Lemon Law

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:

1. it is defective to the point where it detracts considerably from the vehicle’s worth, safety, or operation;
2. 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
3. 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.

The Victoria Advocate in Victoria, Texas, reports that a mother alleges that a used car dealer knowingly sold her daughter a lemon vehicle. Now, the woman is looking to get back the $3,600 her daughter spent and ensure other customers don’t suffer the same fate.

According to the article, the girl, who graduated recently from high school, saved money from babysitting to purchase a car, finally deciding on a 2000 Volvo. However, a few days after purchasing the vehicle, the transmission slipped and the head gasket malfunctioned, which sidelined the Volvo and left the 17-year-old girl stranded on several occasions. According to the mother, when she complained to the dealer about the problems, the dealer told her to take a hike. The woman is planning to file notice with the dealer to allow him 15 days to correct the problems, and if he fails to do so, she will file a civil lawsuit against him, demanding a full refund of her money or repairs to the vehicle.

Also part of the woman’s complaint is that the dealer allegedly told her and her daughter that the vehicle operated fine and that if it did not, he would repair it. The dealer also reportedly pressured the women to purchase the vehicle without having it inspected. In fact, after the vehicle broke down, an independent mechanic inspected the Volvo and concluded that the vehicle was in bad shape. The mechanic could not say, however, whether the vehicle was defective at the time of purchase.

The vehicle is not protected under the Texas lemon law since the law pertains only to the sale of new vehicles. Additionally, unlike the California lemon law, which does protect used vehicles under specific circumstances, the Texas law only applies if problems arise within the manufacturer’s warranty, and the warranty for the 2000 Volvo ended some time ago. Notwithstanding, the consumer in the Texas case may still have rights against the seller of the Volvo if the they misrepresented the vehicle’s condition.

If you believe your vehicle is a lemon, contact Howard D. Silver, a lemon law attorney in Ventura County, CA who can launch a careful investigation into your situation to determine whether it qualifies for coverage under the state lemon law. Call 1-866-49-LEMON for a free consultation with Mr. Silver today.

In North Dakota, the lemon law applies only to new and leased cars. Used vehicles, motorcycles and RVs are excluded from protection under the lemon law. The law entitles owners of a lemon car to receive a comparable vehicle in exchange for the lemon or return the lemon for a full refund of the purchase price (minus a deduction for use).

A car qualifies as a lemon only if the problem “substantially impairs the use and market value” of the car. The defect must be reported within one year of the purchase date or within the term of the warranty. If the problem cannot be repaired after three attempts by the manufacturer or the vehicle is out of service for a total of 30 days during the first year of ownership, it is considered a lemon.

If the criteria described above is met, the vehicle owner must try to settle the issue through arbitration with the car manufacturer. If the owner is not happy with the outcome of the arbitration hearing, he or she may hire a private attorney and sue for a new car or refund. The owner must bring the action against the manufacturer within six months of the expiration of the warranty or 18 months from the date the owner received the car, whichever comes first.

The manufacturer may resell a lemon car if they provide a 12 month/12,000 mile warranty that begins on the date of the resale. The manufacturer must also provide a statement saying that the car had previously been returned as a lemon.

Lemon laws like those of North Dakota, are often complex and may be difficult for consumers to navigate alone. California lemon law attorney, Howard D. Silver has years of experience dealing with lemon laws and will defend the rights of his clients. To discuss your case with Mr. Silver, call 1-866-49-LEMON today.

Minnesota’s lemon law covers new motor vehicles purchased or leased in Minnesota. The law includes passenger vehicles, pick-up trucks, vans and parts of an RV. Used vehicles that are still under the original manufacturer’s warranty are also covered. The vehicles must be used at least 40 percent of the time for personal, family or household purposes. The first report of a defect must occur within the warranty period or two years, whichever comes first, for the law to apply.

In Minnesota, the manufacturer or authorized dealer must repair the vehicle, even after the warranty has expired, if the defect is covered by the warranty and the problem was initially reported during the warranty period or within two years of purchase. The law says that the vehicle owner may qualify for a refund of the purchase price or a replacement under the following circumstances:

• Four or more unsuccessful attempts to repair the defect have been made, or
• One unsuccessful attempt to repair a failure in the steering or braking system that could cause serious injury or death, or
• The car has been out of service for 30 cumulative business days

The manufacturer is not required to give a refund or a replacement if the defect does not significantly reduce the use or value of the vehicle or the problem occurred because of abuse, neglect or alterations by the owner.

Lemon laws vary by state and often include specific criteria that must be met in order for a vehicle to qualify. If you have purchased a lemon vehicle in California and need guidance through the process, call California lemon law attorney, Howard D. Silver at 1-866-49-LEMON today.

In Nebraska, a lemon vehicle is defined as a vehicle “with a defect which substantially impairs use or market value and cannot be repaired after reasonable attempts”. To qualify under the law, the vehicle must have been purchased in Nebraska, be under warranty, and be less than one year old when the manufacturer is notified of the problem. The vehicle can be used for any purpose and be any size, including a motorcycle or semi-truck. The law excludes self-propelled motor homes and trailers.

A ‘defect’ in Nebraska means that the vehicle has been to the dealer four or more times to repair the same problem or that the owner has been unable to use the vehicle for forty or more days. There are exceptions to these rules. For example, if the defect in the car endangers the life of the operator, four repair attempts are not required before the car is considered to be a lemon. Conversely, an insignificant problem that remains unrepaired after four attempts is not considered a defect for the lemon law.

Nebraskans have a choice on how to pursue their claim. They can arbitrate without an attorney or file a lawsuit. If the consumer wins, they are entitled to a refund or replacement vehicle.

If you believe you have purchased a lemon vehicle in California, Howard D. Silver can help. As an experienced lemon law attorney, Mr. Silver knows what it takes to get you back on the road. Call 1-866-49-LEMON today.

The Kansas lemon law covers new motor vehicles that are sold or leased in that state and weigh 12,000 pounds or less. The law does not cover customized parts of vehicles that have been added or adjusted by second stage manufacturers, or first or second stage converters. The Kansas lemon law also does not cover used vehicles.

In Kansas, a consumer is given protection under the lemon law if a vehicle defect is discovered during the term of the warranty or within one year after delivery of the vehicle. During this time period, a vehicle is considered to be a lemon if:

• Four attempts to repair the same nonconformity have been made, and the nonconformity impairs the use or value of the vehicle;
• The vehicle is out of service for 30 calendar days; or
• Ten attempts to repair any nonconformity have been made, which impair the use or value of the vehicle.

Also, the consumer must report the nonconformity to the manufacturer, its agent, or authorized dealer during the specified time period. However, the necessary repairs must be made even if the warranty or the one year period has expired.

A highly experienced Ventura lemon law attorney, Howard D. Silver, has fought for consumers since 1987. If you believe your rights as a consumer have been violated, Mr. Silver can help you understand the legal options available to you. Call 1-866-49-LEMON to learn more about the protection given to you under California’s lemon law.