Massachusetts Lemon Law Used Car Lemons

Posted by Sergei Lemberg, Esq. on March 28th, 2010

Massachusetts Used Car Lemons

Everyone feels hesitation about buying a used car. It’s inevitable to feel like you’re buying someone else’s problems. But the reality is that, in today’s economy, few people can afford to buy a new vehicle. Thankfully, if you live in Massachusetts, there are two laws that protect consumers who find themselves with a used car lemon.

The first law is called the Lemon Aid Law, which covers cars that have been purchased in the previous 14 days. This lets you cancel your sales contract if two conditions apply: The car doesn’t pass inspection and the repair cost of safety-related defects would cost more than 10 percent of what you paid for the vehicle. Both cars and motorcycles are covered under the Lemon Aid Law, and it applies whether you buy the vehicle from a dealer or an individual.

If you take advantage of the Lemon Aid Law, there are a number of steps you need to take before the window of opportunity closes. It starts with getting a statement from a licensed inspection station, and includes getting a written estimate of repair costs, notifying the seller, and returning the car to the seller. You are also entitled to receive refunds for the sales tax, title, and registration fees, but you must file for those separately.

The second law is called the Used Vehicle Warranty Law. This also covers vehicles sold by either a dealer or an individual. In order to qualify, you must have paid $700 for the vehicle and it must have had fewer than 125,000 miles on the odometer when you purchased it. While new cars, vans, and trucks are covered by this used car lemon law, motorcycles, business vehicles, and leased vehicles are not covered.

The length of time that this used car lemon law applies depends upon how many miles there were on the odometer when you purchased it. For example, if there were fewer than 40,000 miles, the warranty period is 90 days or 3,750 miles – whichever comes first. If there were 40,000 to 79,999 miles on the odometer, you’re covered for 60 days or 2,500 miles. If there were 80,000 to 124,999 miles, you’re covered for 30 days or 1,250 miles.

If you think you have a used car lemon on your hands, it’s worth your while to contact a lawyer who specializes in MA lemon law. The windows of opportunity are incredibly short, and dealers are notorious for trying to stall consumers in the hope that the clock will run out and that you won’t have a legal leg to stand on. The legal team at LemonJustice.com can help you navigate the waters of used car lemon law, so it’s worth giving them a call.

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.

Lemon Vehicle Consequences: How a Pennsylvania Auto Accident Lawyer Can Help

Posted by Sergei Lemberg, Esq. on March 8th, 2010

Thanks to our friends at Anapol Schwartz for providing this timely information.

With the recent spate of auto product recalls due to defective vehicle parts, many consumers are exploring the potential benefits of filing lemon law claims in order to receive a full refund or vehicle replacement. Although these claims are indeed helpful, they unfortunately cannot turn back time when an individual or group suffers injury or even death from a defective vehicle or unsafe auto part. No one can. However, a Pennsylvania auto accident lawyer may be able to help injury victims or surviving family members of auto accident victims obtain financial restitution from negligent auto manufacturers responsible for a defective or unsafe vehicle’s effects.

Ever since the National Traffic and Motor Vehicle Safety Act was enacted in 1966 (it is now coded as 49 U.S.C. Chapter 301) by the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), over 390 million cars, buses, trucks, motorcycles, mopeds, recreational vehicles, and 46 million tires, 42 million child safety seats, and 66 million pieces of motor vehicle equipment have been recalled in order to fix safety defects. One can only imagine just how many incidents of serious injury and wrongful death have been caused by auto parts that were recalled far too late.

The aftermath of an auto accident may be an overwhelming experience for those involved or injured. In determining an auto accident’s cause, auto defects or unsafe auto parts may be fully responsible, thus placing auto manufacturers in a position of legal accountability. If you believe that a safety defect or dangerous auto part contributed to your auto accident injuries, or the loss of a loved one, then claims may be filed against auto manufacturers to assist with financial hardships as well as pain and suffering brought on by the accident or wrongful death. To learn more about your legal options and rights, please contact the skilled Pennsylvania auto accident lawyers at Anapol Schwartz for a free consultation. Call 866-735-2792 or visit www.pa-auto-accidents.com for more information.

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.