Blog

The Used Car lemon law NY offers a consumer a legal resolution for clients who are lessees or buyers of used automobiles who turn out to be defective. The lemon law requires automotive dealers to repair, at no cost, any apparent defect in parts covered by the warranty. It is important to note that the used car lemon law only applies to used automobiles. "New" cars fall under this provision, not used motorcycles, RVs, boats or private cars. Under the lemon law, consumers are entitled to receive a refund or replacement vehicle if they prove that the automobile they have bought is, in essence, defective and unreliable. The defective automobile must have been sold for retail purposes and it must have been purchased from a dealer licensed to do business in the State where the vehicle was purchased.

If a vehicle is sold by a used car lemon law firm to a retail purchaser, the buyer has the right to take the car back to the car dealer or to sue the car dealer if the vehicle proves defective after the warranty period has expired. For vehicles that are sold outside of the State, the used car lemon law may protect the buyer by providing them with a "cooling-off" period during which time they can reject the vehicle if it proves to be significantly dangerous. In most cases, this period will last about one to five days. During the cooling-off period, the car dealer cannot make repairs unless they are covered by the warranty.  You can learn more about the lemon law now.

An important provision in the lemon law for used cars is the "lemon clause." This section of the law allows a consumer to sue even if the automobile is new, as long as the buyer has purchased the vehicle more than two months before it became defective. Some states also have a "deficiency period," which allows consumers to bring a case after fewer than twenty days pass from the date that the vehicle was supposed to have been fixed.

Many times, a lemon becomes defective after only one repair attempt. Under these circumstances, the dealer is required to fix the vehicle or replace it with a covered item. If they refuse to replace the item, then the consumer has the right to return it and get a full refund for the cost of the repair and replacement. The dealer has no other recourse if they do not abide by this requirement. If they are unable to fix the vehicle or fix it improperly, then they may be forced to return it to the consumer.
Another provision of the lemon law for used cars is the "fair repair" provision. If the dealer makes repairs to the vehicle that they are not able to correct before the warranty expires, then they must provide a refund for the expense of the repair. They are also required to provide a new car inspection report detailing any internal parts that need to be replaced. The report must also state that the repairs to internal parts did not cause the vehicle to fail any tests conducted by the dealership. This test is typically referred to as the PMI.

The California Lemon Law also has a "wear and tear" provision. Manufacturers are required to repair or replace parts that are worn or damaged so that they work properly again. A car may be considered a "lemon" in these six states if it is older than 12 months and has been owned by the manufacturer for less than six months at the time of filing the complaint. In these states, a vehicle must be returned to the dealer if it proves to be such a lemon that it cannot be repaired. If it is determined to be a lemon, it can be repaired, but the price will still have to be approved by the manufacturer before the sale can go through.
To get more details about this topic, see here: https://en.wikipedia.org/wiki/Lemon_law.

Lemon Laws is all over the country. There are fifty states in the United States, plus the District of Columbia, and they protect consumers who purchase new, used, or refurbished products to the fullest extent possible. The lemon law in California is the most extensive in the country. It was created to help people get what they need from automobile manufacturers, but it has evolved into something much more. Lemon Laws provided all sorts of warranties, extended warranties, repairs, etc., when a product fails to perform as advertised or meets standard expectations of quality and durability. This protects the consumer.  Here is some info if you want to know about your car.

One way to find out if your state has a lemon law is to contact an attorney who practices in that area. Most attorneys practice "no win no fee" law programs, which require no legal fees for the initial consultation. The national Better Business Bureau can also provide you with lists of qualified attorneys. An interesting fact is that over half of all states have some type of law program; it just may not be in the form of a Lemon Law.  Visit: lemonlaw.com for details about the lemon law.

Once you have determined that a law program is available in your state, if you would like to pursue a claim under it, you will have to decide whether to go to court, to use the services of an attorney, or to attempt to resolve the issue through arbitration. If you choose arbitration, your state's lemon law may also require that you use an independent party to arbitrate the dispute. For instance, in California, if a vehicle is damaged or destroyed within a specific time frame, the vehicle owner must obtain an arbitration program from the manufacturer prior to recovering any money. Similarly, in some states, the automobile manufacturer or distributor must also seek an arbitration program before recovering any money from a consumer.

If you choose to go to court or to use the services of an attorney, there are two different methods to achieve a refund or replacement car. The first method, and probably the best one, is for the customer to first document the exact make and model of the car that was involved in the accident. Then, the customer can file a claim with the appropriate DMV, which is where Lemon Law firms come into play. They will gather all of the relevant information, and if they find that the car constitutes a Lemon, then they will file a lawsuit on behalf of the customer, along with a request for a refund or replacement car.

If the vehicle has a manufacturing defect that must be repaired or the buyer is unable to get a refund, then the manufacturer or dealer must replace the vehicle at no cost to the consumer. If neither of these options exists, then the law firm will ask the court to determine what price would constitute a fair settlement. If the court rules that the Lemon Law allows for a refund or replacement car, the firm must then make good on the warranty by delivering the new or used vehicle to the customer. The court will either require the dealership to sell the vehicle at retail price or issue an amount of money to be paid directly to the consumer, whichever comes first.

In the case where a car may have significant mechanical problems that were not discovered during the Lemon Law process, then the owner may be able to sue under the warranty period in order to be compensated for the expenses related to the repairs. For example, if the car develops a series of mechanical faults within a certain time frame, but was diagnosed as a Lemon, then it may be eligible for additional compensation. If it turns out that the car had defects that were not discovered during the Lemon Law process, then the vehicle manufacturer can be sued for those damages. It should be noted, however, that most states require that the warranty period is open annually, whereas some states allow the warranties to be suspended during the testing or manufacturing process. If a dealer does not honor the warranty period, then it is wise to purchase the Car Owner's Bill of Rights to protect the rights of the car owner.  
Check out this post for more details related to this article: https://en.wikipedia.org/wiki/Lemon_(automobile)

If you are involved in an accident that turns out to be a lemon, do not be too hasty in trying to get a claim from the other party. It would not be a good decision on your part, as this can affect your credit score and even lead to further complications if you end up having to pay more money than what you have to. Before you do file for a claim, take note of the New Jersey lemon law.

*N.J.S. A.C. 1.2-a It is the responsibility of the vehicle owner to keep his or her tires up to par and it is also the duty of the manufacturer to provide reasonable warranties for vehicles. New Jersey State Lemon laws apply to manufactured and repossessed vehicles.  You can view for more details concerning the lemon law.

*N.J.S.A.R.B. It is unlawful for any person to fail to give any evidence that a vehicle purchased was defective in any respect within the first thirty days of the sale. The period of limitation for the production of such evidence starts to apply from the day the defective cause of action accrues. The period of limitations for a manufacturer to defend against a complaint is reduced by one year after the date of the defect. The N.J.S.A.R.B.
*N.J.S.A.R.B. (forming a corporation called "The New Jersey 

Manufacturers Association") *The State of New Jersey Department of Transportation (formed by the New Jersey Motor Vehicle Commission) *The U.S. Secretary of Transportation, whose number is on the Federal Highway Administration's website. To receive such an official notification, contact the New Jersey Motor Vehicle Commission. One of the requirements to becoming a member of the association is having to have a state insurance policy in force. Another requirement is that the member firms provide to the department all records relating to complaints filed and payments made. If the company fails to comply with these requirements, it is not allowed to participate in the program.

*California Lemon Law lawyers are also important. But if you are looking for used car lemon law lawyers, you may not have much luck. This is because it is very difficult for anyone to successfully sue a car dealership, dealer or manufacturer when that manufacturer is based in California. This is because of the California Lemon Law, which protects consumers from fraud and deceit. Car dealers and manufacturers are required to give consumer reports explaining any repairs or problems the vehicle has had under the warranty period.

So, when buying a new or used car, be sure to do your homework first. Read the fine print in all documentation. Check if the warranty is still valid. And if you can, hire the services of a car dealer or attorney to protect your rights when purchasing a vehicle. This article has provided you with more information on this topic: https://en.wikipedia.org/wiki/Lawyer.