How can a California Consumer Get a Legal Remedy Against an Auto Related Fraud?

by Admin 2. August 2011 20:47

In a recent complaint survey conducted by various government agencies like the Consumer Federation of America (CFA), the National Association of Consumer Agency Administrators (NACAA), and the North American Consumer Protection Investigators (NACPI), auto-related issues were named as the top complaints by consumers and consumer protection agencies for the second year in a row. Auto-related complaints include misrepresentations in advertising or sales of new and used cars, lemon buy backs and used cars with faulty repairs. Auto-related complaints also include misrepresentations regarding the leasing and towing disputes of the used cars.

Following are some of the Statutes your California lemon law attorney can make use of to protect your California consumer rights:

The California Consumers Legal Remedies Act (CLRA)

California Code of Civil Procedure §§ 1750 - 1784
California Code of Civil Procedure § 1750 prohibits vagueness, unfair business practices, and deception by  unlawful methods of competition. It also prohibits unfair or deceptive acts or practices in a sale or lease of goods or services to any consumer.

California Code of Civil Procedure § 1770

The CLRA claim is especially attractive to auto fraud victims. Here, the California Code of Civil Procedure § 1780 allows consumers who have suffered damage as a result of a practice declared unlawful by § 1770 to obtain a punitive damages, court costs and attorney fees and any other relief the court deems proper.

California's Unfair and Deceptive Acts and Practices (UDAP)

One of the effective tools a California used car consumer can employ to protect his investment is  California's Unfair and Deceptive Acts and Practices (UDAP), sometimes called 'little FTC Acts'. Every state has enacted some form of UDAP law, so does the State of California. The State of California statute prohibits 23 specific practices, other unfair methods of competition and unfair or deceptive practices. Deceptive trade practices are aimed at misleading or enticing people into purchasing a product or service. False advertising and odometer tampering are the most common deceptive practices in automotive sales. The essence of UDAP activity has been California’s Unfair Competition Law (UCL) is § 17200.

The UCL prohibits and carries many remedies for:

  • Unlawful, unfair or fraudulent business act or practice

  • Unfair, deceptive, untrue or misleading advertising

Now almost all California's UDAP statutes provide that a consumer can sue for damages and can collect his California lemon law attorney's fees from the losing party. In a number of states the court is empowered to award double or triple damages and sometimes punitive damages if he wins the case.

California's Uniform Deceptive Trade Practices Act (UDTPA)

Deceptive trade practices are common which can equally affect individuals or businesses in almost all the states. Many states have adopted the standardized Uniform Deceptive Trade Practices Act (UDTPA). California's Uniform Deceptive Trade Practices Act includes and covers all the prohibitions and issues addressed in the state of California law.

California's Uniform Deceptive Trade Practices Act:

  • Prohibits making deceptive representations in connection with commercial goods

  • Covers odometer tampering

  • Addresses all forms of deception in the marketing or advertising of goods and services

Krohn & Moss, Consumer Law Center is a leading California law firm specializing in auto fraud. The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, to provide legal representation to consumers with defective vehicles and products. If you suspect that you have been the victim of a California auto fraud, you can get rid of your problem car by pursuing your California lemon law claim. Submit the case details for a Free* Case Review under the California lemon laws.

 

Full Warranty Requirements Under the Magnuson-Moss Warranty Act

by Admin 10. July 2011 20:56

The Magnuson-Moss WarrantyFederal Trade Commission Improvement Act is a federal law which gives the California consumers considerable rights in dealing with manufacturers and car dealers of lemon automobiles. This law guarantees a California car buyer certain minimum requirements of warranties which must be met and provides for disclosure of warranties before a purchase.

In case of a defect, malfunction or failure in your California car, the warrantor must execute the following actions, in order to conform to the written warranty under a full warranty:

  • Must remedy the California lemon car/its part(s) within a reasonable time and without charge
  • May not impose any limitation on the duration of any implied warranty on the California lemon car/its part(s)
  • May not exclude or limit consequential damages for a breach of any written or implied warranty on the California lemon car/its part(s), unless the exclusion or limitation conspicuously appears on the face of the warranty
  • If the California lemon car or its component has a defect or is malfunctioning after a reasonable number of repair attempts, the California consumer must be allowed the choice to elect between a refund and a replacement vehicle
  • May not impose any duty, other than notification, upon any consumer for securing the repairs of any California car/its part that malfunctions, is defective or does not conform to the written warranty

The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act requires consumers to return the California lemon car to its dealer for repairs.

Remedies for a California lemon car under the Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act states that any warrantor such as an automobile manufacturer warranting an automobile buyer by means of a written warranty must disclose the terms and conditions of the warranty in simple and easily understood language, as mandated by the Federal Trade Commission (FTC). The FTC has enacted regulations to govern the disclosure of written consumer product warranty terms and conditions on consumer products which cost the consumer more than $15.

Under the terms of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act, ambiguous statements in a warranty are construed against the drafter of the warranty. Service contracts also must clearly disclose their terms and conditions in simple and easily understood language. The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act is meant to provide consumers of California cars with access to reasonable and effective remedies where there is a breach of warranty on a California car. The federal government has the authority to take injunctive action against a supplier or warrantor if he fails to meet the requirements of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act.

California consumers may seek redress in the courts for alleged violations of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act. The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act states that, a written warranty on a consumer product that costs more than $10 must be clearly labeled as 'full' or 'limited'. A full warranty means that whoever promises to fix the California consumer product must do so, in case of a defect or if it does not conform to the warranty. A limited warranty can contain reasonable restrictions regarding the obligations of the manufacturer or seller for the repair or replacement of a California consumer product.

The California Used Car Lemon Law

by Admin 20. June 2011 19:57

Purchasing a car is one of the most expensive propositions most of us make after a house. According to the National Institute for Consumer Education, the average price of a new car is about $18,000. Some people can afford this price and many of look else where for less expensive alternatives, a used vehicle. They cost us a lower base price, Insurance generally costs less, they depreciate less than new cars do and it is easier to negotiate. Even a used, as the years pass is becoming increasingly complex on par with the technology growth in the auto industry. Used or new, we are at a loss with so many systems and processes to comprehend in a car. While the models of the cars available in the market are increasing manifolds, it puts us all in a state that we come to heavily rely on the advice and mercy of a car salesman. That is why we need the intervention of lemon laws, in case we are taken out on a long ride over a lemon car.

If you are living in the state of California and have bought yourself a car in the state of California, there are laws that protect you with your investment. The California lemon law for used cars provides legal protection for the owners of defective vehicles which meet the requirements of the California lemon law for used cars. If you have bought yourself a used, certified pre-owned car, truck, van, SUV or other vehicle that still has a manufacturer's warranty, you will be entitled to protection under both the California used car lemon law and the Federal used car lemon law.

The California used car lemon law provides protection for anyone who has purchased or leased a used car or vehicle that is still covered by a manufacturer's original factory warranty

  • The California used car lemon law also covers demonstrator vehicles, vehicles previously bought back under the California lemon law and resold with a manufacturer’s warranty
  • The California used car lemon law provides legal protection for any vehicle that has been certified
  • The California used car lemon law provides legal protection for any vehicle with an extended warranty for the manufacturer’s original warranty
  • The California used car lemon law provides compensation in the form of a refund, a replacement or cash compensation

The California used car lemon law covers:

  • Used cars or vehicles bought and used primarily for personal, family or household purposes
  • Used cars or vehicles with a gross weight which are below 10,000 pounds and used primarily for business purposes where five or fewer vehicles are registered to the company
  • Used cars or vehicles that are sold with a written warranty
  • Lemon cars or vehicles that are bought back by a manufacturer and then resold to consumers with a manufacturer’s warranty covering the defects

The California used car lemon law – the Statutory warranty Period

There is a statutes of limitations of four years to file a lawsuit for breach of warranty.

The California used car lemon law applies:

  • During the entire period of a manufacturer’s warranty
  • After the original warranty if the vehicle has been certified
  • To a manufacturer's extended warranty

If a vehicle is covered by a three year warranty and a defect or nonconformity is discovered two years from the warranty start date, the manufacturer is required by law to:

  • Either repurchase or replace the vehicle
  • Compensate the owner for the defective vehicle
  • Provide the manufacturer a reasonable number of attempts to repair the car or vehicle

The California used car lemon law provides the manufacturer and its authorized dealers with a reasonable number of attempts to repair the defect or nonconformity in a used car or vehicle under warranty.

A reasonable number of opportunities may be exceeded if the vehicle has experienced:

  • One to two repair attempts for a serious safety defect such as a brake failure
  • Two or more repair attempts for a recurring issue which is likely to cause death or serious bodily injury if the vehicle is driven
  • The same nonconformity or defect has been allowed four or more attempts but the defect continues to exist
  • The vehicle is in for warranty repairs for a total of 30 or more days

What would you do if you think that you have landed a California used lemon car

  • Document the repair orders that indicate the problem in your used lemon car
  • Notify the manufacturer of your car or vehicle of the defects and nonconformities, directly
  • Submit the warranty dispute to the arbitration program listed with the help of your  California used car lemon law attorney, to improve your chances of receiving proper compensation

If you are not qualified for the California used car lemon law attorney you may still get protected by other laws of the State. If you feel that you have been duped by a California used car dealership, an experienced California lemon law attorney can review your documents.

If you are having problems with your certified used car or vehicle:

  • Get in touch with a California used car lemon law attorney and get to know your California lemon rights
  • Check with your California lemon law attorney for used cars for the best recourse available for you to claim, if you do not qualify for the California lemon protection for your used car
  • You may not have to pay out of your pocket and you will have the best chance for success if a California used car lemon law attorney represents you

The Florida Used Car Lemon Law – A Consumer Protection Law

by Admin 20. June 2011 19:32

Purchasing a car is one of the most expensive propositions most of us make after a house. According to the National Institute for Consumer Education, the average price of a new car is about $18,000. Some people can afford this price and many of look else where for less expensive alternatives, a used vehicle. They cost us a lower base price, Insurance generally costs less, they depreciate less than new cars do and it is easier to negotiate. Even a used, as the years pass is becoming increasingly complex on par with the technology growth in the auto industry. Used or new, we are at a loss with so many systems and processes to comprehend in a car. While the models of the cars available in the market are increasing manifolds it puts us all in a state that we come to heavily rely on the advice and mercy of a car salesman. That is why we need the intervention of lemon laws, in case we are taken out on a long ride over a lemon car.

If you are living in the state of Florida and have bought yourself a car in the state of Florida, there are laws that protect you with your investment.

The Florida lemon law

In addition to any dealer or manufacturer warranty, Florida's Motor Vehicle Warranty Enforcement Act, also known as the Florida lemon law, provides new automobile buyer's protection from obviously defective new automobiles.
 
The Florida lemon law states that:

  • If after three repairs for the same problem a dealer is unable to fix your Florida lemon car, you have to notify the manufacturer
  • You must report the problem with the Florida lemon to the dealer within the first 18 months of your ownership or 24,000 miles, whichever occurs first

Under the Florida lemon law, when you buy or lease a new motor vehicle, you must receive a Florida lemon law booklet explaining your rights.

Does the Florida lemon law cover used cars?

The Florida lemon used cars are NOT protected by the Florida lemon law, which is why:

  • It is extremely important that you should thoroughly inspect a Florida used car before purchasing it
  • The warranties expressly provided by a dealer with a Florida used car are very important documents which entitle you to your Florida lemon law rights
  • The manufacturer's active warranty is a very important document as it entitles you to your Florida lemon law rights as a Florida used car owner
  • As a Florida used car buyer, you should closely inspect the tires, suspension, engine, drive train, steering, brakes, and the interior of the Florida used car
  • As a Florida used car buyer you should take a mechanic to inspect the Florida used car you intend to buy

Why the number of miles on a Florida used car is important?

Since the Florida used cars are "used", the number of miles on them is important.

  • Under the Florida lemon law, vehicles with lower mileage on the odometer are more valuable than those with higher mileage on the odometer
  • Under the Florida lemon law, a vehicle's odometer cannot be altered, disconnected, or tampered with
  • Under the Florida lemon law, if the odometer reading appears odd, check the odometer statement available with the current owner
  • Check with the title number or Vehicle Identification Number (VIN) to get a complete history of the vehicle since its manufacture, at the Florida Department of Highway Safety and Motor Vehicles
  • Under the Florida lemon law, unless the notice of vehicle's previous use is included with the title, the resale of taxicabs, police vehicles, for-hire vehicles or rebuilt vehicles is prohibited

Problems associated with car repairs rank number one in consumer complaint

Problems associated with repairing a car rank the highest in consumer complaints, according to the Office of Florida Attorney General.

According to the Florida lemon law:

  • All repair shops in Florida must register with the State of Florida
  • For repairs that cost more than $50, the repair shop must provide the consumer with a written estimate
  • The shop must also contact the consumer before exceeding the estimate by $10 or 10%, whichever is greater
  • After any repair work is completed, the repair shop must provide a legible copy of the repair invoice showing the work done
  • After any repair work is completed, the repair shop must provide a legible copy of the itemized description of parts and labor charges along with the warranty, if any

The  Florida lemon law – Used Car or New Car Repossession by Creditors

Since You can buy a new vehicle or a Florida used vehicle on credit, you should remember that:

  • Creditors retain significant rights over the vehicle if you do not honor the loan agreement
  • If you default on your loan, the creditor has a right to seize the vehicle, at his own discretion without prior notice
  • After repossession, the creditor may keep the vehicle in lieu for the unpaid debt or resell it
  • Either ways, you must be informed by the creditor
  • You have the right to demand that the vehicle be sold
  • Any money received from the sale beyond the amount of the debt be returned to you
  • If the vehicle is to be sold at a public auction you must be notified of it, in advance
  • When the vehicle is sold, the sale must be conducted in a commercially reasonable manner
  • When the vehicle is sold, the price must approximate the vehicle's fair market value
  • The creditor may reinstate the your credit
  • He can even allow you to buy the vehicle back

Kia Recalls Spectra 58,332 of MY 2004 – 2007 over Fuel Tank Straps

by Admin 6. May 2011 21:01

South Korean manufacturer Kia and NHTSA announced a recall of certain Spectra (Cerato) vehicles sold in the United States, in addition to the Sorento SUVs being recalled. According to a notification posted on the National Highway Traffic Safety Administration (NHTSA) website, the recall affects the Spectra LD models from the 2004 to 2007 model years. This recall will affect around 58,322 Spectra cars over the problems related to fuel straps that may corrode and eventually give away, dropping the gas tank to the ground.

The models in question have straps that hold the fuel tank to the frame of the vehicle, and if exposed to road salt, these can rust. The direct consequence of such a problem is that the tank can fall to the ground, which could cause a leak and a fire.

According to Kia:
There is a possibility that corrosion of the fuel tank straps which hold the tank may occur as a result of prolonged exposure to road salt
As a result of the corrosion, one or both straps may separate allowing the fuel tank to contact the ground and possibly disrupt the integrity of the tank
Should a fuel tank fall from the vehicle, it could leak and increase the chances of a fire
Only vehicles operated in states using road salt during winter months are susceptible to the corrosion issue

Specifically, Kia is recalling more than 58,000 Spectra compact cars registered in cold-weather states, including Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia. The Spectra compact cars manufactured between November 7th 2003 and March 6th 2007 also fall under the recall.

Details on whether the issue had caused any fires or injuries have not been disclosed, but the company confirmed that dealers will replace the fuel tank straps and bracket hardware with zinc-coated parts on all affected vehicles at no cost to owners and the recall is expected to begin in June 2011.
The Sorento SUVs

The Sorento SUVs in question were manufactured till the start of 2011 model year production from May 22, 2010
All the Sorento SUVs affected have two-wheel drive, automatic transmissions and 2.4-liter four-cylinder engine
All the Sorento SUVs have their problem stemmed from a misalignment that took place during assembly between the intermediate shaft and the right-side output gear
The problem in the Sorento SUVs can create excessive wear and noise, eventually leading to damage to the transmission
This recall of the Sorento SUVs marks the second for the 2011 Sorento, following a fire risk recall issued in September 2010. For the latest recall, Kia says it will replace the right side output gear and intermediate shaft on the affected vehicles.
The Sorento recall will begin this month and the Spectra recall, in June.

Ford Recalls MY 2011 E-150, E-250, E-350 and E-450 Trucks

by Admin 6. May 2011 21:00

Ford is recalling certain E-Series vans for faulty seat brackets and seat track worm gear failure. Ford is recalling certain 2011 E-150, E-250, E-350, and E-450 vehicles for a faulty driver’s seat track component in the front assembly for power adjust.

The automaker indicates that in the event of an accident the worm gear found on electric seats may fracture and cause the seat to slide forward and back unrestrained freely, increasing the chances for injury. No injuries have been reported arising out of this the issue. Dealers will inspect the seat track components and if needed, replace it free of charge.

According to the car maker:

  • Certain model year E-150, E-250, E-350 and E-450 trucks have failed to comply with the requirements of Federal Motor Vehicle Safety Standard No. 207, “Seating Systems”
  • It is possible that under unusually high loads such as in a crash, the driver power seat track worm gear may fracture
  • When a worm gear fractures it allows the seat to shift forward or backward increasing the risk and severity of injuries to the driver

Dealers will inspect the driver’s seat track assembly, and if necessary, replace it free of cost to the consumer.  Ford’s Recall Campaign Number is 11C16.

The number of vehicles potentially affected by the recall is 192 produced between March 7th and March 23rd 2011. The safety recall is expected to begin in the 1st week of May, 2011.

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Krohn & Moss, Ltd. Secures $7,500 Jury Verdict on "Lemon Law" Claim Against Kia Motors America

by Admin 26. April 2011 19:04

CINCINNATI, OH--(Marketwire - Apr 26, 2011) - The Court of Appeals affirmed a Hamilton County jury verdict of $7,500 rendered against Kia Motors America for selling Hobert and Anne Cox a "lemon." The case involved Mr. and Mrs. Cox's purchase of a new 2002 Kia Spectra that was riddled with numerous defects. There were problems with the vehicle's hazard switch, turn signals, and cruise control that resulted in 15 visits to Kia's dealers for repair. Mr. and Mrs. Cox contacted Krohn & Moss, Ltd., a national consumer protection law firm with offices in Ohio, which has resolved over 35,000 consumer actions since its inception in 1995.

Kia first claimed that that there could be no "lemon law" claims as the vehicle was "totaled-out." The appellate court rejected Kia's argument and the case was sent to a Hamilton County jury for trial. The jury awarded $7,500 for the vehicle's loss in value and due to Mr. and Mrs. Cox's aggravation caused by Kia's failure to repair the Spectra within a reasonable number of attempts. The Court of Appeals affirmed the verdict in its entirety. Notably, not only will Mr. and Mrs. Cox now receive the $7,500 plus interest on the verdict, but Kia is responsible to pay all of the attorneys' fees and costs incurred by Krohn & Moss, Ltd. in representing Mr. and Mrs. Cox. Gregory H. Moss, managing partner for Krohn & Moss, Ltd., noted the Appellate Court's decision was a monumental victory for consumers: "The decision from the Appellate Court sends a message to Kia and other automobile manufacturers if you sell a lemon there is recourse for the consumer."

For more information concerning this case, please reference the Clerk of the Court of Hamilton County Common Pleas Court, Ohio, Case No. C0600693 appeal from Case No. A0503172.

About
The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Gregory Moss, providing legal representation to consumers with defective vehicles and products, consumer fraud concentrating in auto fraud claims such as odometer setbacks, auto dealer financing scams and vehicle history misrepresentations, FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) violations. www.yourlemonlawrights.com

Sorce: Marketwire.com

Krohn & Moss Wins Jury Award in Defective Cadillac Case Against General Motors, LLC

by Admin 19. April 2011 21:26

CHICAGO, IL--(Marketwire - Apr 19, 2011) - A consumer from downstate Bloomington, Illinois received a jury verdict against General Motors, LLC ("GM") for breach of express warranty and breach of implied warranty in connection with her purchase of a defective 2010 Cadillac SRX. Shelly Newman filed a complaint against GM after her attempts to have various defects in her vehicle repaired by an authorized GM dealership failed. Ms. Newman contacted Krohn & Moss, Ltd., a Chicago law firm that has handled over 35,000 cases since its inception in 1995, seeking to enforce her rights as a consumer. Krohn & Moss, initially contacted GM in writing seeking a resolution to Ms. Newman's case without having to seek court intervention. However, efforts to resolve this "lemon law" dispute were unsuccessful and ultimately the case proceeded to trial.

In reaching the verdict, the jury found that GM had been provided a "reasonable number of attempts" to repair Ms. Newman's vehicle but failed to do so. The jury awarded Ms. Newman $7,000.00 in damages representing how much she overpaid for her vehicle due to its defects along with the aggravation of being forced to live with the problems. As a result of the verdict in Ms. Newman's favor, Krohn & Moss, Ltd. was also able to seek and receive payment for its attorneys' fees from GM as is required by various state and federal laws after prevailing in a "lemon law" case. Eric Kaczander of Krohn & Moss, Ltd. who was the lead trial attorney for Ms. Newman in commenting on the jury's verdict stated, "This verdict sends a message to all manufacturers that they need to stand behind their products and the excuse that they are 'working on a fix' for the very product they manufactured and profited from is unacceptable." Mr. Kaczander can be reached by calling Krohn & Moss, Ltd. at (312)578-9428, extension 274 or e-mail Mr. Kaczander directly at ekaczander @ consumerlawcenter . com.

For more information concerning this case, please reference Tazewell County, Circuit Clerk 10th Judicial Circuit of Illinois, Case No. 10 LM 393.

About
The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Gregory Moss, providing legal representation to consumers with defective vehicles and products, consumer fraud concentrating in auto fraud claims such as odometer setbacks, auto dealer financing scams and vehicle history misrepresentations, FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) violations. Visit the Krohn & Moss website at www.yourlemonlawrights.com or you can contact our firm at 888 MY-LEMON (888-695-3666), toll free from anywhere in the US.

SOURCE: http://www.marketwire.com/press-release/krohn-moss-wins-jury-award-in-defective-cadillac-case-against-general-motors-llc-1504199.htm

Motor Vehicle Warranty and the California Lemon Law - FAQs

by Admin 17. April 2011 20:46

In California, a purchaser or lessee of a new motor vehicle has various rights under both state and federal law, if the vehicle does not perform as promised in an express warranty. The Song-Beverly Consumer Warranty Act can protect both the new and used car consumers. The Song-Beverly Consumer Warranty Act is also known as the "California lemon law".

A lemon is a defective car that is found to have numerous or severe defects not readily apparent before its purchase. Any vehicle with these issues can be termed a 'lemon,' and any product which has major flaws that render it unfit for its purpose can be described as a 'lemon'.

Following are some of the frequently asked questions discussed about the California lemon law. If you think that you have landed a defective vehicle in California, you may find quick answers as to how you can take advantage of the California lemon law.

How does the California lemon law protect defective car owners in California?
The California lemon law protects both the new and used car consumers if they do not conform to the manufacturer's written express warranty

  • The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles

What is the protection afforded to me for my lemon buy, by the California lemon law?
The California lemon law states that the manufacturer is required promptly to replace the vehicle or refund the purchase price to you, if you are a lessee or buyer:

  • If the manufacturer or its representative in California, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts

What does the refund include under the California lemon law?
According to the California lemon law the refund:

  • Includes the price paid for manufacturer-installed items and transportation
  • Does not include the price paid for non-manufacturer items installed by the dealer

Do I have a say in choosing a replacement for my lemon buy under the California lemon law?
According to the California lemon law as a lessee or buyer, you are completely free to choose whether to accept a replacement or a refund for your lemon buy.

Am I entitled to any other monetary protection for my lemon buy, under the California lemon law?
According to the California lemon law, be it a replacement or a refund of the lemon buy the manufacturer pays the expenses incurred by you, as the following:

  • Sales or use tax
  • License, registration and other official fees
  • Incidental damages you have incurred such as finance charges, repair, towing and rental car costs

Do I pay for the use of my lemon car, under the California lemon law?

  • According to the California lemon law, as a lessee or buyer:
  • You may be charged for the use of the vehicle while the vehicle is replaced or refunded
  • Charges for the use is determined by multiplying the actual price of the new vehicle by a factor that includes the number of miles traveled by the vehicle before it was first brought in for correction of the problem
  • For example, if your lemon car had traveled 6,000 miles before it was first brought in for correction of the problem, you as a lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage

How long does the California lemon law apply to my new lemon vehicle?
The California lemon law applies for the entire period of your warranty on your lemon vehicle:

  • If your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above
  • If the manufacturer or its representative is unable to conform the vehicle to its express warranty, after a reasonable number of repair attempts to fix the safety issues during the entire period of its warranty

When is the California lemon law NOT applicable to my new lemon vehicle?
The California lemon law/Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered to you.
Follow the terms of the warranty for maintenance and proper use of your vehicle.

What is the statute of limitations for my lemon buy, under the California lemon law?
According to the California lemon law, there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of the Song-Beverly Consumer Warranty Act.
To get the best advantage through the California lemon law, you should act promptly and try to resolve the problem fairly and quickly.

Know Your Illinois Lemon Law Rights

by Admin 17. April 2011 20:15

You buy yourself a brand new dream car in Illinois. This new dream machine of yours would, instead of hitting the road, spend its time and your money in an auto repair shop. If this scenario rings bells in your own case, time you took advantage of the Illinois lemon law.

A lemon is a defective car that is found to have numerous or severe defects not readily apparent before its purchase. Any vehicle with these issues can be termed a 'lemon,' and for that matter, any product which has major flaws that render it unfit for its purpose can be described as a 'lemon'.

Here are a few questions most frequently asked by car consumers in Illinois and answers he must take cognizance about. It is possible that you would find answers to some of the questions that keep bugging you about the lemon status of your new vehicle.

How would I know if my new vehicle is a lemon?
According to the Illinois lemon law, a new vehicle is a lemon if:

  • It has a nonconformity that substantially impairs its use, market value or safety
  • The same nonconformity is not repairable by the dealer or manufacturer in at least four repair attempts 
  • The vehicle is out of service for a total of 30 or more business days

Which are the vehicles covered by the Illinois lemon law?
The Illinois lemon law covers:

  • New cars purchased or leased
  • Light trucks and vans under 8,000 pounds
  • Recreational vehicles, excluding their trailers
  • Vehicles in their first 12 months or 12,000 miles, whichever occurs first
  • Vehicles purchased in Illinois

Which are the vehicles NOT covered by the Illinois lemon law?
The Illinois lemon law DOES NOT cover:

  • Used cars
  • Altered or modified vehicles
  • Motorcycles and boats

How does the Illinois lemon law work?

To get the Illinois lemon law work:

  • The consumer must contact a designated manufacturer representative for the lemon vehicle

How does a designated manufacturer representative help me with my lemon vehicle, under the Illinois lemon law?
Under the Illinois lemon law:

  • This designated representative will ONLY forward the required information and forms to you
  • The Illinois lemon law claims cannot be initiated directly through the dealer

Is there a time frame for filing my claim under the Illinois lemon law?
Under the Illinois lemon law:

Can I proceed under the Illinois lemon law through my car dealer?
Under the Illinois lemon law:

  • Your Illinois lemon law claims cannot be initiated directly through your car dealer

Many a consumer has lost his Illinois lemon law protection because he waited longer than 12 months from the purchase date of your lemon vehicle

How do I go about filing my claim under the Illinois lemon law?
Under the Illinois lemon law:

  • Never ever believe that you can proceed under the Illinois lemon law through your dealer
  • It is extremely important that you file your Illinois lemon law claim with your designated representative before your right to do so expires
  • The time period in which an Illinois lemon law complaint has to be filed is 12 months from the date of purchase of the lemon vehicle

What compensations can I expect for my lemon vehicle under the Illinois lemon law?
Under the Illinois lemon law you can expect one of the following compensations:

  • A replacement vehicle of similar value
  • The manufacturer buys back your vehicle from you, less the value for miles driven

Do I have any other recourse if I fail to get protection under the Illinois lemon law?
If you fail to get protection under the Illinois lemon law there are:

  • Other Federal and Illinois laws that deal with contracts and warranties for new products or cars
  • Before deciding on a particular course of action, you are required to consult a lemon law attorney
  • The lemon law attorney can discuss various alternatives and determine the best course of action for getting your consumer protection against your lemon vehicle

To get the best out of the Illinois lemon law, you should act promptly to try to resolve the problem fairly and quickly to your advantage.

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