Buying a car isn't as simple as purchasing a radio; you can't just return it if it has a defect. For many years, if you bought a car with manufacturing issues, you were left to deal with it. You could ask the dealer for repairs, but if the problem persisted, you were out of luck. However, the introduction of "lemon laws" has changed the game for car owners across the United States.
In 1982, California and Connecticut pioneered the first "lemon laws" in the United States. These laws were a result of relentless consumer advocacy against major auto manufacturers. They provided a legal framework for owners of defective vehicles to seek compensation or replacement through their state governments. Today, all 50 states have some form of lemon law, offering protection to consumers nationwide.
While the specifics of lemon laws vary from state to state, a "lemon" is generally defined as a vehicle that:
The warranty period for lemon laws typically ranges from one year or 12,000 miles to two years or 24,000 miles. The definition of a "reasonable" number of repair attempts and the number of days a vehicle must be out of service also vary by state. For instance, in some states, issues affecting brakes or other safety equipment may only require one repair attempt to qualify as "reasonable."
Restitution under lemon laws is fairly consistent across states. Manufacturers are usually required to either replace the defective vehicle with one of comparable value or refund the purchase price, including taxes, registration, and delivery fees. While some states allow the manufacturer to choose between replacement or refund, most give this option to the consumer.
If you suspect your vehicle is a lemon, follow these steps:
You may need to go through an arbitration process, where both you and a manufacturer representative present your cases to a panel. The panel's ruling is usually binding on the manufacturer. If you disagree with the ruling, you can still file a lawsuit in court.
Consider hiring an attorney who specializes in lemon law cases. They can expedite the process and increase your chances of a favorable outcome. Always check with your state's Attorney General's office for specific details about your state's lemon law to avoid missing any critical deadlines.
Lemon laws provide essential protection for consumers who purchase defective vehicles. By understanding your state's specific laws and following the appropriate steps, you can seek restitution and avoid being stuck with a lemon. Always consult with legal experts and your state's Attorney General to navigate the complexities of lemon laws effectively.
This article provides a comprehensive overview of lemon laws, their history, and how they can help you if you find yourself with a defective vehicle. For more detailed information, consult your state's Attorney General's office or a specialized attorney.
Home Loans – Identity Theft Protection Could Hurt Home Sales
Identity theft has been a hot topic in the news during the last few years. Just a month or so ago, forty million credit card numbers were compromised due to a computer attack on a credit card processor. Consumers are rightly concerned, as it can take years to unravel the problems created when someone’s identity is stolen. New legislation in Texas and California, also proposed elsewhere, is designed to protect consumers by letting them put a “freeze” on their credit reports. Those in the real estate industry are worried, however, that doing so may make it difficult for some people to buy homes.
Debt Consolidation – How to Protect Your Credit Accounts from Theft
Last week, a security exploit at CardSystems Solutions, Inc, a credit card processor, may have allowed thieves to obtain as many as 40 million credit card numbers from unsuspecting victims. The theft was brought about though a virus introduced into the CardSystems that allowed external hackers to obtain access to the account information. Adding to the problem was the fact that CardSystems wasn’t supposed to have the account information at all. It appears that CardSystems “inappropriately” held onto the information after clearing the credit card transactions. At that point, the account information should have been deleted. CardSystems held onto the account information for supposed “research purposes.” Fortunately for those involved, the compromised information only included account numbers and not Social Security numbers, which would have assisted the thieves in identity theft scams. This latest security breach at a credit card processor outlines how anyone can be vulnerable to account or even identity theft. Is there anything that can be done about it?
New Bankruptcy Law – Targeting the Wrong People?
Last April, President Bush enthusiastically signed into law the oddly-named Bankruptcy Abuse and Consumer Protection Act. This bill, representing the biggest overhaul of bankruptcy law in twenty-five years, was written in order to discourage “bankruptcy of convenience.” Proponents of the bill, which included the credit card industry, say that the bill is necessary in order to stop an avalanche of bankruptcy filings by drug users and compulsive shoppers and gamblers. The law makes it harder to have debts wiped away, requires credit counseling for those considering bankruptcy, and holds attorneys responsible for paperwork errors by their clients in bankruptcy cases. The net result will probably be chaos, as fewer attorneys will handle bankruptcy cases, credit counselors will raise their fees, and more consumers with problem debt will be clueless as to what they should do next. Adding to the confusion are some new statistics that suggest that a large number of bankruptcies that are thought to be personal are actually business bankruptcies. As a result, the new law may be unfairly targeting consumers for punishment when they are not actually the biggest part of the problem. Worse, it could be harming small businesses.
