Lemon Law Blog

Archive for November, 2010

Despite Nissan’s reputation for offering more reliable mechanics than most American cars, it has issued its fair share of auto recalls in the new millennium. From faulty fuel gauges to faulty air conditioners, Nissan Armadas have given consumers plenty to complain about leading up to Nissan Armada recalls that offer free repairs. However, just because your Armada is subject to a recall doesn’t mean that having it repaired under a Nissan Armada recall in your only option, especially if you tried to have the defect repaired prior to the recall and the attempts were unsuccessful. You may also qualify to pursue a lemon law case under the lemon law, which protects consumers against owning defective products, including vehicles.

There are two forms of lemon law: state lemon law, which requires a vehicle to experience an defect that cannot be repaired within a certain number of attempts (usually about 3) within a certain range of miles or months (usually less than 18,000 miles and 18 months) after its original delivery date, and the federal lemon law, which covers all vehicles that are still under the manufacturer’s original warranty and experience a defect that cannot be repaired within a reasonable number of attempts. Lemon cases can be pursued on one’s own or through lemon law attorneys, with the latter scenario consistently resulting in the best results.

Just as the state and federal lemon law differ in their lemon criteria, they also differ in the type of compensation that they offer consumers. Under state lemon law, consumers can receive either a free replacement vehicle or a refund of their vehicle’s purchase price minus a mileage based allowance. Under federal lemon law, on the other hand, consumers are entitled to a cash award which lets them keep the vehicle or trade it in or have it repaired by an independent garage. Most state lemon laws and the federal lemon law entitle consumers to recover attorney fees.

A car can be recalled at any time during its lifespan. But new car recalls are the most prominent, as a majority of defects are uncovered while vehicles are still under warranty. However, unlike recalls that occur well into a car’s lifespan, new car recalls tend to be less acted upon for various reasons, but particularly because consumers believe that new cars shouldn’t have problems. However, there are also cases where consumers have their car repaired multiple times for a defect that is eventually addressed by a recall, in which case they can receive compensation for their vehicle under state or federal lemon laws.

Lemon laws are designed to protect consumers from owning chronically defective products, and are commonly used to address chronic defects in automobiles. State lemon laws vary by state, but most states require that a car not have more than a certain number of miles (usually no more than 18,000) and undergo a certain number of unsuccessful repairs (usually 2-4) to qualify as a lemon. However, the federal lemon law covers all non-commercial vehicles that are still under warranty when they have undergone a reasonable number of unsuccessful repair attempts (usually 2-4) for the same defect.

Regardless of whether a vehicle’s persistent defect is addressed by a recall, consulting with lemon law lawyers about your rights under the lemon law is a wise option. Instead of simply having your car repaired by an automaker, you may be able to receive compensation under state lemon law, which entitles lemon owners to either a free replacement vehicle or a refund of the vehicle’s purchase minus a mileage based allowance, or receive compensation under federal lemon law, which entitles lemon owners to a cash award and lets them keep the vehicle or trade it in or have it repaired by an independent garage.

When we plunk down thousands of dollars for a new car, we expect it to be in more than good condition; we expect it to be perfect. After all, if no one has driven it, it should be. However, what looks like perfection in the dealership lot can turn out to be anything but. In such cases, new car owners are often persuaded to take their under-warranty vehicles to the dealership for repair, even after a defect has proven persistent, when what they should do is schedule a free consultation with a lemon law lawyer to learn about their options for receiving compensation under the lemon law.

All 50 states have lemon laws that protect consumers against owning defective vehicles, and there are also federal lemon laws. In either case, a car’s lemon status depends in part on the type of defect that it exhibits, with safety defects making for the easiest lemon cases and non-safety defects typically requiring more “repair attempts” toward achieving lemon status. In both the state and federal lemon law, vehicles must undergo a certain number of repair attempts before qualifying as lemons. Under federal law, these attempts can occur at any time during a vehicle’s warranty. But under state lemon law, they must usually occur within a certain range of miles or months (usually less than 18,000 miles or 18 months) after a vehicle’s original delivery date.

Under a state lemon law, consumers have the option of receiving a free replacement vehicle or receiving a refund of their vehicle’s purchase price minus a mileage based allowance, while under federal lemon law, consumers are entitled to a receive a cash award and lets them keep the vehicle or trade it in or have it repaired by an independent garage. Whether to pursue compensation under state or federal lemon law can involve numerous factors, but particularly the type of vehicle in question. Whereas many states don’t cover used cars or alternative vehicles such as motorcycles, boats and motor homes, federal lemon laws do.

In 2008, Ford announced a recall of certain F350’s due to an engineering problem that may result in their fuel tank impacting a frame element upon frontal impact, causing an engine fire. While not all F350’s of 2008 and before are affected, models that have single-real-wheel-drive combined with 4-wheel drive, a 156-inch wheelbase, and a two-piece drive shaft are affected. As with all auto recalls, Ford’s solution to the F350 recalls is to have affected trucks repaired by Ford. However, it’s important to realize that having your truck repaired might not be your only option; you might also be qualified to receive compensation under the lemon law.

There are two types of lemon laws: state lemon laws and the federal lemon law, the latter of which is established by the Magnusson-Moss Warranty Act. Under both, a vehicle must experience a defect that cannot be repaired within a reasonable number of attempts (usually about 3), which is often the case with recall vehicles. In the event that you attempted to have your F350 repaired prior to the recall and the repairs were unsuccessful, the difference between having your vehicle corrected by Ford and pursuing a lemon case is that a lemon case, if successful, offers superior compensation.

Under state lemon law, lemon owners are entitled to receive either a free replacement vehicle of a refund of the vehicle’s purchase price minus a mileage based allowance. Under federal lemon law, which, unlike state lemon law, covers all vehicles that are still under the manufacturer’s original warranty, lemon owners can receive a cash award and keep the vehicle or trade it in or have it repaired by an independent garage. If you drive an F350 that qualifies as a lemon and you would like the most compensation for your trouble, contact lemon law lawyer to learn the best option for your case.

When an auto recall is announced, the immediate reaction of affected consumers is to want a different vehicle, and rightfully so. When we invest in a vehicle—especially a more expensive one—we expect its price tag to reflect its engineering quality. But if you own a Ford F350—one of the more expensive pickups on the market—its engineering may be failing its price tag. In 2008, Ford announced a recall of thousands of F350’s due to the propensity of their fuel tank to impact a frame element upon frontal impact, resulting in engine fires. The characteristics of the F350’s recalled are: single-rear-wheel versions with 4-wheel drive, a 156-inch wheelbase, and a two-piece drive shaft.

In most cases, recalled vehicles are returned to the dealer for repair. But, in some cases, a vehicle’s safety defect has already undergone unsuccessful repair attempts, qualifying it as a legal lemon. To find out whether you have a F350 that qualifies as a lemon, contacting a lemon law lawyer for a free consultation is the best option. Upon reviewing your case, a lemon law attorney can advise you on whether to pursue a case under state lemon law or federal lemon law, the latter of which, due its coverage of all vehicles that are still under the manufacturer’s warranty, is usually pursued in lemon cases that involve repairs that are more spread out.

Unlike other types of legal cases, lemon cases can be straightforward affairs where automakers are likely to settle outside of court when hard evidence and a lemon law attorney is on one’s side. The compensation for lemon vehicles under state law is a free replacement vehicle or a refund of the lemon vehicle’s purchase price minus a mileage based allowance. Under federal lemon law, consumers can receive a significant cash award that lets them keep the vehicle or trade it in or have it repaired by an independent garage. Most state lemon laws and the federal lemon law allow for the recovery of attorney fees.

From an advertising perspective, the competition between American truck makers typically subsists on semantics, with Ford having the edge due its memorable motto, “Ford tough”. But if you bought a Ford F250 partly on the strength of its motto, you may be disappointed to know that, in 2008, Ford recalled thousands of F250’s due to a potential fire hazard posed by the truck’s gas tank impacting a frame element upon frontal impact. The recall affects F250’s with the following characteristics: single rear wheel drive featuring 4-wheel drive, a wheelbase of 156-inches, and a two-piece drive shaft.

The F250 recalls are based on the “potential” of certain F250’s to experience engine fires following collisions—a fact that leads many consumers to keep driving recalled vehicles under a “that will never happen to me” philosophy. Yet, even though F250 recalls could fulfill their useful lifespan without suffering an engine fire, not pursuing compensation for a vehicle that exhibits a serious safety defect doesn’t make sense, especially given the generous compensation available under state and federal lemon laws for vehicles that have undergone a series of unsuccessful repair attempts. In other words, instead of having your F250 fixed by Ford, you may be able to pursue greater compensation by contacting a lemon law attorney.

Under state lemon law, consumers can receive either a free replacement vehicle or a refund of a lemon vehicle’s purchase price minus a mileage based allowance. Under the federal lemon law, consumers can receive a cash award which lets them keep the vehicle or trade it in or have it repaired by an independent garage. Most state lemon laws and the federal lemon law allow consumers to recover attorney fees, as well as costs associated with owning a lemon vehicle, such as licensing and registration fees, rental car fees and towing expenses.

The reasons for vehicle recalls can range from the seemingly minor to the obviously major, with the 2008 Ford F250 recall representing the latter. Despite the F250’s “Ford tough” reputation, Ford revealed that thousands of F250’s represent a fire hazard due to a engineering conflict between their fuel tank and a cross member in their frame. In one study, affected F250’s experienced damage to their fuel tank after impacting a rigid barrier at 30 mph. The specific trucks affected by the defect are single-rear-wheel versions that feature 4-wheel drive, a 156-inch wheelbase, and are equipped with a 2-piece drive shaft.

Although issued in 2008, the F250 recall remains valid until all affected trucks are accounted for. If you drive a F250 that fits the description above, you have two options for receiving a safer vehicle: you can have the defect corrected through a Ford dealership, or, if you tried to have the defect repaired on your own prior to the recall and were unsuccessful, you can contact lemon law attorneys and pursue a lemon case under state or federal lemon law, regardless of the fact that a recall has been issued.

For some consumers, having their vehicle repaired by a dealership is the preferred solution. But for those who would rather not drive a vehicle that shows a propensity for defects, generous compensation exists under state and federal lemon law. Under state lemon law, consumers are entitled to either a new replacement vehicle or a refund of the vehicle’s purchase price minus a mileage based allowance. Under federal lemon law, consumers are entitled to a cash award which lets them keep the vehicle or trade it in or have it repaired by an independent garage. Most state lemon laws and the federal lemon law also allow consumers to recover attorney fees and incidental costs associated with a lemon vehicle such as rental car fees, towing fees and repair fees.

In the past, when reliability was first on a car shopper’s list, they often bought from one of the large Asian automakers, Nissan among them. But today, Nissan offers less reliability than before. Over the past decade, Nissan’s Frontier has presented the least problems, drawing a total of only 19 consumer complaints. But Nissan’s most problematic model, the more popular Altima, has generated more than 900 complaints in the past decade for problems ranging from suspension issues to transmission issues and air conditioning and heating problems, making it the least successful model that Nissan has produced in terms of consumer satisfaction.

If you own a Nissan that experiences the above problems or other Nissan car problems, you’re likely disappointed that what you thought would be a problem-free car is anything but. But if those problems aren’t fixable, you don’t have to deal with the stress of driving a lemon. Instead, you can contact a lemon law lawyer and pursue compensation for your Nissan car problems under state lemon law, which allows lemon owners to choose between a free replacement vehicle and a refund of the lemon vehicle’s purchase price; or under federal lemon law, while entitles consumers to receive a cash award and keep their vehicle, but doesn’t offer a free replacement vehicle.

State lemon law varies by state, but most states require that a vehicle experience 2-4 unsuccessful repair attempts for the same defect within less than 18,000 miles or less than 18 months of its original delivery date. Federal lemon law is more generous, requiring only that a vehicle is still under warranty and experiences a defect that cannot be repaired within a reasonable number of attempts (usually 2-4). As an added incentive to contact a lawyer get the compensation you deserve, federal and most state lemon laws allow for the recovery of attorney fees.