http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/Federal/do-i-have-a-lemon.html If the paint is peeling, the light switch came out when you pulled on it, the car makes funny noises but otherwise drives just fine, or you found 10 things you don`t like about your new car but none of them prevent you from driving it, then No, you do not have a Lemon. If the brakes don`t work, the car won`t go into reverse gear, the darn thing won`t start on cold mornings or hot afternoons, the rear door opens all by itself, the driver`s seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then Yes, you may have a Lemon, providing you`ve given the manufacturer an opportunity to repair the defect. In most States, 10 different defects during the Warranty Period does not brand the car as a Lemon. In some States, a single defect that might cause Serious Injury makes your car a Lemon if the manufacturer cannot fix the problem within 1 attempt. You may have a Lemon, but if you do nothing to protect your Consumer Rights, such as documenting your Repairs and allowing the Manufacturer a chance to fix the problem(s), you lose all rights under the various State Warranty Acts. Lemon Law Attorney FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/Federal/are-motor-homes-and-motorcycles-protected-by.html Most States cover the drive train portion of Motor Homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few states do include them in their lemon law statutes. If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson­Moss Warranty Act (providing you were given a written warranty). Consult with an attorney that specializes in this area. Lemon Law Attorney FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/Federal/are-used-or-leased-cars-protected-by-lemon-la.html It depends upon which State the car was purchased or leased in. Some states include used and leased cars in their Lemon Law statutes. Some states have separate laws for used vehicles. Some states provide protection only for new cars. In some states, even the Attorney General is unable to tell you if a Leased vehicle is covered due to the way the law is phrased and you will be referred to an Attorney for clarification of the law. See the State Statutes for your particular State to determine what is covered. However, if your vehicle comes with an express warranty, it could also be protected by Lemon Law. An express written warranty can be either a) the balance of a manufacturers warranty, b) a separate limited warranty given by the dealer, or c) an extended warranty or service contract you purchase from the dealer at the time you purchase the vehicle. If you have such a warranty, the substance of the new car Lemon Law apply. Check with an attorney who specializes in this field for more information. Lemon Law Attorney FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/Federal/what-is-the-magnuson-moss-warranty-federal-tr.html The Magnuson­Moss Warranty Act is a federal Law that protects the buyer of any product that costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should. The Magnuson­Moss Act is a federal law giving consumers considerable rights in dealing with manufacturers and car­dealers of lemon automobiles. This law guarantees a car buyer that certain minimum requirements of warranties must be met, and provides for disclosure of warranties before purchase. Regarding lemon cars, this law greatly affects the rights of car buyers. For any product that has a written warranty, if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product. We have argued successfully to juries that the lemon manufacturers and car­dealers should be given three (3) attempts to fix the defect. Continued attempts to repair beyond the initial three (3) should not be allowed. We call this the three strikes and you`re out principle. A consumer may pursue legal action in any court of general jurisdiction in the United States to enforce his rights under the Magnuson­Moss Act. Attorney`s fees based on actual time spent will be covered if the consumer prevails. Due to this particular condition, there is quite a bit of financial pressure on the manufacturer to settle consumer disputes before going to court, as this would keep their expenses down. T. Michael Flinn, www.defect.com, writes this information. Lemon Law Attorney FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/Federal/what-is-the-uniform-commercial-code.html The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of products. The TARR refers to Tender, Acceptance, Rejection, Revocation and applies to different aspects of the consumer`s relationship with the purchased goods. TENDER ­ The tender provisions of the Uniform Commercial Code contained in Section 2­601 provide that the buyer is entitled to reject any goods that fail in any respect to conform to the contract. Unfortunately, new cars are often technically complex and their innermost workings are beyond the understanding of the average new car buyer. The buyer, therefore, does not know whether the goods are non­conforming. ACCEPTANCE ­ The new car buyer accepts the goods believing and expecting that the manufacturer will repair any problem he has with the goods under the warranty. REJECTION ­ The new car buyer may discover a problem with the vehicle within the first few miles of his purchase. This would allow the new car buyer to reject the goods. If the new car buyer discovers a defect in the car within a reasonable time of inspecting the vehicle, he may reject the vehicle. This period is not defined. On the one hand, the buyer must be given a reasonable time to inspect and that reasonable time to inspect will be held as an acceptance of the vehicle. The courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect. REVOCATION ­ What happens when the consumer has used the new car for a lengthy period of time? This is the typical lemon car case. The UCC provides that a buyer may revoke his acceptance of goods whose non­conformity substantially impairs the value of the goods to him when he has accepted the goods without discovery of a non­conformity because it was difficult to discover or if he was assured that non­conformities would be repaired. Of course, the average new car buyer does not learn of the non­conformity until hundreds of thousands of miles later. And because quality is job one, and manufacturers are competing on the basis of their warranties, the consumer is always assured that any non­conformities he does discover will be remedied. T. Michael Flinn, www.defect.com, writes this information. Lemon Law Attorney FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/Federal/what-can-i-expect-from-a-manufacturer-for-my.html A full purchase price recovery should include the price, sales tax, finance charges, and repair costs, but a reasonable amount will be excluded to cover any mileage used. If a replacement vehicle is offered, the manufacturer should refund repair costs and charge nothing for mileage used. Lemon Law Attorney FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Lemon-Law-Overview/Federal/who-pays-the-lawyer.html Only about half of the states allow you to recover attorney fees. If your attorney sues under the Magnuson­Moss Warranty Act, you will be awarded attorney fees if you win. Note that an attorney`s fee is based upon actual time expended rather than being tied to any percentage of the recovery. In some states, you must pay the manufacturer`s attorney fees if you lose. Lemon Law Attorney FAQs Tue, 29 May 2007 21:19:00 GMT