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

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.

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

Lemon Laws on Used Cars

Understanding the Rules Applicable to Lemon Law Buyback

Understanding the Rules Applicable to Lemon Law Buyback
By Wayne Cowan

Every state has its own version of lemon laws. The names of these laws differ from state to state. Some states do not have any used car laws in force. However, there are other laws which protect the interests of consumers. The lemon law was created in the year 1996 and was meant for those cars which repeatedly fail to achieve the prescribed quality standards.

Cars which fall under this category are called as a Lemon. This law is also applicable to motorcycles, computers, RVs and other such consumer based products.

So, what is this Lemon Law Buyback? Well, this style of buyback is a set of special rules for motor vehicles. Under this law, a manufacturer buys back from an individual his lemon car or vehicle and fixes the problem before selling it as used cars. These lemon cars are registered in the manufacturer's name until they are sold in used car market.

There are many instances where the vehicle buyback can be applied in order to benefit the customer. For example, a person has purchased a car and he discovers that the car is not performing according to the desired quality standards in spite of repeated efforts to rectify the problem. In such instances, a person can take recourse in the buyback rules and claim compensation.

However, if a person has warranties for mileage, performance for a minimum period of one year or for an extended period of five years from the manufacturer and the vehicle is not meeting any of the warranty requirements, in such an instance you can make a claim for breach of warranty under the lemon laws and seek compensation.

Once a manufacturer buys back the vehicle from the consumer under the state buyback rules, he has to get a Title Certificate and Registration Certificate, clearly marked as 'Lemon Law Buyback'. Once this is done, the manufacturer will register the vehicle in his name and put it up for sale at any Auto fairs or auction as a used car.

Lastly, buyback rules have been framed to protect the consumer's interests from unscrupulous manufacturers so that they do not get cheated.

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

Understanding the Rules Applicable to Lemon Law Buyback

Some Commonly Asked Questions Regarding the Lemon Law

Some Commonly Asked Questions Regarding the Lemon Law
By Sarah Ballentine

When your car breaks down, you might refer to it as a "lemon." However, there's a big difference between a car that occasionally behaves like a lemon and a car that meets the legal definition of your State's lemon law. Most people think that a car that has numerous problems while still under warranty is a legal lemon. However, the Lemon Law varies from state to state, and what qualifies as a lemon in one state might not qualify as a lemon in another.

Also, many people do not know that there is a federal lemon law that has a more relaxed standard than the statute. To find out if you're driving a lemon, you should consult with a Lemon Law attorney or review the Lemon Law statutes for your state. However, if you simply want basic information regarding Lemon Law, the following is list of frequently asked questions that may help you out.

- Question 1: What is the legal definition of a lemon?

Each state has different legal criteria for establishing vehicles as lemons. However, a new vehicle that is repaired four or more times within the first year and still continues to suffer from the same defect generally achieves lemon status.

In most states, the recurring problem must be something that significantly reduces the vehicle's use, market value or presents a safety hazard. There is also a federal lemon law which can provide compensation in many instances when a vehicle does not meet the definition of the state lemon law.

- Question 2: How do I know if I have a lemon?

Again, if your vehicle is under warranty and is repaired four or more times for a persistent problem that significantly reduces its use, market value or presents a safety hazard, you probably have a lemon. However, in some cases, a safety hazard that cannot be resolved with only one repair qualifies a car as a lemon.

For conversation's sake, a car that breaks down or has a malfunctioning transmission would most likely qualify as a lemon due to decreased use, market value and even safety, while a car that failed to brake properly would qualify as a lemon due to a safety hazard and market value.

- Question 3: Do I need an Attorney if I have a lemon?

If the dealer is not being helpful and your calls or letters to the manufacturer are not being answered, you may want to avoid aggravating yourself further and wasting time. If you fail, you will have wasted precious time if you then have to hire an attorney. Hiring an attorney generally serves to expedite the compensation process.

- Question 4: Will I be compensated for attorney's fees?

By using a combination of the state and federal lemon law you can generally recover attorney's fees if your case is successful. However, you need to also pay attention to the type of Agreement you have with your attorney as that will govern how attorneys' fees are handled between you and the attorney.

Also, make you should be aware that some states lemon laws require you to pay the manufacturer's attorney's fees under certain circumstances if your suit is unsuccessful.

- Question 5: Can leased cars, leased cars, motor homes and motorcycles be lemons?

By using a combination of the state and federal lemon law you can generally recover for leases cars as well as purchased cars. Some states also protect used cars, although under different statutes than apply to new cars. Most states cover the drive train of motor homes but not the dwelling portion of a motor home. Only a few states protect motorcycles.

In the event that your vehicle isn't protected by state lemon law, you still have rights under the Uniform Commercial Code and the Magnuson-Moss Warranty Act, provided that your vehicle came with a written warranty.

- Question 6: How will I be compensated if I own a lemon car?

Under most state's laws you generally have the option of either receiving a new vehicle that is similar in price, expected performance and style to your current vehicle or receiving a full refund of your vehicle's purchase price, minus a mileage based allowance. In addition, you may also be reimbursed for various collateral costs in either case.

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

Some Commonly Asked Questions Regarding the Lemon Law

Lemon Law Attorneys - Do You Need Lemon Law Information ?

Lemon Law Attorneys - Do You Need Lemon Law Information ?
By Jay Brahmanheimer

If you are looking for lemon law information, you probably know that these laws were created to protect the consumer from what are called faulty vehicles. We may have other names for these cars and trucks that we have purchased that fall apart for seemingly no reason after we have purchased them. Here are some simple suggestions to follow in case you are researching lemon laws.

The first thing that most people need to understand is that you probably cannot file a lawsuit on your own. You need to have a complete understanding of what lemon laws are and filing a lawsuit usually requires retaining a lawyer. It is actually not an easy job to sue a manufacturer unless you have the proper help. This is where an attorney comes in.

There are many competent lemon law lawyers that are available. In fact, they are looking for new clients on a daily basis. The trick is educating yourself first so that when you talk to them, you will understand the language that they will present to you and be on a more even playing field.

The reason that you want to do this is their are many law firms that state their company can serve you the best. However, you will not know this unless you have done a little research and found information on your own. This does not mean that she will be more competent than any attorney, but at least you will understand the language presented and be able to make an educated decision on which one to choose.

The reason you want to be legally represented is that these companies and their employees have experience in this field. They will be able to tell whether or not an automobile is a lemon, or if it is simply having a regular malfunction. None of them want to waste their time and efforts on a case that they have no chance of winning.

Law firms that handle these cases will look at a variety of vehicles including trucks, SUVs, minivans, and ordinary cars that you may have in question. They will also look at campers, motorcycles, boats, and even jet skis. Make sure that you ask the right questions to make sure that they are competent in all areas, especially the one that is affecting you.

The other thing that a good lawyer will provide is the ability to negotiate a higher level and achieve the results. Obviously, attorneys have been to law school and have learned how to handle these situations over several decades. The way that they determine whether or not you are a good candidate for them is through a questionnaire asking about your current situation.

Many states allow you to recover the fees that you will spend when hiring legal aid. The ones that sue under the Magnuson Moss Warranty Act will allow you to receive fees that you have paid out if the case goes in your favor.

Regardless of which one would you choose, you want to be sure that they are licensed and well known. Don't choose an upstart that has no experience in the courtroom or with this particular situation. Finding information on lemon laws is your very first step toward winning a legal battle, but in the end, to make sure you are victorious, you will want to choose a competent lemon law attorney.

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

Lemon Law Attorneys - Do You Need Lemon Law Information ?