Lemon Law Blog

Posts Tagged ‘Lemon Law’

Chrysler Group LLC’s recent recall of several Dodge, Jeep and Chrysler 2010 model-year vehicles casts a further pall over the already ailing American auto industry. However, Chrysler should be commended for taking responsibility for a potentially dangerous braking system defect in these financially hard times. Indeed, even when the economy is in the black, it’s not uncommon for vehicle owners to pursue legal action in order to receive a refund or replacement vehicle as compensation for a car that chronically violates its warranty. 

Often referred to as “lemon cars”, these recalcitrant vehicles can result from a problem during the assembly or engineering process, as happened with the Chrysler vehicles, or from a “bad apple” syndrome by which some vehicles just aren’t as dependable as their identical makes and models. In either case, consumers are protected from buying lemon cars by state and federal statutes known as “lemon laws”. The Magnuson-Moss warranty act is the federal version of state lemon laws, while each state has their own lemon law statutes which vary by state. 

In all states, lemon car owners are entitled to receive a full refund of the lemon vehicle’s purchase price, minus a mileage based allowance, or a replacement vehicle of similar performance and price. Typically, a vehicle must undergo a certain number of repairs within a certain number of miles or be out of service for a collective length of time within a certain time frame to qualify as a lemon car. However, there are instances where even one repair that fails to correct a dangerous problem qualifies a car as a lemon. 

A braking system defect would qualify as just such a problem; that’s why Chrysler decided to take the high road and spare its customers from the anxiety of owning a lemon car. If you think that you own a lemon car, don’t wait for an auto maker to step up to the plate; review your state’s lemon laws before it’s too late.

A few years ago, a personal story was posted on the Internet about a man who purchased a car that was recalcitrant, to say the least. The more that he repaired it the more repairs that it seemed to need; and one day he had had enough. As he was driving through the countryside on his way home, his recently repaired car broke down yet again. What did he do? Call a tow truck? No. He retrieved a gas can from the vehicle’s trunk, doused its interior with gasoline, set it ablaze and then calmly walked home, happy to be rid of his lemon car.

Whether or not the story is true, anyone who has owned a lemon can identify with its protagonist. When we buy a new car, we expect it to perform like new, not beset us with repairs. But what the man in the story didn’t realize, or chose to ignore in his anger, was that there are laws that could have rectified his situation. Often referred to as “Lemon Laws”, these statutes hold automakers responsible when they sell you a new car that is “new” in name only.

The provisions of Lemon Law vary by state. But in each case, it establishes that consumers are either entitled to a new vehicle or are entitled to a refund of the lemon’s purchase price, less a mileage based allowance in some states. In the case of a refund, consumers are also reimbursed for such things as finance charges and licensing and registration fees. Normally, the choice is the consumer’s.

Purchasing a lemon is a new car owner’s worst nightmare. But if you find yourself broken down in the countryside with your lemon to blame, resist the instinct to light a match and contact an attorney instead. In the end, you’ll be rid of your lemon and have something to show for it too.

Thinking you might have a lemon car?  Every state has its own lemon law and may differ on the exact definition of a lemon car.  Along with state lemon laws, there is a federal lemon law manufacturers must comply with.  If your vehicle has defects or conditions that make it unsafe, non-usable, or otherwise diminish the value of the vehicle and they have not been repair within a reasonable number of attempts, you may have a lemon car or truck.  It is your right to receive a copy of all all repair orders and your responsibility to keep track of the number of attempts.  It is important to bring your vehicle in for repair as soon as a defect arises. 

Remember, there is more to a vehicle being a lemon car or truck than just having a defect.  Most states require you to give the manufacturer or dealer a reasonable number of attempts to repair the defect.  The number of repair attempts varies per state, but there are some general guidelines that apply to most. 

• If the defect is likely to cause serious injury or death, some states only require one unsuccessful attempt to fix the defect. 
• When the defect or condition is not that severe, but still substantially impairs the use, value or safety of the vehicle, state laws vary from three to four unsuccessful attempts.
• Sometimes there is a time limit, such as if a vehicle is out of service for thirty days, it can be considered a lemon car or truck.

 If your meets one of the above, the first thing you should do is give the manufacturer or dealer a chance to comply with your state’s lemon law.  Normally, this means they are required by the lemon law to either replace the vehicle or refund the purchase price of the vehicle.  In most states, they may deduct the usage costs.  If the manufacturer does not follow through with this, it is time to consult with a lawyer in your state.

For most of you, autumn brings cooler weather, beautiful foliage, and the beginning of the school year. With winter on the horizon, many drivers think that their daily commute is still far from getting stressful. However, many people don’t know that the fall driving season can be just as dangerous. Here are some tips to keep you and your family safe during the fall season.

• Remember that with the beautiful color of the leaves comes the large amount of leaves on roads. Wet leaves can in fact be just as slippery as ice. Worse yet, piles of leaves on the road can hide pot holes and other dangers.
• Fall is “Back to School” time. Be careful of students crossing streets and walking or riding bikes to and from school. In addition, school busses can stop frequently, so follow with care.
• Many roads in America travel east and west. With this said, the fall sun rises and sets from almost exactly east to west. That means motorists traveling east to work and west home will have to deal with the sun being in their sight line. Be sure to carry sunglasses.
• Cool autumn nights often come with a great deal of fog. The warm earth cooling at night will sometimes cause dense fog, so travel with care and make sure your low beams and fog lights work.
• For many, deer season can cause many accidents on the road ways. Be careful in poorly lit and desolate areas to avoid deer that may cross the street.

$3.80 – $3.90 – $4.00 – $4.10 … When will it stop? With the rising cost of gas consumers have been bombarded with advertisements for various gas saving products and free gas promotions. So are any of them real?

Gas Saving Products

Products ranging from fuel additives to hardware that you mount on your car claim to save you hundreds at the gas pump. Do any of them work? Of the hundreds of “gas saving” devices and additives reviewed by the EPA over the years, none have been found to actually work. Furthermore, Consumer Reports recently tested several new products, and none lived up to their claim.

So what can you do? Save your money! Properly maintaining your car and improving your driving style are still the best ways to increase your gas mileage. In fact, traveling at 65 mph instead of 75 mph, braking easier, and accelerating at a slower pace can save you up to 37% in gas!

Buy a Car Get Free Gas

Are the “free gas for a year” new car promotions real, or are they a scam? Well, yes and no. Here’s the scoop: When buying a new car under this and similar promotions, make sure you read the fine print. Often these deals are good, but the promotion only cover gas up to a certain amount. The amount covered is often calculated by factoring the amount of gas required to drive the car 12,000 miles and the vehicles EPA mileage estimate.

The bad end of the deal involves other discounts and rebates you may be passing up. By going with the free gas, you may be substituting 0% financing, saving you thousands and thousands, or attractive factory rebates in exchange. To truly understand which offer is the better deal, sit down with your salesman and get all the fine print. Then calculate out your exact savings for each deal.

The warranty battle is on! Many manufacturers are engaged in a battle for the best warranty. But here are some things to keep in mind when investigating the difference between new car warranties.

It’s good to know the difference between a new car warranty and an extended auto warranty. A typical new car warranty has two parts: the “bumper to bumper” warranty, which covers everything except the “wear” items such as brakes and tires; and the powertrain warranty that covers all the parts that make the car move, such as the engine and transmission.

An extended auto warranty can be purchased to prolong the coverage of the bumper-to-bumper warranty. Most people are familiar with the extended warranty that is sold at dealerships. There are also “third-party” warranties which can save consumers money but are generally less convenient to use. Many third-party warranties require out-of-pocket payment for repairs before reimbursement. Weigh all these factors carefully before you make your choice.