Alaska Lemon Law Advice

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

To obtain Alaska lemon law advice, it’s best to go to the source. In this case, the State of Alaska Consumer Protection Unit provides a wealth of information about lemon law warranty, and outlines defective automobile laws. It does not, however, address out-and-out car dealer fraud.

Alaska law defines a “lemon” as one that has defects that cannot be repaired in a “reasonable” number of attempts. What’s considered “reasonable”? According to Alaska lemon law, it’s either one defect that the dealer or manufacturer has tried to fix three times, or a combination of defects that puts the vehicle out of service for a total of 30 or more business days. The law covers a vehicle during the term or the express warranty or one year of the original delivery date – whichever comes first. However, if you think you have a defective vehicle and want to pursue a lemon buyback, you must give the manufacturer written notice and allow the automaker one final attempt at fixing the problem.

Alaska Lemon Laws for Used Cars

Unfortunately, Alaska does not have a lemon law for used cars. However, the federal Magnuson-Moss Warranty Act covers any product, including a used car. Therefore, you can seek protection under that federal law if you think you have a used car lemon.

While Alaska doesn’t have a lemon law for used cars, it does have a lemon law for boats and ATVs. This new law, passed in 2009, covers boats, snow machines, and ATVs for problems that can’t be fixed within the first 12 months after you buy it. As with new vehicles, defective boats, snow machines, and ATVs are subject to three repair attempts, a final notification to the manufacturer, and a final repair attempt before being considered lemons.

Selecting an Alaska Lemon Law Attorney

When you select an Alaska lemon law attorney, he or she can help you navigate the waters of Alaska lemon law. For example, the law says that if the manufacturer has an informal dispute settlement procedure in place that’s been approved by the Attorney General, you must participate in that before going to court. However, if there isn’t an approved program in place, you can go directly to court.

It can be difficult to sort out the nuances of the law, which is why you need a lemon law attorney at your side. Automakers have teams of lawyers to fight lemon law claims – both in informal arbitration and in a court of law. You’ll only be on equal ground if you have a legal eagle with you. The attorneys at LemonJustice.com can help guide you through the process, and can often negotiate a favorable settlement for you without ever having to go to court.

Alabama Lemon Law Advice

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

To obtain Alabama lemon law advice, it’s best to go to the source. In this case, Alabama’s defective automobile laws can be found in The Code of Alabama 1975,Title 8, Chapter 20A. This law deals with lemon law warranty and lemon buyback, but doesn’t address car dealer fraud.

Basically, Alabama lemon law covers vehicles that weigh under 10,000 pounds, and which are purchased new. It does not cover motor homes. A vehicle is covered under Alabama lemon law for one year from the date of original delivery of the vehicle, or the first 12,000 miles on the odometer, whichever comes first. However, if you provide the manufacturer or dealer with notice of a defect within that time frame, Alabama lemon law says that the manufacturer has the obligation to repair the problem within 24 months of delivery or 24,000 miles.

If the defect can’t be fixed, the manufacturer is required to replace the vehicle or refund your purchase price, including any charges for undercoating, dealer prep and transportation, installed options, and extended warranties and service contracts. In addition, a lemon buyback should include a refund of sales tax, license and registration fees, and any finance charges incurred after you reported the problem to the dealer or manufacturer. However, a refund given for a lemon buyback can have a deduction for the mileage you’ve put on the vehicle, and is calculated according to a specific formula.

Alabama Lemon Laws for Used Cars

Unfortunately, Alabama does not have a lemon law for used cars. When you buy a vehicle as-is, Alabama law says that you’re stuck with it. However, you are still protected under federal law, namely the Magnuson-Moss Warranty Act. In other words, don’t despair. Instead, consult an Alabama lemon law attorney who can help you protect your rights under federal law.

Selecting an Alabama Lemon Law Attorney

When you select an Alabama lemon law attorney, he or she can help you get the compensation you deserve. An Alabama lemon law attorney can guide you through the procedures outlined in Alabama lemon law, such as taking the vehicle in for repair three times, notifying the manufacturer, and arranging for the manufacturer to have the opportunity for one last repair attempt, and so forth. Alternately, he can help you establish that your vehicle has been out of service for a cumulative total of 30 calendar days, which is an alternate way to establish that your vehicle is defective under Alabama lemon law. If you think you have a lemon, contact the legal team at LemonJustice.com right away. They can provide you with a free case evaluation and ensure that your lemon law protections are in place.

Massachusetts Lemon Law How to Define a Defect

Posted by Sergei Lemberg, Esq. on March 24th, 2010

Massachusetts Lemon Law

When you drive your new car off the lot, you have the right to expect that it will run like a charm. For many people, however, the new car dream turns into a nightmare when defects start popping up. The good news is that Massachusetts lemon law protects consumers against car defects, and gives people a way to ensure that the manufacturer stands by its vehicle.

Massachusetts lemon law rules
clearly define a lemon as a new vehicle with a defect that “substantially impairs the use, market value, or safety of the vehicle.” What does this mean? Essentially, it means that the problem has to be more serious than a paint chip or more annoying than a car alarm that goes off unexpectedly. To meet the “market value” criteria, for example, you have to prove that the problem makes the vehicle worth ten percent less than it would otherwise be worth.

The law isn’t clear on what constitutes substantial impairment of the use or safety of a vehicle. Clearly, problems like bad brakes or steering would meet the criteria, as would the sticky accelerators that have been the subject of so much news coverage recently.

Generally speaking, though, if the problem keeps you from driving the car, you may have a lemon and be eligible for a lemon buyback. MA car warranty law only kicks in, though, if the dealer can’t or won’t fix the problem. In other words, if you have a car defect that’s fixed once you take your vehicle in for repair, you don’t have a lemon. On the other hand, if you take your car in for repair time and time again, and the problem still doesn’t go away, you have grounds for a solid case against the manufacturer.

It’s difficult to know for certain whether or not you’re protected under Massachusetts lemon law. That’s why it’s important to consult with an attorney who specializes in lemon law. Lemon law lawyers are familiar with the nuances of MA lemon law, and can guide you every step of the way toward establishing that your vehicle is a lemon and getting the lemon buy back you deserve.

Best of all, engaging the services of a lemon law attorney should be free. This is because the law says that the automaker is responsible for paying your attorney fees should you prevail in a lawsuit. Most of the time, though, it doesn’t come to that. Usually, a good lemon law attorney will be able to negotiate a settlement on your behalf that will get rid of your lemon and compensate you for the hassles you’ve faced.

Used Cars Lemon Laws and New York

Posted by Sergei Lemberg, Esq. on February 19th, 2010

In today’s economy, more people than ever before are in the market for used cars. It can be a vulnerable feeling to buy a used car, because you always have a sneaking suspicion that you may just be buying someone else’s problem. Car dealers can be disingenuous at best, and sometimes a hard sell works – even if you have lingering doubts.

Once you get home with your new purchase, you may find that you’ve bought a lemon. Luckily, New York lemon laws are some of the most stringent in the country. While this isn’t the case in many states, in NY, used cars are covered by lemon law rules. In other words, even if you’ve made a lemon purchase, you do have an avenue of redress.

As we’ve said, New York’s defect automobile laws cover used cars, too. But it’s important to know how the law defines a used car lemon. NY law says that, in order to be considered a lemon, a used car must met every one of five criteria. First, you have to have purchased, leased, or had the vehicle transferred to you after there were 18,000 miles on the odometer or after two years from the original date of delivery. Second, you have to have purchased or leased the vehicle from a New York dealer. Third, you have to have paid at least $1,500 for the vehicle. Fourth, there had to have been 100,000 miles or less on the odometer when you bought or leased the car. Finally, the car has to be driven for personal use (as opposed to business purposes) over fifty percent of the time.

If you think that you’ve purchased a NY lemon, the first thing you should do is contact a lemon law attorney. The lawyers at LemonJustice.com specialize in New York lemon law, and can walk you through the process of establishing the status of your vehicle and work toward getting you a refund. Anytime you purchase a vehicle – whether new or used – you have the right to a ride that’s free of defects. Remember that the law is on your side, as are the attorneys at LemonJustice.com. When you stand up for your rights and demand justice, you not only get a refund, but you hold dealers accountable. Doing so means it’s less likely that other consumers will be taken for a ride.

New York Lemon Laws: How to Get Your Money Back

Posted by Sergei Lemberg, Esq. on February 11th, 2010

New York Lemon Laws: How to Get Your Money Back

If you’ve purchased a defective car, you may be covered under NY lemon laws for new cars. The car has to meet a number of criteria in order to be considered a lemon, but if it meets those requirements, you are entitled to what’s called a lemon buy back. This means that the manufacturer has to either refund your money or take back your defective car and provide you with a comparable make and model.

New York’s motor vehicle lemon law
says that, if you purchased your vehicle and opt for a refund, the refund you receive from the manufacturer should include the purchase price – both the cash you paid and any trade-in allowance you received. Moreover, you’re entitled to a refund of the registration and title fees. You can also receive a refund of state and local sales taxes, but in order to receive this part of the refund, you have to submit a form to the New York State Department of Taxation and Finance.

Many consumers who use New York’s car return law for a lemon buyback don’t realize that defective automobile laws stipulate that the manufacturer can deduct certain amounts from the money refunded. For example, if the vehicle has over 12,000 miles on the odometer, the manufacturer can deduct a certain amount from the refund. That amount is calculated by taking the number of miles over 12,000, multiplying that by the purchase price, and dividing the resulting number by 100,000. As an example, if you bought a $20,000 car and it had 15,000 miles on it at the time of the lemon buyback, the manufacturer will deduct $600 from the refund. In addition, the manufacturer can take a deduction if there’s damage to the vehicle that’s not caused by normal wear and tear.

In lemon buy back situations, some consumers opt not to get a refund, but instead to get a comparable vehicle from the manufacturer. Keep in mind that this doesn’t mean that you’ll receive a brand new car. Rather, it means that the manufacturer can provide you with the same make, model, and year, providing the mileage on the vehicle you receive is about the same as the mileage on the lemon buyback.

If your vehicle has a car defect, your best bet for getting your money back is to engage the services of an attorney specializing in lemon law. The attorneys at lemonjustice.com have a wealth of experience in fighting the legal teams hired by auto manufacturers. Their services shouldn’t cost you a dime, since the manufacturers are required to pay for your attorney’s fees.