While every state has a lemon law, not every law is exactly the same. Therefore, it is important to understand what is and is not covered to protect you and your loved ones.
Maine lemon law provides various forms of protection for new car owners, as well as owners of used cars under certain circumstances. Under Maine lemon law, if a new vehicle does not conform to the express warranties, the consumer must report the nonconformities to the manufacturer who is obligated to repair the problem free of charge.
If the manufacturer or its authorized dealer cannot fix a defect that affects the vehicle’s use, value, or safety after a reasonable number of attempts under the warranty, they must replace the vehicle or refund the consumer’s money. The refund covers the full purchase price or lease payments, collateral charges such as tax and fees, and reasonable costs incurred by the consumer such as towing, storage and alternate transportation (rental cars). Under Maine’s lemon law, a reasonable number of repair attempts includes:
- Three or more tries for the same nonconformity during the first three years of ownership or 18,000 miles;
- One or more repair attempt when the nonconformity causes a serious brake or steering failure; or
- The repair attempts result in the vehicle being out of service for a cumulative total of at least 15 days.
In addition, consumers must notify the manufacturer or dealer in writing of their desire for a refund or replacement. After receiving the consumer’s notice, the manufacturer has one final opportunity to repair the nonconformity before issuing a refund or offering replacement vehicle.
If your car is a lemon, Southern California lemon law attorney Howard D. Silver, can help. Call the Law Offices of Howard D. Silver at (866) 49-LEMON today for a free consultation.
All across the United States, lemon vehicles cause consumers financial and emotional difficulties. Therefore, every state has a lemon law, including Wisconsin.
The Wisconsin lemon law sets up provisions for consumers that either buy or lease a new vehicle that is a lemon. To qualify for relief, the car, truck, motorcycle, or motor home must be not more than one year old, still under warranty and have a defect that the dealer cannot fix in a maximum of four attempts or the vehicle is in service for warranty repairs at least thirty days.
Such defects must be “serious” and affect the use, value, or safety of the car. Once the vehicle has been officially declared a lemon, the manufacturer must either replace the car or refund the purchase price, minus a reasonable amount for mileage.
Under Wisconsin law, used cars do not qualify as lemons unless it’s within one year of the original owner’s delivery date or expiration of the original manufacturer’s warranty. If the vehicle does not qualify, consumers may still be protected under various other regulations, such as the Federal Trade Commission’s (FTC) Used Car Rule or the Unfair and Deceptive Arts and Practices (UDAP) law.
Lemon vehicles cause problems and losses for consumers across the nation. If you believe your vehicle is a lemon, Los Angeles lemon law lawyer Howard D. Silver, can help. Contact the Law Offices of Howard D. Silver for a free consultation about your case by calling (866) 49-LEMON.
The New York lemon law is similar to what exists in other parts of the United States. There are rules protecting both new and used car owners from vehicles that require multiple repair attempts for a problem that affects the use, value or safety of the vehicle.
The New York new car lemon law applies to vehicles that have less than 18,000 total miles or are under two years old. When the vehicle has a serious problem or defect that is not fixed after four or more repairs or is out of service for a minimum of 30 days, it can qualify as a lemon. If a consumer then goes to arbitration and wins, he or she can receive either their money back minus an allowance subtracted for mileage or a replacement vehicle that is comparable to the car in question. Used cars that are purchased with less than 18,000 miles may also be classified as new cars.
When a car is purchased or leased from a dealer with over 18,000 miles or is older than two years, it is subject to the New York used car lemon law. Dealers must provide a warranty for used vehicles in the following manner:
- A 90 day/4,000 miles warranty for cars that have under 36,000 miles;
- A 60 day/3,000 miles warranty for cars that have between 36,000 and 80,000 miles; and
- A 30 day/1,000 miles warranty for cars that have between 80,000 and 100,000 miles.
Whatever state you’re in, the lemon law can be complicated. That’s why you may need an experienced attorney to sort through the details and get the best results possible. If you believe your car is a lemon, the Ontario, CA lemon law lawyer Howard D. Silver can help you today. Call (866) 49-LEMON for a complimentary consultation on your case.
Connecticut was actually the first state to enact a consumer Lemon Law in the United States. Under Connecticut Lemon Law Statute Chapter 743b, “Automotive Warranties,” consumers are permitted to file a lemon law claim by one of two ways: government supervised arbitration or private litigation against the automotive company.
The lemon law in Connecticut covers new motor vehicles that are bought or leased in the state that:
- Fail to follow the terms of the carmaker’s express warranty;
- Possess significant manufacturing problems that affect the function, safety, or worth of the car (not caused by the new owner); or
- Possess significant manufacturing faults that happened in the first two years of ownership 24,000 miles registered on the odometer, whichever occurs or ends first.
Every claim is treated on a case-by-case basis by the government arbitration panel. However, the likely outcome from a successful Connecticut lemon law case is:
- An equivalent replacement vehicle issued by the manufacturer; or
- Repayment of the purchase price with potential deductions for related damages or losses.
Typically, the panel reaches a decision within 60 days from the day that the claim was received.
If you believe your California vehicle may be a lemon, contact the Southern California lemon law attorney Howard D. Silver at (866) 49-LEMON for a free consultation.
Alabama lemon law is similar to other states in that the owner of a problematic new vehicle may be able to obtain a replacement vehicle or a refund of his money, if the manufacturer fails to fix the problems after a reasonable number of attempts.
Lemon law in Alabama (found under state statute 8-20A) only pertains to new motor vehicles, described as any self moving vehicle primarily used on municipal roads, and which possesses a carmaker’s gross vehicle weight rating (GVWR) of under 10,000 pounds. For that reason, motor homes are not protected under AL lemon law.
A vehicle is deemed a lemon if its imperfections cannot be satisfactorily reconciled after at least three repair attempts by the carmaker. It can also be deemed a lemon if the car is held in the manufacturer’s possession for 30 calendar days or more for repairs. That said, these conditions only apply when the repair attempts occur during the first 24,000 miles or 2 years of ownership, whichever happens first. Also, a manufacturer must be informed in writing about the problems during the first 12,000 miles or one year following the initial sale.
Lemon laws can be complex and confusing, varying from state to state. That’s why you may wish to consult an experienced lemon law attorney in your area for help. If you think your car may be a lemon, call Southern California lemon law lawyer Howard D. Silver at 1-866-49-LEMON for a free consultation.
On Monday October 3rd, Governor Jerry Brown signed a new bill (AB 1215) into law that puts California at the forefront of lemon law progress. The law mandates that both new and used car sellers verify the condition of their used vehicles using a federally run database. If the database uncovers any significant problems in a vehicle’s past, the seller is required to flag it with a red “buyer beware” sticker. No other state currently has a provision like it.
As the Consumers for Auto Reliability and Safety’s president Rosemary Shahan told The New York Times Wheels blog, the law aims to protect and save car buyers’ money by making them aware of potential problems in a vehicle’s history before they purchase the car. The database that will be used to check the cars starting next July, is the National Motor Vehicle Title Information System, adopted in 2008 by Congress and run via the Justice Department. It contains information on vehicles collected and submitted by states, insurance companies, junk yards, and salvage lots. The database is available to everyone for a nominal fee, and utilized by state DMV offices and police departments.
While the bill has been backed by many organizations, including the California New Car Dealers Association and the National Independent Automobile Dealers Association, used car sellers have expressed dissatisfaction with the bill (used car giant Carfax formally opposed the bill at a July hearing).
Do you think your car is a lemon? Contact California lemon law attorney Howard D. Silver at 1-866-49-LEMON for a free consultation.
South Dakota lemon law protects consumers who purchase a motor vehicle primarily for personal or family use. The vehicle can be new or used, if previously untitled, but does not apply to leases, motor homes or vehicles with a gross vehicle weight rating of more than 10,000 pounds.
South Dakota says a vehicle is a lemon if:
- it is defective to the point where it detracts considerably from the vehicle’s worth, safety, or operation;
- the problem is rooted in manufacturing faults emerging on their own or with standard operation of the vehicle (misuse, alteration, or disrepair by the consumer is not covered); and
- the condition is not in compliance with the warranty issued by the manufacturer.
The law applies during the first year of operation or 12,000 miles of driving, whichever occurs first. Also, the manufacturer’s responsibility applies for two years from the time of purchase or 24,000 miles on the odometer, whichever occurs first. During that period of time, if the car is subject to four or more unsuccessful repair attempts, or the vehicle was not functional for 30 or more days, the manufacturer is responsible for either replacing or buying back the vehicle.
Lemon law can be complex and exhaustive. Thus, if you believe your vehicle is a lemon, California lemon law attorney Howard D. Silver can guide you through the process . Call 1-866-49-LEMON for a free consultation.
Montana’s Lemon Law (or officially the “New Motor Vehicle Warranty Act”) provides consumers in the “Treasure State” with protection for any vehicle, including the nonresidential portion of a motor home, moved by its own power, and manufactured primarily to transport people or property on the public roadways. However, the law does not apply to motorcycles, non-motorized off road vehicles, or trucks with a gross vehicle weight rating of more than 10,000 pounds.
According to the Montana Department of Commerce, a vehicle is a lemon if there have been 4 unsuccessful attempts for the same problem or the vehicle has been out of service for warranty repairs 30 or more business days during the first two years of ownership or 18,000 miles whichever occurs first. Similar to other states, when the repair attempts to the vehicle are unsuccessful, the manufacturer may have to replace the lemon vehicle.
On the other hand the Montana Lemon Law does not apply when the problem(s) with the vehicle arises from abuse, an accident, modification or neglect. It also does not cover used vehicles, or vehicles bought for business use.
To make sure your rights are protected, be sure to keep all records and written communication pertaining to the car, including purchase or lease documents, repair orders, maintenance records, receipts for maintenance supplies and any other pertinent document relating to vehicle malfunctions.
Do you think your vehicle is a lemon? California lemon law attorney Howard D. Silver can help you determine whether your vehicle is a lemon and help you aggressively and efficiently file a claim in the event it is. For a free claim review, call 1-866-49-LEMON.
Alaska’s lemon law has several unique aspects that relate to the state’s harsh climate and varied terrain. For example, in 2009, a law was passed that granted consumers the right to demand a refund of their money or a replacement of an all terrain vehicle (ATV), boat, or snow machine if it has a defect that cannot be repaired within one year of purchase. In these instances, if during one year of the vehicle’s delivery date, or during the warranty, the vehicle is unable to be repaired after a reasonable amount of attempts (presumed to be three), the manufacturer is required to replace the product or refund the purchase price. However, consumers must give the manufacturer written notice within 60 days after the warranty ends or 60 days after the one year anniversary of the purchase date of the vehicle.
Besides these special exceptions, the lemon law in Alaska offers protection to consumers purchasing new motor vehicles. The law does not apply to used vehicles. To qualify, a vehicle must have a defect or problem that affects the vehicle’s use or market value (the law does not make provisions if the nonconformity impairs the safety of a vehicle). If a new vehicle is discovered to be defective and cannot be repaired after a reasonable number of repair attempts, the law requires the automaker provide consumers with a refund or replacement vehicle. Under the Alaska lemon law, a reasonable number of attempts is defined as three repair attempts or if the vehicle has been out of service for a total of 30 or more business days. The law provides manufacturers and dealers with some exceptions, such as being unable to repair a vehicle due to reasons beyond their control, such as natural disasters or labor disputes.
Besides the headaches relating to getting a new vehicle repaired multiple times for the same defect, having a lemon vehicle poses other problems, causing consumers to face financial hardships due to repair costs as well as the inconveniences associated with having a vehicle out of service. If you believe your vehicle may be a lemon and you’re searching for a solution, Howard D. Silver can help. Mr. Silver is a California lemon law attorney and can assist you through the process of concluding whether your vehicle is a lemon, as well as help you with filing a claim. To schedule a free consultation, call 1-866-49-LEMON.
The Hawaii lemon law provides assistance to consumers who purchase or lease a new motor vehicle and have recurring difficulties getting the vehicle fixed during the manufacturer’s warranty. The law can assist consumers in obtaining a replacement vehicle from the automaker or a refund of the vehicle purchase price.
Under the lemon law in Hawaii, coverage is offered to new motor vehicles, including demonstrator models. The vehicle also must be purchased, leased, or initially registered in the state, and be used for personal and/or business reasons. The Hawaii lemon law does not cover motorcycles, motorized scooters, mopeds, or vehicles that weigh more than 10,000 pounds.
A vehicle is considered to be a lemon if certain criterions are met, such as having a nonconformity that is covered by the manufacturer’s warranty and the defect significantly impacts the use, market value, and/or safety of the vehicle. Also in Hawaii, consumers are required to make an effort to have the nonconformity fixed during the Lemon Law Rights Period, and give the manufacturer written notice of the defect and a reasonable chance to fix the problem. Consumers must also file an arbitration request within a year after the Lemon Law Rights Period has expired. According to the Hawaiian Department of Commerce and Consumer Affairs, the Lemon Law Rights Period expires two years after the vehicle’s original delivery date to a consumer, or after 24,000 miles of operation, whichever happens first.
From state to state, the lemon law can vary, as can the protections offered to consumers who have purchased a defective vehicle. If you believe your vehicle may be a lemon, or if you have other questions relating to the California lemon law and consumer protection, contact attorney Howard D. Silver. Mr. Silver can provide the answers you are seeking and help you determine whether your vehicle qualifies for coverage. Call 1-866-49-LEMON.
