Lemon laws are made by United States state laws to help car consumers whose cars repeatedly fail to meet certain standards of quality and performance. The position of such cars is called lemons. The Magnuson-Moss Warranty Act or federal lemon law protects every one of all states and they vary by state. Lemon law may not cover used or leased cars. The Lemon law rights managed to consumers may go beyond the warranties expressed in purchase contracts. Lemon law is just a common nickname for these laws buy every state have their own different names for such laws and acts.
In Texas, anything mechanical is covered by lemon laws as well as the federal lemon laws. The federal lemon law provides that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.
Used car purchases:
If anyone purchased a used car then there are two situations where he is qualified for cash or other lemon law benefits:
Situation #1: One may be entitled to compensation for breach of warranty if he had one of the following Warranties:
a) Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
b) The vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
c) He purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).
Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.
Situation #2: When No Manufacturer's Warranty Exists. If he does not have a manufacturer's warranty of any kind he may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:
Laundered Lemon;
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.
Since Lemon Laws vary from state to state so accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.
"As is" purchases:
If a person knowingly purchase a car in "as is" condition then he accepts the defects and void his rights under the lemon law.
Other lemon laws:
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.
If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).
Ibrahim Machiwala is a successful writer and publisher of Automobile Law and legal issues, for more informative articles on Lemon Law.
Kamis, 26 Februari 2009
What Illinois Law Lemon is All About
If you live in Illinois and have recently bought a new vehicle and it is giving you sleepless nights because it seems to have a chronic disease that just will not go away even after repairs, then, you need to be thinking about Illinois law lemon. This is a law that help people like you get the value for your money. Lemons are common and they are defective vehicles that a car manufacturing company has sold to the public knowingly or unknowingly. For a car to qualify to be a lemon in Illinois, it must have under gone at least 4 repair rounds and still the problem persisted. It must have laid in the garage for 30 consecutive days without serving you. If your new car has these symptoms then you qualify to follow the Illinois law lemon.
The law covers new cars whether new or leased, light truck or vans under 8,000 pounds are also covered. It covers recreational vehicles and vehicles purchased in Illinois. Vehicles must have their warranties and therefore must not be more that a year old. The Illinois law lemon does not cover motorcycles, boats or altered and modified vehicles. The law does not also cover used vehicles. The law can be found under the Illinois lemon law statues chapter 815 section 380. You will read about definitions and get to see what the law is all about. You need to study your car manual carefully and read all about the third party dispute resolution program. The first thing after you have understood the program contact the manufacturer and present your case.
The program was started by motor vehicle manufacturers for this purpose. A complainant is advised to be very wary and the dispute board or the dispute resolution program can rule against the lemon car owner and at this point, you can file a civil suit against the manufacturing company. The Illinois attorney general advises you to hire a private lawyer who can present your case. The dispute board can also choose favor you and you get to win the case. You will therefore be compensated or the vehicle replaced. People who think they can make money out of these claims might be disappointed because the process may be tedious any you might use too many of your resources just to confirm that you are not a legitimate lemon owner.
There are documents that you need to store safely if you want the Illinois law lemon to work well in your favor. The warranty is very vital because it confirms that the vehicle did not make the time required for it to be considered totally fit. Repair orders will also prove that you attempted to repair the car. Remember to keep all the orders because you need to have repaired the car at least four times to qualify for a compensation. All other documents pertaining to the car must also be kept safely. Once you notice the car is a lemon, do not attempt to make severe changes or modifications because the manufacturer can argue that you ruined most of the original contents of the vehicle. You must also constantly follow the maintenance plan in your manual and do everything in your power to maintain the car.
The law covers new cars whether new or leased, light truck or vans under 8,000 pounds are also covered. It covers recreational vehicles and vehicles purchased in Illinois. Vehicles must have their warranties and therefore must not be more that a year old. The Illinois law lemon does not cover motorcycles, boats or altered and modified vehicles. The law does not also cover used vehicles. The law can be found under the Illinois lemon law statues chapter 815 section 380. You will read about definitions and get to see what the law is all about. You need to study your car manual carefully and read all about the third party dispute resolution program. The first thing after you have understood the program contact the manufacturer and present your case.
The program was started by motor vehicle manufacturers for this purpose. A complainant is advised to be very wary and the dispute board or the dispute resolution program can rule against the lemon car owner and at this point, you can file a civil suit against the manufacturing company. The Illinois attorney general advises you to hire a private lawyer who can present your case. The dispute board can also choose favor you and you get to win the case. You will therefore be compensated or the vehicle replaced. People who think they can make money out of these claims might be disappointed because the process may be tedious any you might use too many of your resources just to confirm that you are not a legitimate lemon owner.
There are documents that you need to store safely if you want the Illinois law lemon to work well in your favor. The warranty is very vital because it confirms that the vehicle did not make the time required for it to be considered totally fit. Repair orders will also prove that you attempted to repair the car. Remember to keep all the orders because you need to have repaired the car at least four times to qualify for a compensation. All other documents pertaining to the car must also be kept safely. Once you notice the car is a lemon, do not attempt to make severe changes or modifications because the manufacturer can argue that you ruined most of the original contents of the vehicle. You must also constantly follow the maintenance plan in your manual and do everything in your power to maintain the car.
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