Financial Reform Bill Caves to Auto Dealers

Posted by Sergei Lemberg, Esq. on June 25th, 2010

The committee in charge of hammering out differences in the financial reform bill completed their task this morning, sending the massive bill to the House of Representatives and the Senate for full votes. The final bill contains a hard-won provision for the Bureau of Consumer Financial Protection, which will be overseen by the Federal Reserve. The good news is that it will close some of the loopholes that allowed the events leading up to the nation’s 2008 near financial collapse to unfold. The bad news is that lobbyists for auto dealers ultimately prevailed, creating a loophole that excludes auto dealers from oversight by the new agency.

Arizona Lemon Law Advice

Posted by Sergei Lemberg, Esq. on April 7th, 2010

The best Arizona lemon law advice is to consult with a lemon law attorney if you think you have a lemon. All lemon laws are nuanced, and you can unwittingly undermine your lemon law case if you don’t have a full grasp of the law.

Arizona defective automobile laws address the lemon law warranty period and lemon buybacks, but don’t deal with the more general issue of car dealer fraud. According to Arizona lemon law, new vehicles are covered by the lemon law for either the term of the manufacturer’s warranty, for two years from the original delivery date of the vehicle, or for the first 24,000 miles – whichever comes first.

Arizona lemon law requires that you take your defective vehicle in for repair four times, or that the vehicle is out of service for a cumulative total of 30 calendar days, before it can be declared a lemon. If you do have a lemon, though, the manufacturer must offer a lemon buyback or a replacement vehicle.

Arizona Lemon Laws for Used Cars

Many states don’t have one, but Arizona has a lemon law for used cars. The Arizona lemon law for used cars is very narrow, though, and only covers a vehicle for 15 days or 500 miles after purchase – whichever comes first. In addition, it only covers major components that break down, and requires you to pay $25 for the first two repairs.

Selecting an Arizona Lemon Law Attorney

When you select an Arizona lemon law attorney, you’ll have the peace of mind that comes from knowing that someone is on your side. Automakers are notorious for trying to run out the clock on lemon law claims, hoping that their stalling tactics will ultimately keep them from having to offer a lemon buyback or replacement vehicle.

With an Arizona lemon law attorney, you’ll be on equal footing with the car manufacturer, and you’ll have a much better chance of negotiating a settlement or winning your court case against the automaker. The legal team at LemonJustice.com can provide you with a free case evaluation and guide you through the final steps necessary to establish a valid Arizona lemon law claim.

The Finer Points of New York Used Car Laws

Posted by Sergei Lemberg, Esq. on February 22nd, 2010

When it comes to used car laws, New York lemon laws are among the best in the nation. When you purchase a used car in NY, you not only get a car bill of sale, but you also get what’s known as a lemon law warranty. This warranty can give you the peace of mind you need when you purchase a previously owned vehicle.

While NY lemon laws are fairly straightforward, there are some finer points that consumers sometimes miss. Here are three you should be aware of:

1. Private sales aren’t covered. If you purchase your used vehicle from another individual, your car won’t necessarily be covered by New York lemon law. Only those vehicles purchased from a dealer are included in lemon law coverage. However, the law defines “dealer” fairly broadly, as someone (a person or business) who sells or leases a vehicle after selling or leasing three used cars in the previous 12 months. Cars purchased at retail auto auctions are also covered by NY lemon laws. However, there are certain companies that are excluded from the definition of a dealer, including banks, regulated public utilities, state and local government agencies, and a business that sells a company car to an employee.

2. If you buy from a dealer, you’re covered. If a used car dealer meets the definition of a dealer under New York lemon law, you have the protections of a used car warranty – whether or not the dealer actually gives you the warranty. The law says that you’re covered, and that you can’t waive your rights under New York used car laws. So, if you unknowingly signed a contract containing a clause saying you waive your rights, that clause is null and void.

3. The value of your trade-in may be adjusted. In the case of a lemon buyback, NY lemon laws say that the dealer doesn’t necessarily have to refund the amount listed in your sales contract for your trade-in. Instead, he may use the wholesale value of your vehicle, as determined by the NADA Used Car Guide. If he still has your old vehicle on the lot, he also has the right to return your trade-in in lieu of refunding the money you received from your trade-in. However, you’re still entitled to a refund of the money you paid for the car you purchased.

Although New York offers consumers considerable protection under its lemon law, most people aren’t prepared to go toe-to-toe with dealers when they find they’ve purchased a used car lemon. That’s why you need an attorney by your side who specializes in fighting car dealers and auto manufacturers. If you think you have a used car lemon on your hands, contact LemonJustice.com today. Our attorneys are standing by, ready to help you get the justice you deserve.

Car Warranty Law and New York Lemon Laws

Posted by Sergei Lemberg, Esq. on February 22nd, 2010

A surprising number of consumers don’t realize that New York has a robust lemon law for used cars. Indeed, if you find you’ve purchased a defective car, you may be eligible to receive a full refund of the purchase price. In large part, this is because New York lemon laws include a car warranty law, sometimes referred to the “lemon law warranty.” Here’s the lowdown on NY lemon laws as they apply to the used car warranty.

The used car warranty outlines that the dealer or his agent will repair any covered problem within the warranty period, and that he won’t charge you for it. The length of the warranty period varies according to the number of miles on the odometer at the time you buy or lease the vehicle. So, if the odometer has a reading of 18,001 to 36,000 miles, the warranty is in effect for 90 days or 4,000 miles. If the odometer has a reading of 36,001 to 79,999, the warranty is in effect for 60 days or 3,000 miles. If the odometer has a reading of 80,000 to 100,000 miles, the warranty is in effect for 30 days or 1,000 miles.

When it comes to the length of the warranty, it’s important to note that the law states that the warranty is extended by one day for every day your car is in the shop for repair. So, for example, if your car is unavailable for three days because it’s being repaired, your 90-day warranty extends to 93 days.

Buying a used car means that you’ll get a warranty, but in some cases the dealer can limit what’s covered. The car warranty law associated with NY lemon laws says that certain parts must be included. So, for example, the engine, transmission, drive axle, brakes, and steering are included, as well as the radiator, alternator, generator, starter, and the ignition system. Other items, such as the battery, are not included.

When it comes to limiting warranty coverage, NY lemon laws say that the dealer can exclude coverage for a variety of reasons. For example, the warranty won’t apply if you don’t perform routine maintenance on the vehicle. That’s why it’s important to not only get the work done, but to also keep thorough records documenting when the work was done and who performed the work. In addition, problems that result from getting in a wreck, theft, or even getting caught in a snowstorm aren’t covered. Neither are things like tune-ups and oil changes.

To determine whether or not your vehicle is covered under warranty law, and whether or not you have a lemon, it’s important to seek professional lemon law advice. The attorneys at LemonJustice.com are standing by to help you navigate the waters of auto defects, and to hold a dealer’s feet to the fire if he sold you a used car lemon.

Five Essentials About New York Used Car Lemon Laws

Posted by Sergei Lemberg, Esq. on February 22nd, 2010

There are few worse feelings than buying a used car and coming to the dawning realization that you’ve purchased a lemon. Thankfully, if you live in New York, NY lemon laws offer you some protection. Lemon law rules vary significantly from state to state, but New York boasts some of the strongest lemon law protections in the nation. So, if you have a defective car and you purchased it used, there’s a good chance that you may be eligible for a lemon buyback. Lest you count your proverbial chickens before they hatch, though, here are five things you need to know about used car laws in New York.

1. In order to be considered a lemon under the law, a used car must meet five criteria: it must be purchased from a NY dealer; you have to pay at least $1,500 for it; it has to be driven primarily for personal use; it had to have 18,000 miles on the odometer when you bought it OR two years had passed since the original date of delivery; and it had to have 100,000 or fewer miles on the odometer when you bought it.

2. You must receive a lemon law warranty when you buy the vehicle. According to NY lemon laws, the dealer has to give you a warranty when you purchase the vehicle. Essentially, it’s a guarantee that the dealer will fix any problem that’s covered by the warranty, and that the dealer won’t charge you for it.

3. You’re required to notify the dealer of a defect. The law says that, if you have a defective car, you must notify the dealer within the warranty period.

4. The dealer has the right to repair the problem. Once you’ve notified the dealer of the defect, the law gives him the opportunity to fix the problem. NY lemon law says that the dealer can try to fix the problem three times. If the problem persists after the third repair attempt, your vehicle meets the definition of a lemon. Alternately, if your car was out of service for 15 or more days for one or more problems, the vehicle also meets the definition of a lemon.

5. A lemon buyback means a full refund. Unlike NY lemon laws for new cars, a used car lemon is eligible for refund of the full purchase price, without a deduction for mileage.

Remember that, just because your vehicle may meet the definition of a used car lemon, it doesn’t mean that it will be easy to get the dealer to do a lemon buy back. That’s why you need an advocate by your side who has experience in fighting for consumers. The attorneys at LemonJustice.com are experts in NY lemon laws, and have gone toe to toe with dealers to get their clients justice.