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Tips on February 3rd, 2012
Before the government enacted lemon laws covering automobiles, the average buyer had little to no recourse if they were to buy a car that was later found to have repeated problems due to defects in the manufacturing process. At this point in time the only thing the buyer could do was to take their car into a repair shop and pay to have the problem fixed.
In some cases this could prove to be a costly inconvenience, while in others it proved to be deadly as needed repairs were not made. This lack of concern on behalf of the various car manufacturers led to a significant depreciation in the value of many cars. This led to the development of the first of California’s lemon laws in 1970, known as the Song-Beverly Consumer Warranty Act and the beginning of Californians being the best protected consumers in the country.
The basis of this law stated that if a car is sold by the dealer and suffered from a problem that could not be repaired after a reasonable number of attempts by the dealer or the manufacturer; the manufacturer must either provide a refund or replacement.
The only problem with this initial law is that no one established a numerical value for the term “reasonable number of attempts and this led to major problems that ended up in court.
This law was expanded in 1983 to cover leased and used cars that were still under the original manufacturer’s warranty and guidelines were established covering what was to be considered a reasonable number of attempts to repair a particular problem. This figure was to be based on the nature of the problem rather than a set number.
In 1991 the California legislature passed a law requiring manufacturers to brand the titles of any cars reacquired under the lemon law and submit them to the DMV.
If any lemon is to be sold all repairs must be made and the buyer informed of the fact that the car has been branded as a lemon. In 2000 another amendment covering defects that could cause serious injury or death, reduced the number of repair attempts from four to two as a way to further clarify the phrase “reasonable attempts”.
Today, California has the toughest consumer protection and lemon laws in the country. Consumers have the right to buy vehicles and goods that are going to provide the level of service that you would expect. When you do not get this, there is legal recourse designed to help ensure that the problem is rectified or you may be entitled to a refund or replacement.
The question is, “What do you do if you think you have purchased a lemon?” You need to know if you are entitled to a refund or replacement. There is only one way you are going to get answers to these questions and any more that you might have and that is to seek legal counsel.
While the California Lemon Law is undoubtedly the best in the country, it can also be among the most confusing. If you try to decipher it for yourself, you are likely to end up not getting what you are entitled to under the laws. Trying to take your fight against the big corporate giants such as Ford, GM or Toyota by yourself is likely to unsuccessfully, no matter how valid your case may or may not be.
If you want the best chance to achieve a successful outcome in your case, you are going to need the services of an attorney that specializes in cases involving the California Lemon Law. An attorney with experience practicing this particular area of law and is crucial. Norman Taylor has been handling Lemon Law cases for 24 years and to date has recovered over 0,000,000 in refunds for his clients. If you feel you have been stuck with a lemon, make an appointment with his offices today.
Tags: Attempts, Automobiles, California, California Legislature, California Lemon Law, Californians, Car Depreciation, Car Manufacturers, Consumer Warranty, Consumers, Dmv, Getting, Inconvenience, know, Lemon, Lemon Laws, Manufacturing Process, Many Cars, Nature, Numerical Value, Point In Time, Recourse, Warranty, Warranty Act
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Tips on December 9th, 2011
Lemon laws in California are covered by the Song-Beverly Consumer Warranty Act; these laws were drafted with the intention to protect the rights of consumers who buy defective motor vehicles and stand the risk of losing money through the use of a faulty product.
The Song-Beverly Act expressly states that if manufacturer or business that have been contracted by the manufacturer and act on his behalf cannot repair the issue in a reasonable number of attempts; the manufacturer is obligated by law to either repair the vehicle ensuring that the defect does not arise again, replace the vehicle or return the consumers purchase price.
It is entirely at your discretion, as a consumer, whether to take the compensation or a replacement. The monetary compensation or refund not includes the base price of the vehicle but also any manufacturer installed components as well.
Apart from this, the manufacturer is also responsible for reimbursing the consumer for any additional expenditures that he may have incurred when purchasing the vehicle such as sales tax, official fees, registration amount, repairs, towing charges, finance charges and any other cost that were incurred because of the faultiness of the vehicle.
The law is applicable for the entire duration of the warranty period; this means that if you have a four years warranty and the vehicle malfunctions after three and a half years, you would still be eligible or a refund or replacement. However, in this case the manufacturer may charge you for the use of the vehicle and deduct the amount the purchase price to be refunded. On the other hand, the manufacturer may even consider offering you a replacement. However, the law only applies if the manufacturer or its representatives have tried a reasonable number of times to rectify the fault but have not been successful at doing so.
People often wonder about the definition of reasonable attempts and what number of repair attempts would be considered reasonable. The lemon laws in California explicitly mention that in case of serious problem that has the potential to cause harm or even prove life threatening to the driver of the automobile, two or more unsuccessful attempts to repair the vehicle would be considered adequate. However, of the problem is nearly not as serious, the law gives the manufacturer four or more attempt to rectify the problem.
Also, in case of a serious structural or mechanical problem, if the manufacturer has had four or more chances to repair the vehicle and f the consumer has notified the manufacturer about the issue at least once; this would be grounds enough to claim a refund or replacement. Another clause is the number of days for which the vehicle has been inoperable die to the defect. If the vehicle could not be operated for thirty or more days due to the problem arising due to the defect since it was purchased; this again would present substantial grounds for a refund or replacement claim.
However, as a consumer, you also need to understand that the court is going to allow the manufacturer to appear in court with due legal representation as well. Also these laws are guidelines and not hard core statutes that the court has to abide by. The manufacturer’s attorney will be given the opportunity to negate your claim and discredit your case; so, it is essential to have all your facts right. Also, you will need to enlist the help of an attorney who has ample of experience in dealing with cases concerning Lemon laws in California. There are several loopholes and finer points to dispute, so these cases are often very complex.
You also need to understand that claims will not be entertained if the vehicle has malfunctioned due to rough usage or the consumers fault. It is also essential to consider a legal recourse as soon as the problem is apparent. The sooner you approach the court, the more opportunity you will have to discredit the manufacturer’s claim and prove that you have indeed been wronged.
Tags: Base Price, Beverly Act, California, Consumer Warranty, Consumers, Defective Motor Vehicles, Discretion, Duration, Expenditures, Faulty Product, Finance Charges, Half Years, Intention, Laws, Lemon, Lemon Laws, Monetary Compensation, Repair Attempts, Risk, Sales Tax, Warranty, Warranty Act, Warranty Period
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Tips on November 24th, 2011
Since the first lemon law was passed in 1982, all fifty states have enacted some form of consumer protection for owners of defective automobiles. The laws vary greatly from state to state, but the premise is the same – people who buy new, defective vehicles are entitled to receive a replacement or a refund. This works well on paper, but in practice, the process can be rather time consuming and complicated. Some states have rather straightforward requirements for which vehicles qualify; others are far more complicated. Some states allow the owner to sue the manufacturer directly; others require that the owner submit to manufacturer or state sponsored arbitration procedures first.
Since lemon law claims are complicated and are not the sort of thing that most consumers handle more than once, there is some advantage to hiring an attorney to help. In many cases, hiring a lawyer isn’t necessary, as the system was designed to let the consumer handle the case without legal assistance. But there are many unexpected circumstances that can turn up in these cases, and most people could benefit from the help of an experienced attorney.
Here are some examples of how an attorney can help:
Speed up the process – Manufacturers are notorious for finding excuses not to pay on a claim. They may be more likely to be cooperative if the consumer has hired legal representation, especially if you have hired one with a proven record of success in lemon law cases.
Arbitration help – Arbitration programs tend to favor the manufacturer. They fund the programs, and many arbitrators are on their payroll, given them ample reason to rule against the consumer. While most states do not regard arbitration decisions as binding, many consumers who handle the cases themselves give up after losing an arbitration decision. The presence of an attorney can help.
Advice in a poor case – Some states require the consumer to pay the manufacturer’s legal costs in the event that the consumer should lose his or her case. These costs can run into the tens of thousands of dollars. If your case is a weak one, an experienced lawyer could save you this money by letting you know ahead of time that you shouldn’t pursue it in court.
In most states, consumers who win their cases are entitled to compensation for attorney’s fees. That being the case, there is a strong argument for at least discussing your defective automobile with a lawyer before you seek a refund or replacement for your defective vehicle.
Tags: Ample Reason, Arbitration Decision, Arbitration Decisions, Arbitration Procedures, Arbitration Programs, Arbitrators, Automobiles, Consumer Protection, Consumers, Defective Vehicles, Fifty States, Lawyer, Lawyers, Legal Assistance, Legal Representation, Lemon, Lemon Law Cases, Lemon Law Claims, Lemon Law Lawyers, Payroll, Premise, Unexpected Circumstances
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Tips on October 3rd, 2011
If you have recently purchased a vehicle, and are now finding it has mechanical problems, you may have purchased what is known as a lemon. This is in simple terms a car that is not up to standards set forth by the government. There are certain laws that protect the consumer from purchasing these types of cars. It is suggested anyone thinking of purchasing a new vehicle should read up on the lemon laws for their state as well as federal guidelines. There are many places to get information on these laws. The Magnuson-Moss Warranty Act is a law that governs consumer products with warranties. The Uniform Commercial Code is another law that is good reference material to read about. The internet has a vast amount of knowledge on these laws also. Every state has their own laws also; most of these laws define exactly what is covered under them also. These laws will determine what an appropriate amount of times is for a dealer or manufacturer to try and correct the problem before action can be taken against them.
Again, state by state laws vary, so do the research. A lot of the information available online will describe the state laws in depth. In many states, even if a vehicle is not covered under a law, then it may still be covered under the federal guidelines. In these instances the vehicle is still subject to the laws.
Online discussions are a good place to find information from other consumers who may have had the same problems. Although these consumers may reside in another state, so the laws there may be different than the laws in your state. In any situation a qualified lawyer should be consulted about your unique situation, even if the consumer giving you the information has described your situation as the same as theirs.
Qualified lawyers can tell you the laws pertaining to your situation.
Lemonlaw.com keeps record of the different laws from each state, and is a good place for information. It has information for the consumer as well as lawyers. The American Association of Motor Vehicle Administrators offers help for a consumer filing a suit, and can give information on each states department of motor vehicles websites. The National Highway Traffic Safety Information will give information regarding recalls and current safety standards.
Remember if you are thinking of filing a suit under a lemon law against a manufacturer or dealer, record keeping is a must. Proper record keeping and documentation is what it will take to win a case of this nature. Manufacturers and dealers are mostly financially sound and can hire the lawyers that can win cases like this for them, without proper documentation and record keeping a consumer will inevitably fail.
Tags: Cars, Consumers, Finding, Finding Information, Information, Instances, Knowledge, Laws, Lawyer, Lawyers, Lemon, Lemon Cars, Lemon Law, Lemon Laws, Lot, Magnuson Moss Warranty Act, Mechanical Problems, Reference Material, State Laws, Types Of Cars, Uniform Commercial Code, Warranties, Warranty
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Tips on August 18th, 2011
Article by GPS City Garmin Canada
As the popularity and uses of satellite-positioning technology of GPS devices continues to explode, people have developed a dependence on the Global Positioning System. Millions of consumers, businesses and the military all rely on GPS on a daily basis. A problem has arisen as to what can be done to stop deliberate and dangerous jamming of the satellite signals.
GPS jamming happens when GPS frequencies are disrupted and signals are blocked making them unreadable. Since GPS signals are already vulnerable because of their distance from the satellites, it is easy to cause an interference, especially on a small car or handheld GPS. The jammers can be switched on and off easily, forcing devices to recalibrate each time.
For years specialists have been warning that our growing dependency on these devices creates a potential vulnerability. In 2001 an industry report named GPS devices as a tempting target for exploitation by
Tags: Consumers, Daily Basis, Dangerous, Dependence, Global Positioning System, Gps Canada, Gps City, Gps Devices, Gps Garmin, Gps Jamming, Gps Signals, Grows, Handheld Gps, Illegal, Illegal Sales, Interference, Jammers, Jamming, Popularity, Sales, Satellite Positioning, Satellites, Small Car, Tempting Target, Vulnerability
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