Laws.

Article Source: http://EzineArticles.com/?expert=Rien_Glass

Lemon Law in Wisconsin

2010-10-28T22:07:00.000-07:00

The lemon law in Wisconsin is pretty simple. If the vehicle you purchase turns out to be a lemon, the manufacturer has to replace the vehicle or refund the purchase price minus a reasonable amount based on mileage.
This law only applies to new vehicles no more than a year old and is still under warranty. This includes cars, trucks, motorcycles and motor homes which you have purchased or leased as well as those used as demonstrator or executive vehicles.
The vehicle itself can only be considered defective if the dealer cannot fix it after four tries or if the problem prevents you from using it for more than 30 days which does not have to be consecutive. This means that it should seriously affect the use, value or safety of the vehicle.
Unlike other states where there is a deadline given to which you have to file a suit, Wisconsin doesn't but a judge will be the one who will decide the merits of the case.
Before you file a case, you should get a repair order for reach visit even if the shop does not diagnose the problem or attempt to do any repairs because this document shows that the problem you encountered was reported and the date it was brought in the shop. You should also keep contracts and warranties in a safe place so this will easily be found when it is needed.
The best place to get help if you have a lemon is to get assistance from Wisconsin's Department of Transportation since they have the proper forms to request the manufacturer for a refund or replacement vehicle. They will also be able to give you more information about how to exercise your rights as a consumer under the law.
Once the form has been filled up, this has to be mailed to the manufacturer's address that can be found inside the user's manual. You should probably send this through certified mail to make sure that it was received.
The manufacturer has 30 days to respond to your request. If you are asking for a refund, aside from the full purchase price they have to include sales tax, any finance charges and collateral costs again minus the mileage. If you are getting a replacement, the manufacturer should only refund your collateral costs and charge nothing from mileage.
Collateral costs refer to alternative transportation expenses because the vehicle was in the shop, towing charges if the vehicle broke down in the middle of the road and repairs costs that were incurred to try and fix the problem.
If the manufacturer refuses to give you a refund or replacement, you can consider an arbitration program. This is free and you don't need a lawyer. In fact, most car companies have one and you are required to go through the process if it is certified.
But if it is not certified by the state, you are not required to. Instead, you can hire an attorney and take this matter to court so the judge can decide on the matter. If you sue the manufacturer and win, you may get double the vehicle's purchase price plus other costs including the attorney fees.
The lemon law is quite complex so it is best to hire a lawyer that specializes in it. You can look for someone in the directory or get help from the State Bar of Wisconsin Attorney Referral Service or the WisBar Layer Referral and Information Service.

Article Source: http://EzineArticles.com/?expert=William_Allen_Yap

Why You Need A Las Vegas Criminal Attorney

2010-10-24T17:49:00.000-07:00

World is full of diverse people where there also exists people with criminal intend. These goons, robbers, frauds or the antisocial elements have to be treated with the right kind of punishment but there the question arises that who will prove them guilty who will get these faces in jail? The reply is the criminal attorney.

Nevada in USA doesn't need an attorney at all but as we are aware that criminal activities can occur any time any place it has to take help from Las Vegas. They call it the gamblers paradise where taxi drivers can turn cents to millions as well as shed to the same scale. Yes we are talking about Las Vegas the glamour the vibe the lure often drives millions of Americans to this place.With this huge force also comes the scares for which criminal attorney are well suited. Now the most crucial question comes up as to how to select the most appropriate attorney? For this we have to look into on various grounds to find the correct match. The most basic need of an attorney is that he should have a license to practice in the given state and he should have passed the bar exam. Secondly, the legal professional need to be specialized in the criminal cases rather than other cases. Knowledge is valuable but it comes with experience hence people should seek for an experienced attorney. As a beginner these lawyers can work in second chair and investigate the primary and detail facts about the case and report it to the one on the first chair. An attorney always has to start with small cases with criminal issues and then only can he deal with the bigger ones.

Well, nowadays numerous websites offer the attorney on the web. Client is eased as he can just view the details of various criminal attorneys on his screen. There are numerous organizations running online demand services for lawyers. Fee charged for each case changes as per the case's intensity. Every time gambling houses need to be careful regarding the frauds as it can cause them intense damage and therefore they take these charges very seriously. First criminal activity is heavily charged in Nevada and LS. Hence good attorneys in LS and Nevada often struggle hard to get you the least the offered punishment. Attorneys have worked out cases ranging from traffic violation to serious frauds. It is a rule in this place that till you are proved guilty even if you have committed the crime you are free. As time plays different nodes your attorney should be able to act accordingly and more important quickly. On the whole your attorney is the sole trumpet player when on case.

As a single decision can make lots of changes in a criminal case hence one should be very correct in selecting a criminal attorney.

About the Author/Author Bio

Now is the time to wake up and raise your voice with Las Vegas criminal attorney and get the best Las Vegas criminal defense lawyer.

Article Source: http://www.articlesphere.com/Article/Why-You-Need-A-Las-Vegas-Criminal-Attorney/230430

3 Questions to Ask Your Motorcycle Lawyer

2010-10-24T17:41:00.000-07:00

When hiring a motorcycle accident lawyer, there are some important questions you should be asking before you choose the motorcycle lawyer who is right for you. The questions will help to narrow it down so that you find a Denver motorcycle accident lawyer who is trustworthy, knowledgeable, and reliable and who will relentlessly fight for your rights as an injured citizen. In Denver, some motorcycle accident lawyers aren't any of the aforementioned things, so be sure to ask the following 3 questions to have a better chance of avoiding the bad apples.

The first question to ask the motorcycle lawyer you are interviewing is:

What rights do I have that need to be protected and how will you help to protect these rights?

After hearing your side of the story about how you got injured and all the details of your case, the motorcycle accident lawyer should be able to thoroughly answer this question. Most importantly, he or she should be able to answer it without hesitation. In a larger metro area such as Denver there are plenty of motorcycle accident lawyers to choose from, so if you sense hesitation or inexperience from this person, move on to the next Denver motorcycle accident lawyer with more experience.

Speaking of experience, another important question to ask is:

How long have you been practicing law - in particular, how long have you been practicing personal injury and accident law?

Someone who just started practicing law or just started delving into this sector of law is probably not the best choice for representing your personal injury case and getting you the compensation you deserve. Choose a motorcycle accident lawyer with at least a decade of experience for the best results. With the right accident lawyer, you can receive up to 3 times more money than you would by hiring no one or an inexperienced attorney. Finding a good Denver motorcycle accident lawyer is imperative to ensuring a positive outcome to your personal injury case.

A third important question to discuss with a potential motorcycle accident lawyer is the following:

Do you bill on a contingency fee (a fee that is charged at the end of the case ONLY if you are successful) and will you advance any case expenses (court costs, paperwork fees, etc) that might come up prior to settlement of the case?

Contingency fees make it easy for you to pay your attorney after the case is settled and you receive your cash settlement. No more worrying about payment plans or how you're going to pay your motorcycle accident lawyer fees. The attorney will typically take a previously agreed upon percentage of the settlement at the successful end of your case.

About the Author/Author Bio

Susan Slobac is a consultant in the law industry. Susan writes about trends in motorcycle lawyer and motorcycle accident lawyer.

Article Source: http://www.articlesphere.com/Article/3-Questions-to-Ask-Your-Motorcycle-Lawyer/239831

Top Reasons Why You May Need Estate Attorneys

2010-10-02T01:09:00.000-07:00

Any kind of real estate transaction involves a number of legal issues which have to be taken care of properly. These issues are quite complex and for this reason they have to be handled by professional estate attorneys in Lake Oswego Oregon. Finding suitable attorneys will ensure legal estate transactions go smoothly.

Services Offered By Estate Attorneys

There are a number of cases for which you may need estate attorneys in Lake Oswego, Oregon. Listed below are some issues which will make it necessary to hire these attorneys.

Property Disputes

Property disputes are probably the most common case for hiring estate attorneys. In such cases, attorneys help to resolve disputes over property though litigation. This could either be between families or other serious issues. Estate attorneys can also help to settle disputed properties so that the money gained though the cases can be used among the people involved for other settlements.

Divorce Settlements

There are many divorce cases where homes are on the names of both spouses. In such cases, estate attorneys can help fair distribution of the property between both parties. Hiring estate attorneys, in fact, are necessary in such situations as there are various complex issues related to property that are only known to these attorneys.

Provide Property Information

Estate attorneys are also very helpful to real estate investors as they have a great deal of information regarding property sales and deals. Most of these deals are usually tied up with some legal procedure. This can be a good deal for investors as they become aware of available properties much before anyone else.

Sale of Properties

Estate attorneys in Lake Oswego Oregon can also be helpful to homeowners who prefer to sell their properties through them rather than brokers. However, not all attorneys take on this task as it takes up a lot of their time.

Estate Attorneys Portland Oregon - Learn sone important things to look for and to ask when deciding to hire an estate planning attorney.

Author by Alex Shown

Article Source: http://www.articlesphere.com/Article/Top-Reasons-Why-You-May-Need-Estate-Attorneys/240325

Alaska Lemon Law Guide

2010-08-17T12:29:00.000-07:00

The state of Alaska Lemon Law information listed here was current at the time this page was created, but like anything else these statutes could be changed at any time without any notice. I suggest taking the time to verify this information before taking any action based on it. That's why I'm going to include a link to the AK lemon law statutes as they're listed on the Alaska Lemon Law state webpage.

Alaska Lemon Law Statutes

AS 45.45.300. Repairs Required.

If a new motor vehicle does not conform to an express warranty that is applicable to it and the owner of the vehicle reports the defect or condition to the manufacturer of the vehicle or to the manufacturer’s or distributor’s dealer during the term of the warranty, the manufacturer, distributor, dealer, or a repairing agent shall make the necessary repairs to conform the vehicle to the express warranty.

AS 45.45.305. Replacement or Refund.

If during the term of the express warranty or within one year from the date of delivery of the motor vehicle to the original owner, whichever period terminates first, the manufacturer, distributor, dealer, or repairing agent is unable to conform the motor vehicle to an applicable express warranty after a reasonable number of attempts, the manufacturer or distributor shall accept the return of the nonconforming motor vehicle, and, at the owner's option, shall replace the nonconforming vehicle with a new, comparable vehicle or shall refund the full purchase price to the owner less a reasonable allowance for the use of the motor vehicle from the time it was delivered to the original owner. A refund under this section shall be made to a lienholder of record, if any, and the owner, as their interests may appear.

AS 45.45.310. Notice By Owner.

In order to claim a refund or replacement under AS 45.45.305, the owner shall give written notice by certified mail to the manufacturer and its dealer or repairing agent at any time before 60 days have elapsed after the expiration of the express warranty or the one-year period after the date of delivery of the motor vehicle to the original owner, whichever period terminates first,

1. stating that the vehicle has a nonconformity;

2. providing a reasonable description of the nonconformity;

3. stating that the manufacturer, distributor, dealer, or repairing agent has made a reasonable number of attempts to conform the vehicle; and

4. stating that the owner demands a refund or replacement vehicle to be delivered on the 60th day after the mailing of the written notice. Within 30 days after receiving the notice required by this section the manufacturer may make a final attempt to conform the vehicle before a refund or replacement is made under AS 45.45.305.

AS 45.45.315. Exceptions.

An owner may not receive a refund or replacement under AS 45.45.300 - 45.45.360 if the manufacturer or distributor shows that the nonconformity complained of

1. does not substantially impair either the use or the market value of the motor vehicle; or

2. is the result of alteration of the motor vehicle by the owner or a person other than a dealer or repairing agent that is not authorized by the manufacturer or distributor; or abuse or neglect by the owner or a person other than the dealer or repairing agent.

AS 45.45.320. Presumption.

A presumption that a reasonable number of attempts have been made to conform a motor vehicle under an applicable express warranty is established if:

1. the same nonconformity has been subject to repair three or more times by the manufacturer, distributor, dealer, or repairing agent during the term of the express warranty or the one-year period after delivery of the motor vehicle to the original owner, whichever period terminates first, but the nonconformity continues to exist; or

2. the vehicle is out of service for repair for a total of 30 or more business days during the express warranty term or the one-year period referred to in (1) of this section, whichever period terminates first; any period of time that repairs are not performed for reasons that are beyond the control of the manufacturer, distributor, dealer, or repairing agent is excluded from the 30-day time period referred to in this paragraph.

AS 45.45.325. Parts Availability.

A manufacturer whose vehicles are sold in the state through an authorized dealer shall provide its dealer or repairing agent with any part necessary to make a repair of a nonconformity covered under an express warranty, as soon as possible, without additional charge for freight or handling, if the part is not in the dealer's or agent's inventory when the nonconforming vehicle is brought to the dealer or repairing agent for repair.

AS 45.45.335. Resale Without Disclosure Prohibited.

A motor vehicle returned under AS 45.45.305 may not be resold by the manufacturer or distributor in the state unless full disclosure of the reason for the return is made to the prospective buyer before the resale is concluded.

AS 45.45.340. Other rights and remedies.

The provisions of AS 45.45.300 - 45.45.360 do not limit other rights and remedies that may be available to the owner of a motor vehicle under other provisions of law. This section does not create a new cause of action against a dealer or repairing agent who sells or attempts to repair a motor vehicle found to be nonconforming under AS 45.45.300 - 45.45.360.

AS 45.45.345. Repair Facilities.

A manufacturer or distributor or motor vehicles who authorizes the sale of the manufacturer's or distributor's motor vehicles in the state shall maintain authorized dealership facilities within the state that are able to perform the service and make the repairs required by the manufacturer's express warranty and by AS 45.45.300 - 45.45.360.

AS 45.45.350. Reimbursement of Shipping Costs.

A manufacturer or distributor who accepts the return of a nonconforming motor vehicle under AS 45.45.305 shall reimburse the owner for any reasonable cost incurred in shipping the vehicle to and from the nearest authorized facility for warranty service and repair of a nonconformity that causes the return of the vehicle.

AS 45.45.355. Arbitration or Mediation.

If a manufacturer or distributor has established an informal dispute settlement procedure that substantially complies with the requirements of 16 C.F.R. 703, as that section may be amended, or if the manufacturer or distributor, after receipt of notice required by AS 45.45.310, offers in writing to participate in an arbitration or mediation process with the owner and the arbitration or mediation decision is binding on the manufacturer or distributor but not on the owner, and if the informal dispute settlement or arbitration or mediation process is approved by the attorney general, the provisions of AS 45.45.305 concerning refund or replacement or AS 45.45.350 concerning shipping costs do not apply to an owner who has not first resorted to the informal dispute settlement procedure or arbitration or mediation process.

AS 45.45.360. Definitions.

Definitions in AS 45.45.300 - 45.45.360:

1. "dealer" means a person who has obtained a franchise from, or is authorized by, a motor vehicle manufacturer to engage in the retail sale and warranty repair of the manufacturer's new motor vehicles in the state;

2. "distributor" means a person who is authorized by a manufacturer to engage in the wholesale distribution of the manufacturer's new motor vehicles in the state;

3. "express warranty" or "warranty" means an express written warranty provided by the manufacturer of a new motor vehicle;

4. "full purchase price" means the total price paid for a motor vehicle by the original owner, including costs added to the retail price, such as original registration fees, transportation fees, dealer preparation, and dealer installed options;

5. "manufacturer" means a person who by labor transforms raw materials and component parts into motor vehicles for wholesale or retail sale;

6. "motor vehicle" or "vehicle" means a land vehicle having four or more wheels, that is self-propelled by a motor, is normally used for personal, family, or household purposes, and is required to be registered under AS 28.10; but does not include a tractor, farm vehicle, or a vehicle designed primarily for off-road use;

7. "nonconformity" means a defect or condition in a motor vehicle caused by a manufacturer, distributor, dealer, or repairing agent that substantially impairs the use or market value of a vehicle;

8. "owner" means a purchaser, other than for resale, of a new motor vehicle, and a person to whom ownership of the motor vehicle is transferred in conformity with AS 28;

9. "reasonable allowance" means an amount attributable to an owner's use of a motor vehicle; a "reasonable allowance" may not exceed an amount equal to the depreciation in value of the vehicle for the period during which the vehicle is available for use by the owner, calculated by a straight line depreciation method over seven years, plus an amount equal to the depreciation in value of the vehicle that is caused by any neglect or abuse by the owner; or body damage not caused by a nonconformity;

10. "repairing agent" means a person who has been specifically authorized by a motor vehicle manufacturer or distributor to perform warranty repairs in the state on one or more of the manufacturer's or distributor's motor vehicles;

11. "substantially impairs the market value" means a nonconformity that substantially decreases the dollar value of a vehicle to the owner when compared to the dollar value of a similar vehicle that does not have the nonconformity;

12. "substantially impairs the use" means a nonconformity that prevents a motor vehicle from being operated or makes the vehicle unsafe to operate.

Creadit to freelemonlawguidedotcom

Alabama Lemon Law Guide

2010-08-17T12:22:00.000-07:00

The state of Alabama Lemon Law information listed here was current at the time this page was created, but like anything else these statutes could be changed at any time without any notice. I suggest taking the time to verify this information before taking any action based on it. That's why I'm going to include a link to the AL lemon law statutes as they're listed on the Alabama Lemon Law state webpage.

Alabama Lemon Law Statutes

Definitions.
As used in this chapter, the following terms shall have the respective meanings as indicated:

1. Consumer.
The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

2. Motor vehicle.
Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.

3. Manufacturer.
The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

4. Motor vehicle dealer or Authorized dealer.
The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

5. Express warranty.
A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

6. Nonconforming condition.
Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

7. Notice of a nonconforming condition.
A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

8. Lemon law rights period.
The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Section 8-20A-2 Obligations of manufacturer.

1. If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

2. If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:
1. The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

2. All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

3. All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

4. Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

3. It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:
1. The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

2. The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Section 8-20A-3 Cause of action against manufacturer.

1. A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

2. It shall be an affirmative defense to any claim against the manufacturer under this chapter that:
1. an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or

2. a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

3. If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.

Section 8-20A-4 Resale of returned motor vehicle.

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

1. The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

2. The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.

Section 8-20A-5 No dealership liability.

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Section 8-20A-6 Statute of limitations.

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

Creadit to freelemonlawguidedotcom

New California Lemon Law Reference Guide

2010-08-17T12:16:00.000-07:00

Aug 02, 2010 – Howard D. Silver of The Law Offices of Howard D. Silver is proud to announce the debut of the firm’s new California lemon law reference guide for automobile consumers. In addition to providing valuable information regarding the California lemon law, also referred to as the Song Beverly Consumer Warranty Act, the new reference guide also addresses how consumers can avoid fraud when buying new and used cars.

The California lemon law guidebook aims to arm consumers with a better understanding of their rights under the California lemon law. The brochure can be accessed at http://www.howardsilverlaw.com/brochure/ and provides helpful data relating to lemon law definitions, real-life examples of lemon vehicles, manufacturer buybacks, lemon vehicle qualifications, repair attempts, auto warranties, and much more. In learning more about the details surrounding these issues, consumers will be able to better identify a lemon vehicle and know what necessary steps should be taken after being sold a lemon.

The guidebook is also an important resource for helping consumers in the face of being sold a new or used car that is not what the seller characterized it to be at the time of purchase. The guide addresses issues relating to consumer qualifications for obtaining reimbursement, manufacturer and auto dealer warranties, used car dealer requirements, types of auto dealer illegal activity, certified used cars, vehicle damage/repair history, auto returns, salvaged vehicles, and more. With this information, consumers will increase their chances of avoiding auto fraud and will be better equipped to identify instances of misrepresentation and other fraudulent behavior.

About The Law Offices of Howard D. Silver: Howard D. Silver assists consumers in California with issues relating to automobile lemon law, motorhome lemon law, motorcycle lemon law, used car and auto repair fraud, and, unfair and deceptive business practices. As a skilled lemon law attorney in California, Howard D. Silver has a success rate over 95% and protects the rights of consumers so that they can receive the reimbursement or replacement vehicle that they deserve.

Creadit to prlogdotorg

Washington Lemon Law Guide

2010-08-17T12:13:00.000-07:00

Washington Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Washington consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Washington Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. The following comments briefly explain the Washington Lemon Law and how it applies to you.

This message is not a substitute for contacting a lawyer who can best advise you of your rights. If you think you qualify for a Lemon Law, click here for a free Washington Lemon Law case review or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.

Lemon Law Facts

Under the Washington State Motor Vehicle Lemon Law, a vehicle is considered a lemon when it hasn't been repaired after a reasonable number of attempts.

Washington State has a Motor Vehicle Lemon Law that is designed to protect consumers who have continuing warranty problems with a new or nearly new vehicle.
If you feel you own a lemon, under the law you can request an arbitration hearing through the Attorney General's Office.
To be accepted for arbitration your vehicle must be covered under the law. With a few exceptions, the law covers passenger cars, small and mid-sized trucks, large motorcycles, and motor homes.
To be covered, your vehicle must have been originally purchased or leased in Washington state and also originally registered in Washington.
You must submit a request for arbitration within 30 months of the vehicle's original delivery date.
You do not have to be the original owner of the vehicle to request arbitration, but your vehicle must meet all the qualifications. You must also apply for arbitration within 30 months of the vehicle's original delivery date to its first owner.

What Is The Lemon Law?

The Washington State Motor Vehicle Lemon Law is designed to help new vehicle owners who have substantial continuing problems with warranty repairs. The law allows the owner to request an arbitration hearing through the Attorney General's Office.

There will be no charge for the arbitration process. At the hearing, the arbitrator will decide whether a consumer's claim meets the requirements under the law.

A special note about motor homes

If your vehicle is a motor home originally purchased or leased after June 30, 1998 there are different requirements under the law that are described in the Lemon Law Motor Home Brochure. If you have a motor home that was originally purchased or leased at retail on or prior to June 30, 1998 this brochure describes the standards and procedures which apply to your vehicle.

Which Vehicles Are Eligible?

The law covers most classes of motor vehicles including "demonstrators" which have an original retail purchase or lease in Washington and are originally registered in the state (Note: a military exception may apply to the registration requirement). An owner can request an arbitration under Lemon Law at any time within 30 months of the vehicle's original retail delivery date.

You do not have to be the original owner to request arbitration. Later owners of a vehicle may request an arbitration if: the vehicle was purchased within two years of delivery to the original retail consumer and within the first 24,000 miles of operation; the vehicle meets the other eligibility requirements; and the Request For Arbitration is made within 30 months of the original retail delivery date.

Vehicles Not Covered

Motorcycles with engine displacements of less than 750 cubic centimeters;
Trucks over 19,000 lbs. gross weight rating;
Portions of a motor home used as dwelling, office, or commercial space;
Vehicles purchased or leased by a business as part of a fleet of 10 or more.

What Is A Lemon?

Your vehicle may qualify as a lemon if it has one or more substantial defects that have been subject to a reasonable number of attempts to diagnose or repair the problem(s) under the manufacturer's warranty. A reasonable number of attempts has occurred when one or all of the following are true:

Diagnosis or repair of the same serious safety defect has been attempted two or more times, and the defect continues to exist. At least one attempt must occur during the warranty period.

A serious safety defect is a life-threatening malfunction that impairs the driver's ability to control or operate the vehicle, or creates a risk of fire or explosion.

Diagnosis or repair of the same nonconformity has been attempted four or more times, and the defect continues to exist. At least one attempt must occur during the warranty period.

A nonconformity is a defect that substantially impairs the use, value or safety of the motor vehicle so as to make the vehicle unreliable, unsafe or diminished in resale value for comparable vehicles.

A vehicle has been out of service for diagnosis or repair of one or more nonconformities or serious safety defects (whether or not repaired) for a cumulative total of 30 calendar days, with at least 15 of those days occurring during the warranty period.

At the arbitration hearing, the arbitrator will ask you which of the above criteria applies to your vehicle. You can claim one or more of the criteria listed above as long as you can prove to the arbitrator that they apply to the defect(s) in your vehicle.

Are All Problems Covered Under the Lemon Law?

NO. The law does not cover problems caused by owner abuse or negligence, or any unauthorized modifications or alterations made to the vehicle.

Lemon Law applies only to the self-propelled vehicle and chassis portions of a motor home. For the Lemon Law requirements for motor homes purchased or leased after June 30, 1998 see the Lemon Law Motor Home Brochure. To obtain a copy, contact the Lemon Law Administration.

The law covers only defects which substantially impair the use, value, or safety of the motor vehicle.

What Is The Warranty Period?

To determine whether you have a claim under Lemon Law you will have to determine whether at least one attempt to diagnose or repair each defect occurred under the manufacturer's warranty and within the warranty period. It is important to understand that, for purposes of arbitration, the warranty period may be different from the actual manufacturer's warranty. The law requires that the manufacturer's warranty cover at least 1 year or 12,000 miles (whichever occurs first). An extended service contract is not an express manufacturer's warranty under most circumstances.

When determining whether an attempt to diagnose or repair a defect meets the requirements for eligibility, the warranty period covers a diagnosis or repair occurring within 2 years from the original delivery date and 24,000 miles of operation of the vehicle.

The following are examples of how to determine whether a diagnosis or repair attempt occurred during the warranty period.

If the manufacturer provides the minimum warranty of one year or 12,000 miles (whichever occurs first), an eligible defect must have been:

diagnosed or repaired at least once under the manufacturer's warranty within 12 months and 12,000 miles; OR
out of service for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer's warranty; at least 15 calendar days must have occurred during the manufacturer's warranty coverage of 12 months and 12,000 miles.

If the manufacturer provided a longer warranty (e.g. five years or 50,000 miles) an eligible defect must have been:

diagnosed or repaired at least once under the manufacturer's warranty and within two years and 24,000 miles; OR
out of service for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer's warranty; at least 15 calendar days must have occurred within two years and 24,000 miles.

Records Needed For A Request For Arbitration

You must submit copies of your purchase or lease agreement and title/registration documents. If you are a subsequent owner, you should also submit a title history for the vehicle and/or the original owner's documents. You must submit copies of your vehicle's repair orders when you request an arbitration. If you did not receive repair orders or did not keep your copies, see How To Obtain Documents below.

Each time you take your vehicle to a dealership for warranty services, you have the right to receive a fully itemized and legible repair order or written statement from the dealer. Among other requirements, the repair order or statement must identify the problem(s) you are experiencing with your vehicle, diagnosis, work done, the in and out mileage on the vehicle, and the dates the vehicle was in the repair shop.

You are entitled to receive a copy of any report or computer reading regarding inspection, diagnosis, or test-drive of your vehicle from the dealer or manufacturer upon request. In addition, you are entitled to copies of any technical service bulletins regarding the year, make and model of your vehicle. Technical service bulletins are sent to service departments by the manufacturer. Service bulletins describe particular problems which are occurring in certain vehicles and how to diagnose and repair them.

How To Obtain Documents

If you are missing documents needed for arbitration, you should submit a written request to the source (e.g. dealer, manufacturer, etc.), asking for copies of the documents. Keep a copy of your request letter.

If you do not receive the documents after requesting them, indicate this on the Request For Arbitration form and submit a copy of your written document request.

If You Have A Lemon

Gather all your documents, records, and repair reports and organize them. Evaluate how your vehicle qualifies as a lemon based on your records.

Write to the manufacturer requesting the repurchase or replacement of your vehicle. To locate the manufacturer's address look in your owner's manual, ask the dealership, or contact the Lemon Law Administration.

The written request to the manufacturer should include:

Make, Model, Year, and Vehicle Identification Number (VIN);

An explanation of the problem(s);

Name(s) of dealership(s) where diagnosis/repair attempts have been made, including dates of attempts;

You must request replacement or repurchase of the motor vehicle.

You should send the letter to the manufacturer by certified mail with a return receipt requested. This will verify the date that the manufacturer received your letter. KEEP A COPY OF YOUR LETTER AND YOUR RETURN RECEIPT IN YOUR RECORDS.

The manufacturer should be allowed 40 days to respond in most instances (see Note below). If the manufacturer does not respond or if the response is unsatisfactory, you can submit the Request For Arbitration form to the Lemon Law Administration in the Attorney General's Office.

Note: A Request For Arbitration Form must be received by the Lemon Law Administration within 30 months of the vehicle's original retail delivery date whether or not the 40 day response period has expired.

Call or write the Attorney General's Office for a Request For Arbitration form.

Submitting Your Request For Arbitration

Completing the Form

First, carefully read the instructions for filling out the form. When you submit the Request For Arbitration form you must include copies of all designated documents, records, and itemized repair orders. Fill the form out completely; add any further explanation or additional information if you believe it relates directly to your claim. All registered owners of the vehicle must sign the form.

Information Needed To Complete The Request For Arbitration Form

When completing the form, clearly describe each defect, when each attempt to diagnose or repair occurred, the mileage on your vehicle at the time of each attempt, the dealer who made the repairs, and the number of days your vehicle was out-of-service due to diagnosis or repair. You must send in copies of the repair orders for all diagnosis or repair attempts related to the defect(s) in your claim. If you cannot provide the documents, you must explain the reason why they are missing on the Request For Arbitration form (see Records Needed For A Request For Arbitration).

Keep a copy of the Request For Arbitration for your files and mail the original form to the Lemon Law Administration. If you are approaching the 30 month deadline for filing your Request For Arbitration, send the form and documents by certified mail (return receipt requested), deliver it in person or submit it by FAX (the address information is on the form).

Scheduling Of The Hearing

On the Request For Arbitration form you are asked to state a preferred time for the hearing. IT IS VERY IMPORTANT TO CONSIDER THIS CAREFULLY. IT IS VERY DIFFICULT (AND PROBABLY WILL NOT BE POSSIBLE) TO MAKE CHANGES AT A LATER TIME.

Arbitration hearing dates can be requested for weekdays, Saturdays and evenings, at locations around the state. The Arbitration Board will try to accommodate your schedule, but cannot guarantee to schedule your hearing when requested or when it will be most convenient for you.

Do You Need An Attorney?

It is not necessary for you to have an attorney; however, you may choose to be represented by counsel. Please indicate on the Request For Arbitration form if you will be represented by an attorney. The manufacturer may also be represented by an attorney. "Reasonable" attorney costs will be refunded to you in an award only if the manufacturer is also represented by counsel.

You should read the section What Is An Arbitration Hearing? before making your decision as to whether you will be represented by an attorney. If you decide you want to be represented by an attorney, it is advisable to consult with one as early as possible.

After You Request An Arbitration

The Lemon Law Administration will screen your arbitration request for:

a completed form;
copies of all the designated documents;
filing of the Request For Arbitration within 30 months of the vehicle's original retail delivery date;
a written request to the manufacturer to repurchase or replace the vehicle.

If the Lemon Law Administration rejects your Request For Arbitration, a written explanation will be mailed to you with further directions.

If your Request For Arbitration is complete, it will be forwarded to the Arbitration Board for review and scheduling.

The Arbitration Board

The Arbitration Board is a private company that has been selected by competitive public bid to provide arbitration services for the Lemon Law program. The Arbitration Board and the arbitrators are not associated with any automobile dealer or manufacturer and are independent of the Attorney General's Office. Lemon Law arbitrators are attorneys specifically trained in arbitration procedures.

The Arbitration Board will review your application for additional legal issues which could disqualify a claim.

When the Arbitration Board accepts your Request For Arbitration, you will be sent a notice of acceptance followed by an arbitration hearing date. You will receive the formal notice of the scheduled date, time, and location of your hearing at least 10 days before the hearing date. Your arbitration hearing must be held within 45 days of the Board's acceptance of your Request For Arbitration.

If the Board rejects your Request For Arbitration for disqualifying legal issues, you will be sent a written explanation and further directions.

The Manufacturer's Statement

After your Request For Arbitration is accepted, the manufacturer should send you a copy of a "Manufacturer's Statement," which will state the reasons why the manufacturer believes that it should not be required to replace or repurchase the vehicle. The manufacturer must send you this statement within 10 days of being notified that your claim has been accepted for arbitration.

The statement is useful when you prepare your presentation, testimony and evidence for the hearing. You should be prepared to respond to the specific points that the manufacturer raises.

Manufacturer's Right To View The Vehicle

After a claim has been accepted for arbitration, the manufacturer has the right to request a ‘viewing' of the vehicle for inspection purposes. The request must be made in the "Manufacturer's Statement".

You must be present while the manufacturer views the vehicle, unless you request otherwise in writing. The manufacturer and you should try to make arrangements for a mutually convenient time, date, and location to view the vehicle.

During this ‘view', the manufacturer can drive the vehicle or conduct tests with diagnostic equipment, but cannot make any repairs.

What If Your Claim Is Resolved Before The Hearing?

The manufacturer may contact you to try to settle your claim. Lemon Law creates incentives for both parties to reach a settlement agreement rather than proceeding on to a hearing. It is wise to get complete settlement terms in writing from the manufacturer before withdrawing from the arbitration process. If you do settle, notify the Arbitration Board immediately. You must complete and return a Settlement/Withdrawal form which is provided by the Arbitration Board.

If you withdraw from arbitration before your hearing, you may re-file for arbitration again within the 30 month time limit. However, if it is your second withdrawal, you will not be allowed to re-file for arbitration on the same grounds regardless of when the withdrawal occurred.

The Arbitration Process

What Is An Arbitration Hearing?

Arbitration hearings are much less complicated than court trials – there are no formal rules of evidence or court procedures, and the hearings are designed to be as easy as possible for participants. You will be given the opportunity to explain your claim and present documents, witnesses or other evidence to help prove your claim. The manufacturer will have the same opportunity to present their side of the dispute.

Arbitrators are like judges in that they listen to each side and then issue a decision.

The Lemon Law Administration has prepared a video which explains the arbitration process in detail. "The Lemon Law: A Guide to Arbitration" has been distributed to libraries across the state and is also available for viewing in selected state offices. Contact the Lemon Law Administration for locations and viewing appointments.

After acceptance for arbitration, you will receive complete information from the Arbitration Board on arbitration procedures and how to prepare for an arbitration hearing.

Who Will Attend The Arbitration Hearing?

Hearings usually will be attended by you and any witnesses, a manufacturer's representative, any manufacturer witnesses, and the arbitrator. All hearings are open to the public. In most instances, an impartial automotive expert technician will be assigned to assist the arbitrator. The expert may examine the vehicle and give an opinion about the nature of the problem(s) and the effect on the vehicle. The expert's function is not to provide testimony for either side in the dispute. You should consider whether providing technical testimony from a qualified independent mechanic would add substantial support to your claim.

What You Must Prove At The Arbitration Hearing

At the hearing you must establish that your vehicle is eligible (see the section, Which Vehicles Are Eligible?) and that the manufacturer received your written request for repurchase or replacement of the vehicle.

The arbitrator will ask you which of the categories your claim is based upon (see What Is A Lemon?):

2 attempts to diagnose or repair a "serious safety defect"
4 attempts to diagnose or repair a "nonconformity" or
30 or more cumulative days out-of-service for diagnosis or repair of one or more nonconformities and serious safety defects.

Your claim may be based on one or more defects and cover multiple categories. Plan your presentation to show how your vehicle meets all the requirements and definitions of a category as described in the law. Presenting problems which do not fit in those categories will not help your case and may confuse the important issues.

For each nonconformity or serious safety defect you must be prepared to prove to the arbitrator that:

the defect continues to exist (except for days out-of-service)
the defect meets the definition of a serious safety defect, or nonconformity (see What Is A Lemon?)
the required minimum number of diagnostic or repair attempts have been made to the vehicle, with at least one attempt occurring under the manufacturer's written warranty and within the Lemon Law warranty period.

If you are claiming 30 or more cumulative days out-of- service due to diagnosis or repair of one or more nonconformities and serious safety defects, you must be prepared to show that:

each defect meets (or did meet) the definition of a nonconformity or serious safety defect
at least 15 of the 30 or more days occurred under the manufacturer's warranty and within the Lemon Law warranty period (see What Is The Warranty Period?).

Replacement Or Repurchase?

Under the law, if your vehicle is determined to be a lemon by the arbitrator, you will be awarded your choice of repurchase or replacement of the vehicle. At the arbitration hearing you will have to make a final decision whether you want the vehicle replaced or repurchased.

NOTE: You will be sent a financial information form which you should complete and bring with you to the hearing along with supporting documents. You must be prepared to present verification of all financial information at the hearing necessary to complete the calculation of an award. Failure to provide this information can result in a reduced award.

Replacement

If you are awarded a replacement vehicle, the new vehicle must be "identical or reasonably equivalent" to your vehicle as it existed at the time of original purchase or lease including any service contract, undercoating, rust proofing, other factory/dealer options; the manufacturer is also responsible for any sales tax, license, registration fees and refunding to you any incidental costs awarded by the arbitrator. Before receiving the new vehicle you will be obligated to pay the manufacturer an offset for use based on the total attributable use mileage and original "purchase price" regardless of whether you are the original or a subsequent owner. You should contact your lender early in the process about how they would deal with your existing loan or lease and a replacement vehicle.

Repurchase

If you are awarded a repurchase of your vehicle, the arbitrator will determine your refund based on the following:

if you purchased the vehicle, you will be refunded the cash price of the vehicle in the sales agreement (minus any manufacturer rebate) - if you have a loan balance, the lender will be paid from your refund
if you leased the vehicle, you will be refunded the total of all lease payments that you made, including inception and security deposit payments (not including any manufacturer rebate) - the manufacturer will be responsible for any remaining lease obligations.

NOTE: if you are a second or subsequent owner, a repurchase award will be based on your purchase price - not the original owner's purchase price.

The following types of items are also included in a refund of either leased or purchased vehicles:

collateral charges - sales or lease related charges including sales and use tax, finance charges, initial and monthly lease payments, dealer preparation and transportation charges, prorated license, registration and title fees, prorated insurance costs, nonrefundable portions of credit life and disability insurance, service contracts, undercoating, rust proofing and other factory or dealer installed options
incidental costs - reasonable expenses paid by you related to repairs including costs of towing and obtaining alternate transportation.
legal fees - if the manufacturer was represented by counsel, the arbitrator will also award reasonable costs and attorney's fees which you may have incurred in connection with the arbitration process.

Your refund will be the total of the award less an offset for use and less any lien holder interests in the vehicle. If your vehicle is leased, your refund will be the award total less an offset for use and the manufacturer will be responsible for paying off your lease obligation.

Offset For Use

When a manufacturer replaces or repurchases a vehicle, they have a right under Lemon Law to be reimbursed for use of the vehicle which is called the offset for use.

The offset for use is computed by multiplying the number of miles directly attributable to use times the purchase price (in the case of a lease, purchase price is the vehicle's capitalized cost if disclosed in the lease or if not disclosed then the manufacturer's suggested retail price) and dividing by 120,000 (Note: divide by 25,000 for a motorcycle).

Example: Based on a purchase price of $12,000 and 10,000 miles attributable to a consumer's use, the reasonable offset for use would be:

($12,000) x (10,000 miles) / 120,000 = $1,000

If you are a second or subsequent owner, a repurchase offset is based on your purchase price and a replacement offset is based on the original purchase price of the vehicle (as you will receive a new vehicle for the used vehicle you purchased).

IMPORTANT: Be certain that you understand how your offset for use will be calculated. If you are awarded a replacement vehicle, you must pay the offset for use before receiving the new vehicle. This may affect your decision whether to choose repurchase rather than a replacement.

If you are awarded a repurchase, the offset for use will be deducted from your refund before any existing loan obligations are paid. It is possible in situations of large loan balances and high mileage that a refund will not be enough to pay off the loan; the remaining balance would still be your responsibility. Similarly, if you have a lease with low payments and you have put substantial mileage on the vehicle, your offset could be larger than your refund.

The Arbitration Decision

The Board must issue the arbitration decision within 60 days from the date the Board received your Request For Arbitration. You will receive a copy of the decision and a form asking whether you accept or reject the decision. You have 60 days from the date you receive the decision to accept or reject it.

If the arbitration decision is in your favor and you accept it, then the manufacturer must:

comply within 40 days of receiving notice of your acceptance; or
appeal to superior court within 30 days of receiving your acceptance.

If you disagree with the decision, you can pursue your claims against the manufacturer by filing an appeal in superior court (at your own expense) where you would be allowed a new hearing of the dispute at a trial. If you decide to appeal, the appeal must be filed in superior court within 120 days of rejecting the arbitration decision.

Compliance and Consumer Requirements When Returning a Vehicle

The Attorney General's Office will contact you to confirm whether the manufacturer has complied. If the manufacturer has not complied or appealed, the Attorney General's Office may fine them.

If an arbitration decision awards repurchase or replacement of a defective vehicle, compliance with the decision occurs at a time, place and in a manner that is mutually agreeable to the you and the manufacturer.

You must return the vehicle free of damage; a consumer is not responsible for problems related to wear and tear from ordinary or expected use of the vehicle or damage related to defects covered by the warranty.

If the vehicle has been damaged due to fire, theft, vandalism, or collision (e.g. a dented fender from an accident or a broken/cracked windshield), the consumer has the option of having the vehicle repaired or transferring any insurance claim/insurance settlement to the manufacturer.

When returning a vehicle to the manufacturer, you cannot remove any equipment or options from the vehicle that were included in the purchase or lease. If you added features after buying or leasing the vehicle (e.g. car telephone or a canopy for a truck), those items may be removed while avoiding further damage, but you are not required to return the vehicle to original condition.

For complete advice concerning your legal rights, click here to consult a Washington Lemon Law attorney.

Most of the information on this page is provided by the state of Washington, which this website is not affiliated with.

Creadit to carlemondotcom

Auto Lemon Law Attorneys

2010-08-10T12:16:00.000-07:00

If you have had problems with your vehicle, it may be a lemon.

The Lemon Law is designed to protect consumers that purchase new cars, trucks, SUVs and mini-vans. As of 1993 all fifty U.S. states have passed Lemon Laws.

Each state has different standards and procedures, but all have similar coverage.

There are also other Consumer Protection laws that apply to consumer product purchases. Complaints, recalls and class actions are also an option for certain cases. There are options for new, used and leased vehicles.

Documentation is critical to protecting your rights. Never leave the dealership without a copy of your repair order.

Make sure your repair order states all of your vehicle’s deficiencies.

Always make certain that the work order states the date and time you leave your vehicle for repair, the repairs that were performed and the date you pick it up. Always save all repair orders.

The dealer or manufacturer may inform you that you do not have a claim under the lemon law. You should contact us for that determination. Assistance is only a moment away.

We have successfully settled claims for thousands of lemon law clients. We take pride in our ability to assure that our clients enjoy the justice they deserve.

Our previous clients refer many new clients to us and we look forward to doing our very best for you.

Your comments and suggestions are welcome and appreciated.

You may express those comments in person during office hours or online anytime at lemonauto sites

California Lemon Law

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Are you saddled with a Lemon vehicle?

Are you in search of experienced attorneys to help you get out of this sour situation?

Are you deterred by the large expense that you may incur hiring a top California Lemon Law firm?

Call us at 1-800 US LEMON® (800-875-3666) toll free to reach Krohn & Moss, Ltd. to

Get FREE initial consultation of your case
Get representation without attorneys’ fees being charged
Pursue your Lemon Law case against the manufacturer of the vehicle
Seek refund of your money, replacement vehicle or cash compensation and your attorney fees

As Lemon Law attorneys, we can guide and advise you concerning your lemon law rights and the recovery of your attorneys’ fees and costs.

A purchaser or lessee of a motor vehicle has various rights under both state and federal law if the vehicle does not perform as mentioned under an express warranty.

An Overview of California Lemon Law

The California Lemon Law primarily applies to vehicles:

* That were tendered for repair at least two (2) times for a serious safety problem; or
* That were tendered for repair for any other defect at least three (3) times ; or
* That are out of service for a total of thirty (30) or more days

We will assist you to resolve your claims for breach of warranty or for violations of Song-Beverly Act but you should act promptly to protect your rights. Submit the details online for a free case evaluation to protect your California Lemon Law rights.

California’s Song-Beverly Consumer Warranty Act is commonly referred to as California Lemon Law. It was enacted to protect consumers having to deal with a defective vehicle.

The California Lemon Law attorneys at Krohn & Moss, Ltd. are experienced at handling California lemon law claims for consumers in the State of California. They have successfully handled thousands of claims for lemon automobiles and other consumer products. They stay informed on the newest legal developments. For over fourteen (14) years, Krohn & Moss, Ltd. has built an infallible reputation for obtaining the best possible results for their California lemon law clientele. In fact, approximately 97 percent of the cases handled by the attorneys at Krohn & Moss, Ltd. settle without having to go to trial.

As California Lemon Law attorneys we can help you:

* To attempt to resolve your case prior to the need to file a lawsuit;
* Arrange an arbitration with the lemon manufacturer if they utilize a state-certified arbitration program
* File a civil lawsuit against the manufacturer and/or dealership on your behalf for the protection of your California lemon law rights
* Pursue your Lemon Law case against the manufacturer to get a refund of your money, replacement vehicle or cash compensation, if applicable

Call us at 1-800 US LEMON® (800-875-3666) toll free to reach Krohn & Moss, Ltd. for your FREE initial consultation so that you can learn more about how Krohn & Moss, Ltd., can protect you under the California Lemon Law and get the manufacturer and/or dealership to pay your attorney fees.

Quick Reference Guide

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The Wisconsin Lemon Law offers protection for consumers who buy and lease new vehicles (including cars, trucks, motorhomes and motorcycles). The Wisconsin Lemon Law provides different options/relief to the consumer.

The Wisconsin Lemon Law requires a manufacturer or its authorized dealers to repair nonconformities with vehicles (including cars, trucks, motorhomes and motorcycles). Under the Wisconsin Lemon Law, a nonconformity is a condition or defect which substantially impairs the use, value or safety of a motor vehicle (including cars, trucks, motorhomes and motorcycles) and is covered by an express warranty applicable to the vehicle or a component of the vehicle; nonconformity does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration by the consumer.

The Wisconsin Lemon Law provides that a condition or defect that substantially impairs the use, value or safety of a vehicle (including cars, trucks, motorhomes and motorcycles) must be more than a minor annoyance or inconvenience. However, under the Wisconsin Lemon Law, the consumer's vehicle need not have been undriveable for the nonconformity to substantially impair its use, value or safety. A nonconformity may substantially impair use, value or safety under the Wisconsin Lemon Law even if the vehicle was able to provide simple transportation to the consumer.

The Wisconsin Lemon Law imposes a duty to replace or refund if certain conditions are met. Specifically, the Wisconsin Lemon Law requires a manufacturer to provide the consumer with a comparable new motor vehicle (including cars, trucks, motorhomes and motorcycles) or a refund if, within the term of the warranty or within one year after delivery, whichever is sooner, either:

The same nonconformity was made available for repair to the manufacturer or any of its authorized dealers by the consumer at least four times and the nonconformity continued after the fourth time the vehicle (including cars, trucks, motorhomes and motorcycles) was made available for repairs.

The vehicle (including cars, trucks, motorhomes and motorcycles) was "out of service" for an aggregate of at least 30 calendar days because of any nonconformities (under the Wisconsin Lemon Law "out of service" is not limited to only those periods in which the vehicle is unavailable to the consumer; it includes those periods when the vehicle is not capable of rendering service as warranted due to a nonconformity, even though the vehicle may be in the possession of the consumer and may still be driven in spite of the nonconformity).

Under the Wisconsin Lemon Law, the "same nonconformity" means the identical or substantially similar condition(s) or defect(s). A nonconformity is made "available for repairs" by the consumer under the Wisconsin Lemon Law regardless of whether any repairs were actually attempted by the manufacturer or its authorized dealers. Also a nonconformity is made available for repairs by the consumer under the Wisconsin Lemon Law regardless of whether any nonconformity was verified at the time by the manufacturer or authorized dealer.

If the repairs are not made and the consumer thereafter continues to give the manufacturer or its authorized dealers an opportunity to repair the nonconformity(ies), the Wisconsin Lemon Law provides that the 30-day clock starts running from the date of that initial failed repair opportunity. As long as there exists notice and opportunity to repair with respect to a nonconformity, the 30-day clock runs under the Wisconsin Lemon Law.

As an alternative claim under the Wisconsin Lemon Law, if a new vehicle (including cars, trucks, motorhomes and motorcycles) does not conform to an applicable express warranty, and the consumer reports the nonconformity and makes the vehicle available for repair to the manufacturer or any of the manufacturers' authorized dealers, before the expiration of the warranty or within one year after delivery - whichever is sooner, the nonconformity must be repaired. If the nonconformity is not repaired, the consumer is entitled to recover his or her pecuniary loss, pursuant to the Wisconsin Lemon Law.

If the manufacturer fails to replace or refund, or repair, as applicable, within a timely manner, the Wisconsin Lemon Law is violated and the consumer may file a lawsuit. A consumer who prevails under the Wisconsin Lemon Law is entitled to recover double damages, as well as attorney fees and litigation costs.

We have successfully represented clients throughout the entire state of Wisconsin. Your Wisconsin location is not a limitation for us.

We realize the Wisconsin Lemon Law is very technical. If you have a question as to whether your consumer vehicle (including cars, trucks, motorhomes and motorcycles) may qualify for relief under the Wisconsin Lemon Law, call Jastroch & LaBarge, S.C. for a FREE telephone consultation regarding the Wisconsin Lemon Law at 262/547-2611 (in the Milwaukee Metro Area) or 877/635-6220 (toll free outside of the Milwaukee Metro Area).

Law Lemon Wisconsin Aid

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A vehicle purchase is often the second largest investment in a person's life. Wisconsin has laws and procedures in place to protect this investment. Similarly, warranties are also provided with vehicles to protect consumers. An experienced attorney can guide you through the procedures and advise you on whether your vehicle is eligible for relief.

Wisconsin's Lemon Law, one of the strongest in the country, has now provided protection for Wisconsin consumers for over 24 years. Signed into law on November 3, 1983, it protects new car, motorcycle, truck, semi-truck, and motor home buyers by stating that a manufacturer must refund or replace a new vehicle if it turns out to be a "lemon".

Obtaining relief under the lemon law is a procedure that must be followed carefully. An attorney can be helpful in determining whether you have a lemon law claim and to guide you through the lemon law process. Our office has handled hundreds of lemon law and warranty litigation cases and is experienced in litigating these types of cases throughout the State of Wisconsin.

Under the law, a vehicle is considered a lemon if it has one or more defects that substantially impair its use, value or safety. Such defects must be covered by warranty, and problems must occur in the first year of the warranty coverage. Although defects and repair attempts must occur in the first year, vehicle owners have up to several years after that to file a lawsuit.

While every state has a lemon law, the strength of these laws vary greatly. Wisconsin's Lemon Law is stronger than most and has a number of unique features.

▪ The law provides for double damages if a consumer wins a Lemon Law case in court.

▪ The law provides for the manufacturer to pay actual attorney fees and costs if the consumer prevails.

▪ The Wisconsin Lemon Law covers commercial vehicles. In many states, large commercial trucks have no protection.

▪ There is no mileage limitation.

▪ There is no express statute of limitations for filing a lawsuit.

▪ The law requires arbitration boards that have been certified by the state to strictly apply the lemon law to their decisions.

▪ Titles of "lemon" vehicles are branded "manufacturer buyback vehicle" making them more easily identifiable.

A consumer whose vehicle meets the definition of a lemon, having a substantial defect or condition, four repair attempts for the same problem or 30 days out of service for a variety of problems, needs to first contact the manufacturer to request a refund or replacement. The manufacturer has 30 days to respond. If the manufacturer does not respond or offer a refund or replacement vehicle, the consumer has a private right of action to sue the manufacturer in court. A consumer who wins a Lemon law suit will be awarded double damages, plus other costs and attorney fees.

Wisconsin Lemon Aid is a web site dedicated to the trust of the consumer. This site serves as a information source for consumers that are experiencing difficulties in "Lemon Law" issues.

Wisconsin Lemon Aid offers Free Case Review and Evaluation as well as a free telephone consultation at 262-347-2005. In Lemon Law and Warranty cases, the manufacturer is required to pay the consumer's attorney fees if the consumer prevails.

Free Case Review and Evaluation