Posts Tagged ‘Attorneys Lemon Laws’

Revealed! Vital Lemon Law Information

November 8th, 2010

If you are rummaging through the internet in search of information about lemon laws in Texas, then you either already own a lemon or are about the buy a new car and dread the thought. Either way, you ought to know that the lemon laws in Texas were framed with the sole purpose of offering protection to consumers of vehicles and other products that develop a mechanical, structural or component problem that hampers the proper functioning of the vehicle or the product. And even after several attempts to remedy the situation, if the manufacturer fails to produce desired results; then the consumer can initiate a claim for refund or the replacement of such a product. If you are specifically looking for lemon laws in Texas as they refer to vehicles; here are some tips that will help you to conduct a more effective research on lemon laws.

The first thing to understand after you have established that you may have a lemon on your hands is that there is no way that you can represent yourself in such a case even though legally the option is provided to you. But car dispute matters are not only complicated but also have several bylaws and loop holes in them so it would not make sense to try and represent yourself in such a matter even though the provision exists. Then again, you also have to consider that most car companies have a bevy of lawyers on their pay roll and these guys spend almost all their time fighting off lemon law cases, so think about how difficult it will be to challenge such seasoned litigators in court; therefore, your best bet would be to hire the services of an experienced attorney who is adept at handling matters concerning lemon laws in Texas.

There s certainly no dearth pf lemon lawyer in Texas, the trick here is to educate yourself about what you need and what you are getting into before you talk to one , so that you can understand exactly what they are trying to tell you and his will help you to operate on a level playing field. Even though there are several law firms that specifically handle matters pertaining to lemon laws in Texas, you will need to put in some research to find the best and you will not know how to conduct this research unless you know what you are looking for and what you need in terms of lemon law representation.

An attorney found after diligent research is not necessarily more qualified than the lawyer who lives on your street but you will be able to understand the language in which the information is presented because you will conduct the research after educating yourself about the nuances of lemon law trails and will be able to make an informed decision.

The first par of a lemon law matter is to determine if you indeed have a lemon on our hands; now, each state has its own perquisites that need to be fulfilled on order for a vehicle to be termed as a lemon and your attorney will be able to advise you on this and will help you to determine if you qualify for lemon laws in Texas. An attorney will be able to concretely tell you if you have a chance to win or its just a regular malfunction that will not be able to get you anything.

Another advantage of dealing with an attorney or a law firm that handles cases pertaining to lemon laws in Texas is that they can deal with different types of vehicles, for instance, they can handle vehicles such as RVs, minivans, cars, trucks etc and they will also be able to represent you in cases where you have bought a malfunctioning motorcycle, boat, camper or even a jet ski.

Also, an attorney will be in a better position to negotiate on your behalf and will be able to get a higher settlement from the car company, so it is very important that you consider enlisting the help of an attorney if you suspect that you have a lemon on your hands.

Seomul evans is a SEO consultant for Texas lemon law attorneys.


Revealed! Tips On Improving Your Chances A Lemon Law Case

September 14th, 2010

If you own a vehicle or are contemplating buying your dream car in the state of Louisiana, it would make sense to get acquainted with the lemon laws in Louisiana so that you can know what you are entitled to incase you have a problem with your vehicle. Then there are those of us who are perpetually trying to sort out car problems to the point that it almost rules our life. If you are constantly and consistently dogged by vehicle problems that the manufacturer cannot resolve even after attempting to repair the defect, you can claim compensation in the form of a refund or replacement under the lemon laws of Louisiana.

Apart from the state laws, federal laws are also in place to protect e rights of the consumer incase a defective product has been purchased that cannot be rectified by the manufacturer. The lemon laws in Louisiana not only cover cars but also trucks and motorcycle.

However, before you approach the court in such a matter, you are required by law to sort the issue with the manufacturer through an arbitration process. It is vital to maintain all documentation related to the purchase and the repair of the vehicle, any paper work that point to the defect in the car and any type of correspondence with the manufacturer and dealer. When you keep records, it becomes very easy to prove your claim to the arbitrator so even if you don’t have a problem with your car today, it would still make sense to hold on to all those receipts till the warranty is valid. Here is a look at some tips that will help you to get started with a lemon law case:

Maintain a logbook: This is very important to keep a record of all the occurrences that do not have written documentation to prove that you have indeed been wronged and have had to incur loses due to the faulty vehicle. These include a notation for each time that you communicated with the manufacturer or dealer and any written correspondence that you may have to prove it. You can use a computer like spreadsheet or a notebook for the job. Being meticulous is a very good way to impress the arbitrator ad add credibility to your claim. This is also a good way to prove that you gave the dealer and the manufacturer ample opportunity to fix the issue so maintain all the invoices that you get from the repair shop.

Make a note of the communication: Even if you talk to the dealer on the phone, make it point to maintain a log book with the date , time, name and title of the person you spoke to and his/her phone number; also mention the information or the instructions that you were given.

Note the number of days that you vehicle could not be operated or was not available. This is very important; in your log book, make an entry every time you cannot use your vehicle either because it is not in a working condition or because it has been sent to the repair shop. According to the lemon laws in Louisiana and most other states if you could not operate your vehicle for 30 days after purchase, you are entitled to get a refund or replacement.

Make a record of all the repair attempts: This is one of the most obvious things, yet you would be surprised a the number f people who do not maintain repair records; it is very important to hold on to the original paper work like invoices, repair orders etc; not only those that are associated with the related problems but also others. If you cannot find a previous repair order, ask the dealer to give you a copy. According to the Louisiana Auto Repairs Act, the workshop is supposed to maintain records for two years.

Keep all the documents: This includes every scrap of paper related to your car, regardless of how irrelevant you think it is. You should maintain all records including bills of purchase, any communication with the dealer through certified mail etc.

Seomul evans is a SEO consultant for California Lemon Law Attorneys.


What Do The Lemon Laws In Texas Cover?

September 14th, 2010

The lemon laws in Texas are similar to the federal consumer rights laws; one of the primary constraints to qualify for lemon laws in the state of Texas is that you need to be a resident of the state to apply under the law if you have purchased a vehicle that needs multiple repairs and even after numerous attempts, the manufacturer has failed to rectify the defects under the warranty; also the vehicle must be titles in the state of Texas to avail of the benefits of this law.

What do the lemon laws in Texas cover?

There are several product which are covered under the lemon laws in Texas such as trucks, defective cares, recreational vehicles, motorcycles and even boats, all vehicles or that were purchased with a written warranty including household products such as computers and other consumer durables are covered by the law. If you are dealing with a defective vehicle, you will need to file your claims with the Motor Vehicle Board of the Texas Department of Motor Vehicles. Given below is the criteria to file such a claim; however, the decision rests with the Texas Department of Motor Vehicles. However, if you are not satisfied with the results of such a claim, you can always approach the court in this matter

The procedure and the law:

The steps that you need to take in order to place your claim in front of the state authorities were established in 1991 by the Texas Legislature. There are several lemon laws in Texas that deal with faulty vehicles; however in the simplest form the law states that a vehicle which malfunctions after purchase and it cannot be subsequently fixed by the manufacturer or the dealer despite several attempts is covered by the lemon laws in Texas; however, in order to move court in this matter or to file your claim with the Motor Vehicle Board of the Texas Department of Motor Vehicles; you will have to satisfy one of the three conditions: the four time test, the serious safety test and the 30 day test

The four time test: Through this test the dealer gets two attempts to fix the problem in 12 months or in 12,000 miles whichever expires first after the purchase of the vehicle. The manufacturer or dealer subsequently gets two more attempts to fix the same problem in the next 12 months or 12,000 miles, so essentially, the manufacturer gets four shots at repairing the vehicle in 2 years or 24,000 miles. However, if the manufacturer cannot rectify the problem in these 4 attempts, the consumer can submit a claim or even move court in the matter if a satisfactory resolution is not reached.

The safety hazard test: It would be difficult to determine which is better the four time test or the safety hazard test if a safety hazard indeed exists; however, you need to understand that a safety hazard is interpreted rather broadly, you can expect the rule to be quite stringent to file a claim in this context. Several problems can be deemed to be safety hazards; for instance, a brake failure or even malfunctioning rear lights. Even safety belts that work improperly can be considered to be a safety hazard. However, the Motor Vehicle Board of the Texas Department of Motor Vehicles does offer certain allowance so that the manufacturer can get ample of opportunity to correct the issues before lemon laws in Texas are applied to the matter. However, since a safety hazard can jeopardize the life of the driver and other people on the road, the manufacturer only gets 2 attempts to fix the issue, o the manufacturer can try and rectify the issue once in the first 12 months or 12,000 miles and one more attempt to do the same in the next 12 months or 12,000 miles. If after both opportunities the manufacturer still cannot yield satisfactory results; then the consumer can submit a claim,

The 30 day test:
According to this test, the dealer or manufacturer can only keep the vehicle for up to 30 days in order to rectify a problem; however, these days don’t have to be consecutive. But only 30 days are allowed in the first 24 months or 24,000 miles.

Seomul evans is a Website Marketing consultant for Texas lemon law attorneys.


Revealed! The Intricacies Of Lemon Law In Louisiana

September 13th, 2010

According to the lemon laws in Louisiana, you will need to notify the manufacturer about any problems that you may have with the vehicle while the warranty is still in effect or within 12 months of vehicle purchase; whichever comes first. Regardless of the state you live in, if you have a lemon on your hands, you will be doing yourself a favor by enlisting the help of a lemon law attorney. Auto manufacturer have a team of lemon layers by default who spend all their waking hours warding off customers who have lemon law claim against the company, so do you really think that you would stand a chance to win a suit against these seasoned litigators? On the other hand, when you bring in an attorney from your side, you are telling the manufacturer that you mean business and you are certainly not one of those complainants who can be easily brushed away.

It is also important to understand that enlisting the help of an attorney who can handle claims related to lemon laws in Louisiana will not cost a you dime, because most of these lawyers work on a no obligation basis; if you win the case they collect their fees from the manufacturer as awarded by the lemon laws, so they only take on a case when they feel that it has merit and that they can win you compensation in court.

However, before you approach a lawyer, according to the lemon laws in Louisiana, you are required to file for any arbitration program that the manufacturer may have in place.

The Hearing:
Typically any lemon law claims that involve the manufacturer’s dispute resolution process will include an arbitration hearing. In the hearing, an arbitrator who i adept at handling matters related to lemon laws will preside over the session. You, as the consumer will have the first opportunity to present your claim in front of the arbitrator, the manufacturer or a representative of the manufacturer will also be given a chance to refute your claims. You can expect to find the manufacturer’s attorney to attend such a hearing and he/she will have the right to question you and vice versa. You can also bring in witnesses and you can also get your vehicle to te hearing unless operating it may present a hazard.

The arbitration hearing is not a formal as a court hearing; you will still need to prepare your case in advance if you want to win the dispute. Ensure that you have all your documents in place such as copies of any correspondence with the manufacturer, bills, repair orders etc. Also bring along a detailed diary of the work done on the car with any relevant paper work, the diagnosed problem, financial records, odometer reading , appraisals, statements fro exerts and mechanics and also from any witnesses who may have seen you try to tackle the issue. It is very important to present all this documentation in a chronological order so that the arbitrator can easily understand the problem.

You will also need to conclusively prove that the defect in the car is impeding its functionality or has drastically lowered its market value or that the vehicle has been made unsafe due to the defect. Proof is absolutely vital in such a hearing don’t expect to win this one with the he said , she said tactic. If the verdict of the hearing is in your favor, the manufacturer will get a month to either give you a refund or a replacement.

What about going to court?
If you are satisfied with the resolution provided at the arbitration hearing, you do not have to go to court; however, if the ruling was not to your satisfaction, you do have the right to move court in the matter. In this case, it is absolutely vital that you seek the help and advice of an attorney at the earliest.

According to the lemon laws in Louisiana, you get three years from the date of purchase or one year after the expiry of the warranty to file such a suit. The attorney will do most of the heavy stuff for you but expect the litigation process to be divided into various stages.

Seomul Evans is a Website Marketing consultant for Lemon law attorneys.


Help! Is My RV Protected Under The Lemon Laws In California?

September 10th, 2010

Lemon laws in California protect the buyers of all sorts of automobiles including recreational vehicles and this hold true in most states. If you reside in a state in which the lemon laws also cover RV purchases then here is some information that will prove vital if you ever consider going in for a lemon law claim.

To begin with, you need to understand that lemon laws differ from state to state so it is imperative to check what is the stance of the lemon laws of your state; particularly, in relation to the purchase of recreation vehicles and if defects in a recreational vehicle are covered by the laws of the state that you reside in. Lemon laws in California cover all vehicles used and new including recreational vehicles as long as the defects in a vehicle arise while it is still covered by warranty. However, or other states it is essential to be informed about the lemon laws in the states that cover RV so that you will know where you stand in case of an issue even before you purchase the vehicle.

Even the state lemon laws do not cover you; protection is still offered under federal laws. The Magnuson-Moss Warranty act covers recreational vehicles along with other types of automobile at a federal level. According to this act, you have coverage for any product that you have purchased which supersedes a specific value and which was bought with a warranty. This act also applies to some degree in case of recreational vehicles and covers problems with warranty repairs by the dealer.

In order to claim any compensation, it is essential that the warranty offered on the vehicle be valid at the time of the problem. If the warranty has expired, you are not covered by any law and you will have to put up with the lemon as long as you ant find another buyer to take it of your hands and there are; of course, rare chances of that happening. You will be stuck with the bill for repair of such a vehicle. But in case the warranty is valid; you can take the manufacturer to court and demand compensation or replacement of the vehicle. You will need to provide evidence of the fact that despite appropriate usage as recommended by the manufacturer the defect occurred and even after the manufacturer tried to repair it a reasonable number of time; there was no improvement or that despite fixing a specific problem; other problems keep arising and are causing you to ground the vehicle for more than thirty days after purchase.

According to the lemon laws in California and the Magnuson-Moss Consumer Warranty Act; the problem has to be serious enough to impede the operations, performance or safety of the recreational vehicles in order to file a claim. If the vehicle fails safety standards and you have made repeated attempts to contact the dealer and furnish details of the problem but to no avail and even after several attempts to repair the vehicle by the manufacture if the problem has not been resolved; you can qualify for protection of your consumer rights under these acts.

You must have an active warranty. If you do not, you are not covered under any law, and will be stuck with the bill for repairs or keeping the unacceptable vehicle. If you’re covered, you can use this law to take any dealer or manufacturer to court to win back costs or replacement. You have to provide evidence that a dealer has been given reasonable opportunity to fix the problems you’re having and has failed, or that new problems continually seem to arise causing you to lose over 30 days of road time across an 18 month or less period.
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Unlike other automobiles, in case of recreational vehicles, any accessories will not be included in the purchase cost to be refunded so you will have to be prepared to lose some amount of money even if you win the case and get compensation from the manufacturer. However, your recreational vehicle does not have to be new to claim compensation under the act; however the warranty has to be valid when the problems started occurring. Since recreational vehicles are expensive and high end acquisitions, it will do you good to purchase extended warranty for your RV.

It is worth noting that accessories are not included in any refund costs and you must be prepared to take a loss if these have been added.

Seomul evans is a SEO consultant for California Lemon Law Attorneys.


Revealed! The Procedure To Get HUD/FHA Compliance For The Foundation Of A Manufactured Home

September 8th, 2010

According to HUD Code (HUD-7584), in order to gain compliance for a manufactured home, you will need to ensure that the structure and the foundation of the home are constructed in accordance with the Permanent foundation Guide For Manufacturing Homes. It is also essential to secure foundation certifications provided after due inspection to determine compliance of the structure with HUD 7548.

There are several compliance criteria in the guide and these have to be met at the minimum to get certification; some of these criteria are:

* There should be a permanent skirting around the perimeter
* The house should also have anchorage so that loads caused to wind and earthquakes can be resisted.
* There should be permanent piers that support the structure
* And others.

You will also need to get a certification from a professional engineer in your state, mentioning that the foundation of the structure is in compliance with the HUD code. M.Hs are site specific and also loan specific, so there isn’t a one size fits all kind of solution and this calls for the separate evaluation of each M.H.

You may also be wondering why the services of a professional engineer need to be enlisted in order to get such a certificate. The foundation system of a home is crucial and complex and complicated engineering design processes go into its making. So it becomes vital to get the certification done by a professional engineer to safeguard the assets, property and the life of the home owner in the interest of public welfare.

An experienced and qualified professional engineer will be in a better position to evaluate the compliance of the foundation of your manufactured home with the HUD code; professional engineers are also intimately familiar with the working of the manufactured home industry and this makes them the ideal choice to carry out such an important inspection. However, you need to understand that not every professional engineer has the experience to undertake such an inspection and offer a certificate of compliance; there are many engineers who do not have to experience to conduct a proper inspection and evaluation of the site; they are also in no position to determine the compliance of the foundation with the HUD code. So, it is imperative that you hire the services of an engineer who has ample of knowledge in terms of the HUD standards and the HUD code book. He/ She will also need to have a keen understanding of the manufactured housing building industry.

There are very good chances that your manufactured mobile home may be complaint with the HUD code as-is and you may not have to spend a dime to make any changes to the structure. However, there is only one way to make this determination, through a thorough and complete on-site inspection. If your manufactured home is not HUD complaint and if you now intend to make changes to the existing structure in order to bring it up to the standards of HUD’s Permanent Foundation Guide, it will be essential to hire the services of a professional engineer who is familiar with the certification process and the perquisites from day one so that he can guide you in the right direction and save a lot of time, money and effort.

If you intend to purchase a manufactured home, you should definitely ask the manufacturer about its compliance with the HUD code; there are many unscrupulous establishments that make the false claims of HUD compliance. If a certificate has not been furnished or if you don’t have a legal document stating that the manufactured has claim that he structure is HUD compliant, you will be able to do very little legally and may have to undertake construction effort to bring it up to compliance from your own pockets. However, if you do have a document that says as much, you can get in touch with a HUD code attorney. There are several laws in place that protect the rights of the consumer and an HUD code attorney will be able advise you on the appropriate course of action.

Seomul evans is a SEO Services consultant for California Lemon Law Attorneys.


Lemon Laws In California 101

September 6th, 2010

Lemon laws in California are covered by the Song-Beverly Consumer Warranty Act; these laws were drafted with the intention to protect the rights of consumers who buy defective motor vehicles and stand the risk of losing money through the use of a faulty product.

The Song-Beverly Act expressly states that if manufacturer or business that have been contracted by the manufacturer and act on his behalf cannot repair the issue in a reasonable number of attempts; the manufacturer is obligated by law to either repair the vehicle ensuring that the defect does not arise again, replace the vehicle or return the consumers purchase price.

It is entirely at your discretion, as a consumer, whether to take the compensation or a replacement. The monetary compensation or refund not includes the base price of the vehicle but also any manufacturer installed components as well. Apart from this, the manufacturer is also responsible for reimbursing the consumer for any additional expenditures that he may have incurred when purchasing the vehicle such as sales tax, official fees, registration amount, repairs, towing charges, finance charges and any other cost that were incurred because of the faultiness of the vehicle.

The law is applicable for the entire duration of the warranty period; this means that if you have a four years warranty and the vehicle malfunctions after three and a half years, you would still be eligible or a refund or replacement. However, in this case the manufacturer may charge you for the use of the vehicle and deduct the amount the purchase price to be refunded. On the other hand, the manufacturer may even consider offering you a replacement. However, the law only applies if the manufacturer or its representatives have tried a reasonable number of times to rectify the fault but have not been successful at doing so.

People often wonder about the definition of reasonable attempts and what number of repair attempts would be considered reasonable. The lemon laws in California explicitly mention that in case of serious problem that has the potential to cause harm or even prove life threatening to the driver of the automobile, two or more unsuccessful attempts to repair the vehicle would be considered adequate. However, of the problem is nearly not as serious, the law gives the manufacturer four or more attempt to rectify the problem.

Also, in case of a serious structural or mechanical problem, if the manufacturer has had four or more chances to repair the vehicle and f the consumer has notified the manufacturer about the issue at least once; this would be grounds enough to claim a refund or replacement. Another clause is the number of days for which the vehicle has been inoperable die to the defect. If the vehicle could not be operated for thirty or more days due to the problem arising due to the defect since it was purchased; this again would present substantial grounds for a refund or replacement claim.
However, as a consumer, you also need to understand that the court is going to allow the manufacturer to appear in court with due legal representation as well. Also these laws are guidelines and not hard core statutes that the court has to abide by.

The manufacturer’s attorney will be given the opportunity to negate your claim and discredit your case; so, it is essential to have all your facts right. Also, you will need to enlist the help of an attorney who has ample of experience in dealing with cases concerning Lemon laws in California. There are several loopholes and finer points to dispute, so these cases are often very complex.

You also need to understand that claims will not be entertained if the vehicle has malfunctioned due to rough usage or the consumers fault. It is also essential to consider a legal recourse as soon as the problem is apparent. The sooner you approach the court, the more opportunity you will have to discredit the manufacturer’s claim and prove that you have indeed been wronged.

Seomul evans is a SEO Services consultant for California Lemon Law.