Financial Reform Bill Caves to Auto Dealers

Posted by Sergei Lemberg, Esq. on June 25th, 2010

The committee in charge of hammering out differences in the financial reform bill completed their task this morning, sending the massive bill to the House of Representatives and the Senate for full votes. The final bill contains a hard-won provision for the Bureau of Consumer Financial Protection, which will be overseen by the Federal Reserve. The good news is that it will close some of the loopholes that allowed the events leading up to the nation’s 2008 near financial collapse to unfold. The bad news is that lobbyists for auto dealers ultimately prevailed, creating a loophole that excludes auto dealers from oversight by the new agency.

Arkansas Lemon Law Advice

Posted by Sergei Lemberg, Esq. on April 7th, 2010

Arkansas lemon law advice is fairly easy to come by, but sometimes what you really need to know are the facts. Here’s a thumbnail sketch of Arkansas defective automobile laws, lemon law warranty laws, and lemon buyback provisions of the law.

Basically, Arkansas lemon law covers new vehicles that are purchased or leased, including motor homes (but not the living quarters). If your vehicle is defective, the lemon law says that the dealer or manufacturer has three chances to fix it, plus one final attempt. However, if the defect is so serious that it could cause serious injury or death, Arkansas lemon law says that the vehicle can be considered a lemon after only two repair attempts. Alternately, if your vehicle has a number of unrelated defects, the manufacturer or dealer has five attempts to repair the problem, or your vehicle must be out of service because for a total of 30 days before being considered a lemon.

Arkansas Lemon Laws for Used Cars

Like many states, Arkansas doesn’t have a lemon law for used cars. Nevertheless, there are other laws on the books that can help if you’ve purchased a defective used car. For example, the federal Magnuson-Moss Warranty Act covers all purchases (from iPods to cars), and the Federal Trade Commission has what’s called a “Used Car Rule.” If the dealer doesn’t follow the Used Car Rule, you may have a case. Similarly, if the odometer’s been tampered with or if the dealer engaged in financing shenanigans, you may have a legal basis for getting some or all of your money back.

Selecting an Arkansas Lemon Law Attorney

When you select an Arkansas lemon law attorney, you’ll be assured that the letter of the law will be followed in order to establish that your vehicle is a lemon. For example, the law requires that the manufacturer be notified in writing after the third repair attempt, and the letter must be sent by certified mail with a return receipt requested. Then, the manufacturer has 10 calendar days to schedule a final repair attempt.

It’s important to get the timing right and to cover all the legal bases in order to get protection under Arkansas lemon law. The legal team at LemonJustice.com can help you maneuver through the system and may even be able to negotiate a settlement on your behalf. Moreover, they’ll go to the mat for you and take the manufacturer to court in order to get the justice you deserve.

Arizona Lemon Law Advice

Posted by Sergei Lemberg, Esq. on April 7th, 2010

The best Arizona lemon law advice is to consult with a lemon law attorney if you think you have a lemon. All lemon laws are nuanced, and you can unwittingly undermine your lemon law case if you don’t have a full grasp of the law.

Arizona defective automobile laws address the lemon law warranty period and lemon buybacks, but don’t deal with the more general issue of car dealer fraud. According to Arizona lemon law, new vehicles are covered by the lemon law for either the term of the manufacturer’s warranty, for two years from the original delivery date of the vehicle, or for the first 24,000 miles – whichever comes first.

Arizona lemon law requires that you take your defective vehicle in for repair four times, or that the vehicle is out of service for a cumulative total of 30 calendar days, before it can be declared a lemon. If you do have a lemon, though, the manufacturer must offer a lemon buyback or a replacement vehicle.

Arizona Lemon Laws for Used Cars

Many states don’t have one, but Arizona has a lemon law for used cars. The Arizona lemon law for used cars is very narrow, though, and only covers a vehicle for 15 days or 500 miles after purchase – whichever comes first. In addition, it only covers major components that break down, and requires you to pay $25 for the first two repairs.

Selecting an Arizona Lemon Law Attorney

When you select an Arizona lemon law attorney, you’ll have the peace of mind that comes from knowing that someone is on your side. Automakers are notorious for trying to run out the clock on lemon law claims, hoping that their stalling tactics will ultimately keep them from having to offer a lemon buyback or replacement vehicle.

With an Arizona lemon law attorney, you’ll be on equal footing with the car manufacturer, and you’ll have a much better chance of negotiating a settlement or winning your court case against the automaker. The legal team at LemonJustice.com can provide you with a free case evaluation and guide you through the final steps necessary to establish a valid Arizona lemon law claim.

Alaska Lemon Law Advice

Posted by Sergei Lemberg, Esq. on April 7th, 2010

To obtain Alaska lemon law advice, it’s best to go to the source. In this case, the State of Alaska Consumer Protection Unit provides a wealth of information about lemon law warranty, and outlines defective automobile laws. It does not, however, address out-and-out car dealer fraud.

Alaska law defines a “lemon” as one that has defects that cannot be repaired in a “reasonable” number of attempts. What’s considered “reasonable”? According to Alaska lemon law, it’s either one defect that the dealer or manufacturer has tried to fix three times, or a combination of defects that puts the vehicle out of service for a total of 30 or more business days. The law covers a vehicle during the term or the express warranty or one year of the original delivery date – whichever comes first. However, if you think you have a defective vehicle and want to pursue a lemon buyback, you must give the manufacturer written notice and allow the automaker one final attempt at fixing the problem.

Alaska Lemon Laws for Used Cars

Unfortunately, Alaska does not have a lemon law for used cars. However, the federal Magnuson-Moss Warranty Act covers any product, including a used car. Therefore, you can seek protection under that federal law if you think you have a used car lemon.

While Alaska doesn’t have a lemon law for used cars, it does have a lemon law for boats and ATVs. This new law, passed in 2009, covers boats, snow machines, and ATVs for problems that can’t be fixed within the first 12 months after you buy it. As with new vehicles, defective boats, snow machines, and ATVs are subject to three repair attempts, a final notification to the manufacturer, and a final repair attempt before being considered lemons.

Selecting an Alaska Lemon Law Attorney

When you select an Alaska lemon law attorney, he or she can help you navigate the waters of Alaska lemon law. For example, the law says that if the manufacturer has an informal dispute settlement procedure in place that’s been approved by the Attorney General, you must participate in that before going to court. However, if there isn’t an approved program in place, you can go directly to court.

It can be difficult to sort out the nuances of the law, which is why you need a lemon law attorney at your side. Automakers have teams of lawyers to fight lemon law claims – both in informal arbitration and in a court of law. You’ll only be on equal ground if you have a legal eagle with you. The attorneys at LemonJustice.com can help guide you through the process, and can often negotiate a favorable settlement for you without ever having to go to court.

Alabama Lemon Law Advice

Posted by Sergei Lemberg, Esq. on April 7th, 2010

To obtain Alabama lemon law advice, it’s best to go to the source. In this case, Alabama’s defective automobile laws can be found in The Code of Alabama 1975,Title 8, Chapter 20A. This law deals with lemon law warranty and lemon buyback, but doesn’t address car dealer fraud.

Basically, Alabama lemon law covers vehicles that weigh under 10,000 pounds, and which are purchased new. It does not cover motor homes. A vehicle is covered under Alabama lemon law for one year from the date of original delivery of the vehicle, or the first 12,000 miles on the odometer, whichever comes first. However, if you provide the manufacturer or dealer with notice of a defect within that time frame, Alabama lemon law says that the manufacturer has the obligation to repair the problem within 24 months of delivery or 24,000 miles.

If the defect can’t be fixed, the manufacturer is required to replace the vehicle or refund your purchase price, including any charges for undercoating, dealer prep and transportation, installed options, and extended warranties and service contracts. In addition, a lemon buyback should include a refund of sales tax, license and registration fees, and any finance charges incurred after you reported the problem to the dealer or manufacturer. However, a refund given for a lemon buyback can have a deduction for the mileage you’ve put on the vehicle, and is calculated according to a specific formula.

Alabama Lemon Laws for Used Cars

Unfortunately, Alabama does not have a lemon law for used cars. When you buy a vehicle as-is, Alabama law says that you’re stuck with it. However, you are still protected under federal law, namely the Magnuson-Moss Warranty Act. In other words, don’t despair. Instead, consult an Alabama lemon law attorney who can help you protect your rights under federal law.

Selecting an Alabama Lemon Law Attorney

When you select an Alabama lemon law attorney, he or she can help you get the compensation you deserve. An Alabama lemon law attorney can guide you through the procedures outlined in Alabama lemon law, such as taking the vehicle in for repair three times, notifying the manufacturer, and arranging for the manufacturer to have the opportunity for one last repair attempt, and so forth. Alternately, he can help you establish that your vehicle has been out of service for a cumulative total of 30 calendar days, which is an alternate way to establish that your vehicle is defective under Alabama lemon law. If you think you have a lemon, contact the legal team at LemonJustice.com right away. They can provide you with a free case evaluation and ensure that your lemon law protections are in place.


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