Arkansas Lemon Law Advice

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

Arkansas lemon law advice is fairly easy to come by, but sometimes what you really need to know are the facts. Here’s a thumbnail sketch of Arkansas defective automobile laws, lemon law warranty laws, and lemon buyback provisions of the law.

Basically, Arkansas lemon law covers new vehicles that are purchased or leased, including motor homes (but not the living quarters). If your vehicle is defective, the lemon law says that the dealer or manufacturer has three chances to fix it, plus one final attempt. However, if the defect is so serious that it could cause serious injury or death, Arkansas lemon law says that the vehicle can be considered a lemon after only two repair attempts. Alternately, if your vehicle has a number of unrelated defects, the manufacturer or dealer has five attempts to repair the problem, or your vehicle must be out of service because for a total of 30 days before being considered a lemon.

Arkansas Lemon Laws for Used Cars

Like many states, Arkansas doesn’t have a lemon law for used cars. Nevertheless, there are other laws on the books that can help if you’ve purchased a defective used car. For example, the federal Magnuson-Moss Warranty Act covers all purchases (from iPods to cars), and the Federal Trade Commission has what’s called a “Used Car Rule.” If the dealer doesn’t follow the Used Car Rule, you may have a case. Similarly, if the odometer’s been tampered with or if the dealer engaged in financing shenanigans, you may have a legal basis for getting some or all of your money back.

Selecting an Arkansas Lemon Law Attorney

When you select an Arkansas lemon law attorney, you’ll be assured that the letter of the law will be followed in order to establish that your vehicle is a lemon. For example, the law requires that the manufacturer be notified in writing after the third repair attempt, and the letter must be sent by certified mail with a return receipt requested. Then, the manufacturer has 10 calendar days to schedule a final repair attempt.

It’s important to get the timing right and to cover all the legal bases in order to get protection under Arkansas lemon law. The legal team at LemonJustice.com can help you maneuver through the system and may even be able to negotiate a settlement on your behalf. Moreover, they’ll go to the mat for you and take the manufacturer to court in order to get the justice you deserve.

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.

Jumping through the Hoops of Massachusetts Lemon Law

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

Lemon Laws Massachusetts

There are few things more disconcerting than buying a new car and coming to the dawning realization that it’s a lemon. The first trip to the repair shop is simply annoying, but the third trip to the dealer for the same problem is enough to make your blood boil. Yet, like most states, Massachusetts requires that you take your vehicle in for a number of repairs before it can be deemed a “lemon.”

MA lemon law rules say that you must take your vehicle in for a “reasonable number” of repair attempts before it can be defined as a lemon. This means that, within one year of taking delivery of the vehicle or 15,000 miles (whichever comes first), your vehicle has either been in the repair shop three times for the same problem, or has been out of service for a cumulative total of 15 business days for the same problem or a combination of problems. Even after jumping through those hoops, though, the car defect has to persist. In other words, you’ve taken it in for repair and it’s still broken.

Before you’re eligible for a lemon buyback, MA lemon law says that you have to give the manufacturer (not the dealer) yet another chance to fix the problem. Once you’ve sent notification to the manufacturer, they have seven days to correct the car defect. It’s only after this final-final repair attempt – and if the problem isn’t fixed – that you become eligible for a lemon buy back.

What’s a lemon buyback? Basically, Massachusetts lemon law says that you’re entitled to receive either a replacement vehicle or a refund. This doesn’t mean, however, that automakers are eager – or even willing – to provide you with the lemon buyback you deserve. Indeed, car manufacturers often count on the fact that most consumers don’t know their rights, or that people will be intimidated by the teams of lawyers that automakers employ to fight lemon law claims.

That’s precisely why it’s crucial to have an advocate by your side. When you have a lemon law attorney represent you, it sends a clear signal to the automaker that you mean business, and that you’re not going to go away. It’s equally important, however, to contact an attorney before the clock runs out. That’s because manufacturers try all kinds of delaying tactics in the hope that the lemon law eligibility period will expire. The legal team at LemonJustice.com is standing by, prepared to provide you with a free case evaluation and guide you through the final steps to ensuring a successful lemon law claim.

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.

Connecticut’s Lemon Law Arbitration Program Examined

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

Connecticut’s Lemon Law Arbitration Program

Unlike in many other states, Connecticut residents who have defective cars have the opportunity to enter into a state-run arbitration program rather than simply taking auto manufacturers to court. The problem is that, while on the surface arbitration programs look like a good deal for consumers, many people don’t realize how complicated the process is. Let’s take a look at what’s involved.

First, according to lemon law rules, you need to file a request for arbitration. Your application and filing fee may be accepted or rejected. If your application is accepted, it is next reviewed by an arbitration panel, which consists of an arbitrator and a technical expert. There, it may again be accepted or rejected.

For many people, even filling out the application form can be confusing. For example, you need to choose between what’s called a “documentary hearing” or an “oral hearing.” In a documentary hearing, both you and the auto manufacturer have to turn in sworn statements and other evidence and documentation. The arbitration panel will only consider this written material when deciding your case. This process becomes daunting when you realize that the car manufacturer has a team of legal eagles at its disposal to poke holes in your written argument. It’s a bit like a Sampson and Goliath situation.

The same is really true for an oral hearing. As the name implies, you get to make your case verbally before the arbitration panel. But that doesn’t mean that you’re off the hook for written documentation. Indeed, you have to bring all sorts of written material to an oral hearing, including warranties, correspondence, work orders, and so forth. You’ll need to communicate all the conversations you’ve had with the dealer or manufacturer, have a list of questions to ask the manufacturer’s representatives, and prepare a closing argument.

That’s why it makes sense to have a lemon law attorney by your side. Most consumers aren’t Perry Mason, and shouldn’t be expected to go toe-to-toe with a carmaker’s legal team. A good lemon lawyer, like those at LemonJustice.com, is experienced in litigation and can prepare a case that will pave the way for a lemon buyback. Plus, at attorney can give you sound lemon law advice so that you have a strong case when going into arbitration. Alternately, he can approach the automaker directly, and reach a settlement without ever having to enter state-run arbitration.