Used Car Lemon Law in PA

Used Car Lemon Law in PA
By Greg Artim

I have been practicing law for about 11 years now, and the last few years have been focused on handling Lemon Law claims. The number one question that I receive at my office is "Does the PA Lemon Law cover used vehicles?" As of the date of this writing, 2008, the answer is no. Fortunately, though, there are several other laws that protect you if you have purchased a defective used vehicle in Pennsylvania.

The first such law is the Magnuson Moss Warranty Act, otherwise known as the federal lemon law. The Magnuson Moss Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty.

If the vehicle exhibits defects or non-conformities, and those defects cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law, in an attempt to recover cash compensation, a replacement vehicle, or a full refund, depending upon certain circumstances. The Magnuson Moss Act also provides for recovery of Attorney fees if the individual prevails on his claim.

The next law that protects purchasers in Pennsylvania is the Unfair Trade Practices and Consumer Protection Law. This law, in a nutshell, provides protections to individuals who have purchased defective vehicles, where the seller has made an affirmative representation about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles.

The Unfair Trade Practices Act is a general law that is not limited to vehicles, but rather, it covers all kinds of products and services that are not up to an expected standard in Pennsylvania. Knowledgeable attorneys use this law every day to assist clients with defective product claims in PA.

Another law that provides protections to Pennsylvania purchasers is the Automotive Industry Trade Practices Act. This law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles.

This law hits many different issues that can come up with the sale of a motor vehicle, including advertising, servicing, types of contracts and forms, disclosures, warranties and more. In practice, I have found that this law is not taken advantage of by enough of us who are engaged in the legal profession.

While the Pennsylvania Lemon Law does not provide direct coverage for used vehicles here in PA, it should be clear that there are many other laws that do provide protections and remedies in the event that you purchase a defective used car in Pennsylvania.

Article Source: http://EzineArticles.com/?expert=Greg_Artim

Used Car Lemon Law in PA

Does Pennsylvania Have A Used Car Lemon Law?

Does Pennsylvania Have A Used Car Lemon Law?
By Greg Artim

Pennsylvania does not currently have a specific "used car" lemon law at this time. Fortunately, however, you may be able to bring a lemon law -type claim if you have purchased a "used" vehicle that still had some of the original manufacturer's warranty on it at the time of it's purchase.

If your used vehicle suffered a defect while under the original manufacturer's warranty, there is a federal law called the Magnuson-Moss Warranty Act that covers used cars that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a used car would be covered by this law.

The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards, and in some aspects, its better. Like the Pennsylvania Lemon Law, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim.

If the purchaser can show that the used vehicle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect, the Magnuson-Moss Warranty Act will provide relief to the purchaser.

The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give.

A purchaser of a used motor vehicle is a prime candidate to use this law in the event that he purchases a used "lemon", because the original manufacturer's warranty transfers to all subsequent owners of the vehicle until it expires based upon mileage or a given length of time.

In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective "used" motor vehicles. If your used vehicle has suffered a defect while still under the original manufacturer's warranty, you may be entitled to a full refund or free replacement.

Article Source: http://EzineArticles.com/?expert=Greg_Artim

Does Pennsylvania Have A Used Car Lemon Law?

Texas Lemon Law Scenarios and Your Lemon Car

Texas Lemon Law Scenarios and Your Lemon Car
By Sarah Ballentine

When your vehicle breaks down, it often rearranges your entire week. You have to negotiate repairs, find an alternate means of transportation and possibly even cancel some social plans.

However, within a few days time, your car is ready to drive and perform dependably for the foreseeable future; that is, unless you're driving a "lemon." For almost a century, the term lemon has been used to describe machinery that doesn't live up to its promised level of performance. But today, the term lemon is typically associated with vehicles that don't live up to their warranty.

More specifically, each state has statutes that define a lemon. Lemon Laws vary from state to state; however, as in other states, Texas Lemon Laws entitle consumers to be fully compensated for a lemon. In most cases, Texans who want an expedient resolution to their lemon case consult with a TX Lemon Law attorney to achieve one of two resolutions.

The most common resolution is a manufacturer replacing the lemon with a new vehicle that's comparable in terms of price, expected performance and style. The other form of resolution is when the consumer receives a full refund for the purchase price of the car, minus a mileage based allowance and finance charges, and is also reimbursed for collateral costs.

In most cases, the manufacturer benefits from offering a replacement vehicle because payment arrangements are transferred to the new vehicle. However, the consumer can opt for a full refund instead of accepting a replacement vehicle.

Texas Law considers a vehicle a lemon if its defects significantly compromise its market value or represent a life-threatening safety hazard. However, there are technical requirements that must be met for a vehicle to achieve lemon status. These requirements are met when a vehicle experiences one of three scenarios.

The first scenario that denotes lemon status is when the manufacturer has repaired a vehicle four or more times for the same defect and two of the repairs have been made within the first 12 months of the vehicle's original delivery date or within 12,000 miles, whichever comes first, and the other two repairs have been made within the first 12 months or 12,000 miles following the date of the second repair attempt, but the defect remains.

The second scenario that defines lemon status is when a vehicle's defect creates a serious safety hazard and the vehicle has been repaired two or more times by the manufacturer and at least one of the repairs occurred within the first 12 months or 12,000 miles of the vehicle's original delivery date, whichever comes first, and at least one other repair was made within 12 months or 12,000 miles of the first repair, whichever comes first, but the defect remains.

The third scenario that establishes lemon status is when a vehicle is in the repair shop for a total of 30 or more days within the first 24 months or 24,000 miles, which ever comes first, and at least two repairs were made within the first 12 months or 12,000 miles of the vehicles' original delivery date, whichever comes first, but the defect remains.

However, days out of service in which a loaner vehicle was provided do not count towards the total number of days the vehicle was in the repair shop.

Keep in mind that even if you do not fall into any of the above categories under the state lemon law, you may have a case under the Uniform Commercial Code or the federal lemon law. These laws have a more relaxed standard to overcome, however, the remedy will usually not be a buy-back of your vehicle, but some form of cash compensation and possibly attorney's fees and costs.

You can still get rid of the vehicle if you wish by using this compensation to offset losses, however, the manufacturer will not be taking it back.

Lemon Law cases may be resolved without dispute. But neither is it uncommon for manufacturers to claim that a vehicle's persistent defect is the consumer's fault. In such cases, having a TX Lemon Law lawyer on your side is essential to receiving the compensation that you deserve.

Texas Lemon Laws are designed to protect consumers against purchasing inherently defective vehicles. Many people claim that they drive "lemons". But there is a set of statutes that define a vehicle as being a lemon. If you suspect that you're driving a lemon, consulting with a TX Lemon Law attorney will help clarify your case.

Because Lemon Law cases are time sensitive, contacting a TX Lemon Law lawyer today is essential to the life of your case. In my research for writing this article about the TX Lemon Law, I found a great web site, AmericanLemonLawCenter.com that covered everything I needed to know and more.

Article Source: http://EzineArticles.com/?expert=Sarah_Ballentine

Texas Lemon Law Scenarios and Your Lemon Car

Lemon Laws on Used Cars

Lemon Laws on Used Cars
By Ryan Dillenger

Did you purchase a used car lately that suffered from some sort of issue? A few common issues are things like mechanical failures, engine problems, or body and chassis issues. Regardless of the problem you experienced, it is important to know that there are a few lemon laws on used cars designed to protect you.

However, there are a few important things you have to research and consider before making your claim. First off, you should know that the lemon law is a state to state law, which differs depending on the area you live in. Therefore it is important to know exactly what is covered in your state of residence.

The various lemon laws on used cars also cover certain types of problems, so it is important to know if your exact problem is covered. It is possible that your state only covers certain failures, while another state might cover all of them.

How do you learn more about the law?

The recommended way to learn more about the laws in your state is to seek professional help. In other words, you should find a few lemon law attorneys that practice in the state you live in. These professionals will not only be able to answer your questions, but they will also know the proper steps to take to seek justice on your vehicle.

The other reason why it is highly recommended to seek professional help is because it is very difficult to find up to date information about the law. The worst thing you can do is take your case to court and lose. This not only looks bad but will also costs you a lot of money in court fees.

As you can see, the lemon laws on used cars are very helpful in protecting consumers from defective vehicles. Unfortunately, it is a difficult law to grasp and requires a professional to completely understand how it works.

Need an attorney? You can find a variety of lemon law attorneys in your state using this website.

Article Source: http://EzineArticles.com/?expert=Ryan_Dillenger

Lemon Laws on Used Cars

The NJ Lemon Law Helps You Deal With Your Lemon Car

The NJ Lemon Law Helps You Deal With Your Lemon Car
By Sarah Ballentine

For most of us, a dependable automobile is an indispensable part of our daily existence. Without it, our ability to get to work, attend social events and accomplish errands in a timely manner suffers greatly. In light of this realization, states have enacted what are known as "lemon laws".

Essentially, the laws serve to protect consumers against remaining financially attached to vehicles that consistently fail to live up to their warranty within a certain period of time following purchase or lease agreement. In New Jersey, this period of time is defined in either mileage terms or by calendar.

Specifically, if, within 18,000 miles or two years, a vehicle has been repaired three or more times for the same problem by the dealership or the manufacturer, or is non-drivable for a cumulative total of 20 or more days since its delivery date, it's considered a lemon, entitling the consumer to an exchange or a reimbursement.

However, before the consumer takes action against the manufacturer, the consumer should notify the manufacturer by certified mail of the vehicle's problems and given it 10 days following the notification to resolve the defect(s).

The consumer can send the notice after two repairs for the same problem have failed to resolve it, or after the vehicle has been inoperable for a total of 20 or more days. In most cases, consumers hire a NJ lemon law attorney to submit the notice on their behalf and navigate the courts should a claim be disputed.

There is also the Uniform Commercial Code and what is known as the federal lemon law that may be less stringent than the requirements of the state lemon law. However, normally the remedy will not be a new car or all your money back, but some form of cash compensation instead.

Some state lemon law claims are resolved without dispute; however, vehicle manufacturers have every reason to dispute them. Once a claim is resolved, the owner of a lemon will either relinquish the vehicle to the dealership and receive a comparable vehicle as a replacement or receive a refund of the vehicle's purchase price, minus a "reasonable allowance" based on mileage.

In the case of a refund, the consumer will also be reimbursed for sales tax, license and registration fees, finance charges, towing fees, rental car fees incurred while the vehicle was being repaired and the cost of options or modifications that were installed, arranged or made by the manufacturer within thirty days of the vehicle's original delivery date. A manufacturer can offer the consumer another vehicle, but the consumer has the right to reject the offer and instead receive compensation.

More often than not, a vehicle's warranty expires without the vehicle needing significant repairs. Like almost all mechanical products, automobiles shouldn't start malfunctioning until their components experience significant stress and wear.

Therefore, it's important to realize that a new vehicle that keeps importuning you with the same problem or that spends lots of time in the repair shop probably has a serious mechanical or engineering problem that isn't likely to go away. If you drive a vehicle you think is a lemon; instead of becoming saddled with a financial albatross, contact a NJ Lemon Law lawyer and get the compensation that you deserve today.

Article Source: http://EzineArticles.com/?expert=Sarah_Ballentine

The NJ Lemon Law Helps You Deal With Your Lemon Car

Used Car Lemon Law - More Details

Used Car Lemon Law - More Details
By James L Kirkland

A car lemon is classified as a vehicle that has been repaired four or more times for the same defect that critically impairs its use and value within the warranty period, however the defect has not been fixed. Lemon law is different to each state, so you will need to consult the summary and the state statutes for your own state regulation. Also note that warranty period may or may not coincide with one that manufacturer guarantees.

Many people might not know that there is a used car lemon law in some states, even though it is not available in your local state. Depending on the circumstances, there might be a legal way of addressing this issue surrounding a used vehicle purchase warranty.

Used Car Lemon Laws for states

Actually many states don't have a fixed lemon law for used cars, but it is required that used car dealers should offer at least a minimal warranties on most used vehicles. This way, the warranty requirement can be alternative method that will serve as a lemon law. But unlike new car lemon laws, you will have to rely on the car dealer through whom you will buy a vehicle, not the manufacturer and it will make a difference.

It will vary depending on the state, but generally used car dealers are only required to offer the warranty for a very short period of time following the date of purchase. From the dealer's perspective, there is no obligation to specify how long the warranty should be on any purchased vehicles, as long as they conform to the minimum requirements, which is legitimate.

Most states define a car as lemon when there are 10 different defects during the warranty period. However, in some states, even a single defect causing a serious injury will make the vehicle a lemon in case the manufacturer can't fix the problem within single attempt.

For more specific information about your local state's used car lemon laws or a vehicle warranty requirements, you can go out to look for car lemon site such as carlemon.com. You can find vast amount of information and helpful tips. They also list federal requirements for each state that every dealer should follow.

After you purchased a used car but wondering if it is a lemon, your first choice of advice if your local dealer who you bought your vehicle from. Whether it is a major problem or not, contact the dealer immediately for assistance. In some cases, the dealership will have to refund your purchase, but it is not a requirement for them. They will instead try to fix the problem if the defect is not considered to be a major cause of the impairment to the vehicle operation.

Try to document your repair history and details. You may have a chance of purchasing a lemon car, but if you don't do anything to protect your consumer rights and allow the manufacturer to fix the problem, then you will lose all legal rights under the various state warranty acts.

If you have problem with dealerships who are not willing to fulfill their due diligence under the vehicle warranty, you can ask for the assistance from your state attorney general's office. Most states have dedicated staffs that will help out consumers with new and used car lemon issue.

If you would like to buy a used car, you may want to visit Used Car Lots and have a look around, as there are many available used vehicles from the direct dealership.

More helpful information about Buy Here Pay Here Lots, where you can find many used car dealers and available vehicles.

Article Source: http://EzineArticles.com/?expert=James_L_Kirkland

Used Car Lemon Law - More Details