Archive for the ‘Lemon Law’ Category
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.
Most vehicles that are called lemons are older vehicles that have high mileage. But it’s also possible for vehicles that are still under warranty to be lemons, with the difference being that the latter situation legally entitles consumers to receive compensation. If your new vehicle requires occasional repairs, it does mean that it is a legal lemon. However, if it has undergone repeated repairs for a defect that is still unresolved, chances are that it is a legal lemon, especially if you drive it with care.
Two types of laws determine lemon status: the state lemon law and the federal lemon law. Under state lemon law new cars, a vehicle is considered a lemon if it undergoes a certain number of unsuccessful repair attempts (usually about three) within a certain range of miles (usually less than 18,000) after its original delivery date. However, federal law applies to all vehicles that are still under the manufacturer’s warranty and experience a defect that cannot be resolved within a reasonable number of repair attempts, regardless of the vehicles’ mileage. Unlike the lemon law in most states, federal lemon law also applies to alternative vehicles that qualify as personal vehicles, such as motorcycles, ATVs, boats and motor scooters.
If you own a vehicle that meets the legal definition of a lemon, the best thing to do is hire a lemon law attorney to resolve your case. Although some consumers choose to dialogue with an automaker on their own, consumers who hire an attorney usually receive a faster response, as well as a higher settlement offer. If you fear hiring an attorney because of attorney fees, it’s important to realize that most state lemon laws and the federal lemon law allow you to recover attorney fees when your case is successful.
Next to buying a home, buying a vehicle is the most significant purchase that most people make; and just as some homes present a persistent defect that wasn’t apparent when they were purchased, so do some vehicles. Under state and federal lemon laws for cars, these vehicles are considered lemons, and entitle their owners to receive compensation. However, the definition of a lemon vehicle is different at the state level than it is at the federal level, and so is the compensation that consumers receive for owning a lemon vehicle.
Under state lemon laws, a vehicle is considered a lemon if it undergoes a certain number of repair attempts (usually about three) within a certain number of miles (usually less than 18,000) after its original delivery date. Therefore, even if a vehicle is still under warranty, it cannot qualify as a lemon if the repairs do not fall within the state mileage requirements. It is also important to note that most states do not cover alternative vehicles, such as motorcycles, ATVs and boats. If a vehicle qualifies as a lemon under state law, its owner can choose between two forms of compensation: receiving a free replacement vehicle or receiving a refund of the vehicle’s purchase price minus a mileage based allowance.
Under the federal lemon law, a vehicle is considered a lemon if it is still under the manufacturer’s warranty and experiences a defect that cannot be resolved within a reasonable number of repair attempts, regardless of mileage. Unlike most states, the federal lemon law covers alternative vehicles; with the key being that a vehicle qualifies as personal vehicle (e.g. dump trucks are not personal vehicles). When a vehicle qualifies as a lemon under federal law, its owner receives a cash award and can keep the vehicle. Most state lemon laws and the federal lemon law also allow consumers to recover attorney fees if their case is successful, as well as collateral costs associated with a lemon vehicle, such as licensing and registration, towing and rental car fees.