Best Seller Guide Lemon-Aid

The Guides best Seller of Lemon Aid

Best-sellers for over thirty years. Lemon-Aid new and used car/truck guides are unlike any other auto books on the market. Their main objective, to inform and protect consumers in an industry known for its dishonesty and exaggerated claims remains unchanged. However, these guides also focus on warranties and confidential service bulletins that automakers swear don't exist.

That's why you'll be interested in finding the exact bulletin, memo, or news clipping reproduced from the original so neither the dealer nor automaker can weasel out of doing the right thing.

source : lemonaidcars

State Warranty Rights Acts (Lemon Laws)

Lemon laws have now been enacted in all but 2 states. While these lemon laws are not uniform, they do follow a common theme.

1. The statutes define lemon cars and required that manufacturers (not dealers)remedy the defects. Most statutes define "lemon-ness" in terms of a car that continues to have a defect that substantially impairs its use, value, or safety of the car after a reasonable number of attempts to repair the car.
2. Most statutes set up a warranty rights period of either 12 to 24 months or 12,000 to 24 thousand miles. The defects must occur sometime in this period.
3. Most of the statutes contain a three or four prong definition of when a manufacturer has had a sufficient number of attempts to repair, entitling the consumer to a refund or a replacement. These are:
   1. If the defect is a serious safety defect involving brakes steering, the manufacturer is granted one attempt to repair.
   2. If the defect is a safety defect not involving a serious safety defect, the manufacturer has two attempts to repair.
   3. For any other defect, the manufacturers are usually granted three or four chances to repair the same defect.
   4. If at any time the vehicle is in the shop for a cumulative total of 30 days in a one year period, at least one of those days occurring in the first 12 months or 12,000 miles.

   If any of the four prongs are satisfied, the consumer is generally granted the right to require repurchase or replacement of her vehicle.

4. Most lemon laws allow an offset for use of the vehicle for the consumer. This reasonable offset for use, often involved a reduction in the consumer's purchase price return in relation to the number of miles he has put on the car. One law expresses the reduction in refund for use as follows:

   (miles at time of refund x purchase price)/100,000

   The consumer can often effectively argue that he should not be charged for miles that were put on the vehicle after the initial attempt to repair the offending defect. For example, what if the consumer allows a dealer to make several attempts to repair a defect over a period of several thousand miles? Should the manufacturer be allowed to reduce his refund for the period of time he was unsuccessful in repairing the defect? Our answer is no and the above formula should be computed using the mileage at the time of the first attempt. This can often make a difference of several hundred dollars to the consumer.

5. Only about one half of the lemon laws allow the consumer to recover attorney's fees in his action. Those states that do allow attorney's fees certainly provide greater access to representation in warranty disputes and greater likelihood of success.

Your State's Law

See the Bibliography Page for Links to Most State Laws

   ALABAMA                 Ala. Code §§ 8-20A-1--8020A-6
   ALASKA                  ALASKA STAT.  §§ 45.45.300-.900
   ARIZONA                 ARIZ. REV. STAT. ANN. §§ 44-1261 to -1265
   ARKANSAS                Ark. Stat. Ann. §4-90-401
   CALIFORNIA              CAL. CIV. CODE § 1793.2
   COLORADO                COLO. REV. STAT. §§ 42-12-101 to -107
   CONNECTICUT             CONN. GEN. STAT. § 42-179 to -186
   DELAWARE                DEL. CODE ANN. tit. 6, §§ 5001-09
   DC                      D.C. CODE AN. §§ 40-1301 to -1309
   FLORIDA                 FLA. STAT. ANN. §§ 681.10-.111
   GEORGIA                 O.C.G.A. § 10-1-780
   HAWAII                  HAWAII REV. STAT. § 481I-1
   ILLINOIS                815 ILCS 380/1-/8
   INDIANA                 Ind. Code § 24-5-13
   IOWA                    IOWA CODE ANN. § 322G.1
   KANSAS                  KAN. STAT. ANN. §§ 50-645--664
   KENTUCKY                KY. REV. STAT. ANN. §§ 367.840 -.846
   LOUISIANA               LA. REV. STAT. ANN. §§ 51:1941-48
   MAINE                   ME. REV. STAT. ANN. tit. 10, §§ 1161-68
   MARYLAND                MD. COM. LAW CODE ANN. § 14-1501 to -1504
   MASSACHUSETTS           MASS. GEN. LAWS ANN. ch. 90, § 7N 1/2
   MICHIGAN                MICH. COMP. LAWS ANN. §§ 257.1401-.1408
   MINNESOTA               MINN. STAT. ANN. §325F.665
   MISSISSIPPI             MISS. CODE ANN. § 63-17-151 to -165
   MISSOURI                MO. ANN. STAT. §§ 407.560-.579
   MONTANA                 MONT. CODE ANN. §§ 61-4-501 to -533
   NEBRASKA                NEB. REV. STAT. §§ 60-2701 to -2709
   NEVADA                  NEV. REV. STAT. §§ 597.600-.680
   NEW HAMPSHIRE           N.H. REV. STAT. ANN. § 357-D:1
   NEW JERSEY              N.J. STAT. ANN. §§ 56:12-30 to -46
   NEW MEXICO              N.M. STAT. ANN. 57-16A-1 to -9
   NEW YORK                N.Y. GEN. BUS. LAW § 198-a
   NORTH CAROLINA          N.C. GEN. STAT. § 20.351
   NORTH DAKOTA            N.D. CENT. CODE 51-07-16 to -22
   OHIO                    OHIO REV. CODE ANN. 1345.71 -.77
   OKLAHOMA                OKLA. STAT. ANN. 15, § 901
   OREGON                  OR. REV. STAT. 646.315-375
   PENNSYLVANIA            73 PA. STAT. ANN. §§ 1951-63
   RHODE ISLAND            R.I. GEN. LAWS §§ 31-5.2-1 to -13
   SOUTH CAROLINA          S.C. Code Ann. §§56-28-10
   SOUTH DAKOTA            S.D. Code Ann. §23-6D-1
   TENNESSEE               TENN. CODE ANN. 55-24-201 to -209
                http://www.tba.org/LawBytes/T5_1406.html
   TEXAS                   TEX. REV. CIV. STAT. ANN. art. 4413 (36) § 607
   UTAH                    UTAH CODE ANN. 13-20-1 to -7
   VERMONT                 VT. STAT. ANN. tit. 9, §§ 4170-81
   VIRGINIA                VA. CODE § 59.1-207.9 to 207.16
   WASHINGTON              WASH. REV. CODE ANN. §19.118.005
   WEST VIRGINIA           W.VA. CODE §§46A-6A-1 to -9
   WISCONSIN               WIS. STAT. ANN. § 218.015
   WYOMING                 WYO. STAT. ANN. § 40-17-101


source : defect