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.

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.

Lemon Law Rules: Connecticut’s Arbitration Program

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

Connecticut’s Arbitration Program

According to many states’  lemon laws, having a defective car means taking an automobile manufacturer to court. But in CT, lemon law rules provide for what’s known as an arbitration program. Administered by the Department of Consumer Protection, the arbitration program decides whether or not your vehicle meets the criteria of Connecticut lemon laws, and whether you’re eligible for arbitration. Ultimately, the arbitration program decides whether or not you’re eligible for a lemon buyback.

In order to take advantage of the state’s arbitration program, you need to file an application and documents, as well as pay a fee. First, the Department of Consumer Protection will review your application and determine whether or not you’re eligible for arbitration. If so, your application goes on to an arbitrator and an automotive technical expert. These two people will also review your application, and can determine that you’re ineligible for arbitration – even if the Department of Consumer Protection said that you are.

While Connecticut lemon law supposedly designed the lemon law arbitration process so that consumers don’t have to hire an attorney, the reality is that it’s a very complex and intimidating process. It doesn’t help that auto manufacturers show up for arbitration with or submit documents from teams of attorneys who do nothing but fight lemon law claims. One slip-up by the consumer – either in terms of the paperwork filed or in not countering the arguments of the manufacturer’s legal team, and the idea of justice is out the window.

Whether you live in Connecticut –  or any other state with an arbitration program – it’s important to have an attorney by your side. The right lawyer can give you lemon law advice, and can often get you a settlement or a lemon buy back without ever going through the arbitration process. Often, an auto manufacturer will back down because having a lemon law lawyer sends the message that you’re serious about your claim, and that you’re not willing to put up with a defective car.

If you think you have a lemon vehicle, it’s important to contact an attorney early. In lemon law cases, timing is everything. A lemon law lawyer will consult with you and guide you through the process of substantiating your claim, collecting the proper documentation, and bringing the auto manufacturer to justice. 

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.