Archive for May 25th, 2008

May 25 2008

Lemon law lawyer could help thwart dealer excuses

Published by admin under General Articles

Lemon laws were introduced to simplify the process of a consumer getting relief after he or she buys a habitually defective vehicle from an auto manufacturer. Prior to the passage of such laws, consumers were essentially at the mercy of the manufacturers, who simply do not want to refund money or offer replacement vehicles for those that are defective.
The lemon laws in all 50 states make it clear that the consumer has the right to request a refund or a replacement vehicle should their auto qualify as defective under their state’s lemon law statute. And yet, time and again, manufacturers and dealers offer excuses and explanations as to why they cannot or will not offer relief.
Here are some of the most common reasons offered to consumers as to why a refund or replacement cannot be offered:
• The defect is not significant - The defect need only “substantially affect” the value, use or safety of the vehicle. It need not be a “significant’ defect; even something small can affect one of those three things. Whether or not a defect affects safety, value or use isn’t really a dealer call, anyway. These things are best determined by either arbitration boards or judges. 
• Abuse or neglect - As far as we know, all 50 states have clauses in their lemon laws that void the law if the vehicle has been subject to abuse, neglect or unauthorized modification by the owner. Again, that shouldn’t really be a judgment call by the dealer, although abuse and neglect are pretty easy to prove. Still, this accusation probably works a good portion of the time. Don’t fall for it. If you haven’t abused or neglected the vehicle, you have a valid claim.
• Incorrect number of repair attempts - The laws on the number of repair attempts or the number of days out of service that are necessary to qualify as a lemon vary widely from state to state. Some states require as little as two weeks. Check your states regulations carefully; you will know if you qualify. And be sure to document all repair attempts, as it may be necessary to prove that you met the requirement should you have to go through arbitration or a lawsuit.
• Claiming that a defect isn’t a defect - This one’s sneaky. The dealer simply claims that the problem is common to all units of that particular make and model. If they’re all like that, it can’t be a defect, can it? Yes, it can. If the brakes don’t work, the vehicle is defective even if the brakes don’t work on every single one the manufacturer made.
These excuses are common and are just one more reason why it may be in your best interests to hire an experienced lemon law lawyer to help you with your case. While it isn’t absolutely necessary, having an attorney could speed up the process dramatically. Why waste more time on your defective car than you have to?

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

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May 25 2008

Avoiding lemon law issues can be done with research and patience

Published by admin under General Articles

Next to a house, an automobile is usually the most expensive item we’ll purchase in our lifetimes. Given the amount of money spent on cars today, buyers should be careful when making a purchase. But buyers often make their purchases impulsively, based on color or looks or some commercial they saw during a football game. Every state does have a lemon law that will protect buyers should the car turn out to be defective, but these problems can often be avoided if buyers are careful. Here are a few tips that may help you to avoid problem vehicles in the future.
• Don’t buy impulsively. Do some research before you buy. Consumer Reports issues an annual issue on cars every spring that evaluates most models for safety and reliability. They also offer estimates as to how well a car will hold up over time and evaluations of used models, too. Spending a few dollars on that magazine may help you avoid buying a car that’s prone to mechanical problems.
• Ask around. What are your friends driving? Are they happy with it? If the car they drive suits your needs and meets your price requirements, you may have found the right make and model for yourself. Nothing beats first-person experience. Your friends know their cars well and will be all too happy to tell you the good and bad points of the cars they drive.
• How much does it cost? There has always been a huge mystery surrounding auto pricing, but in recent years, those mysteries have begun to unfold a bit. Consumer Reports offers a vehicle pricing service that can help you determine the dealer cost of the car you want to buy. Knowing that figure may help you obtain a better deal. Firms such as Costco and the insurance company USAA also offer vehicle buyisng programs that may help you get a good price and avoid paying too much for a new car.
• Test drive your car before you agree to buy it. Every car is different, and if you’re going to spend a lot of money on a car, make sure it works correctly before you agree to buy it. If there’s a knob on the dash, try it and see if it does what it’s supposed to do. There’s nothing more annoying than buying a new car and finding out there’s something wrong with it.
While some mechanical problems with new cars are unavoidable, some can be avoided by simply taking the time to make sure the car you are buying has a reputation for reliability. By taking some time to research your purchase and examining the exact vehicle you want to buy, you can avoid a great deal of financial headache in the future.

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[ To Learn more our services and areas of practice, please visit our website at www.LemonLawIntel.com ]

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