Monday, October 27, 2008

Lemon law, guest blog

Car Lemon Law Tips
Sergei Lemberg is an attorney who specializes in lemon law [link: www.LemonJustice.com]. His site www.lemonjustice.com offers detailed information about state lemon laws, as well as an interactive Lemon Meter [link: http://www.lemonjustice.com/lemonmeter.php] for consumers who want to see if their vehicle qualifies as a lemon.

If you’ve ever bought a new car, you know what a rush it is. There’s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you’ll have a reliable ride for a long, long time.
With all of the cars, SUVs, trucks, motorcycles, and RVs being manufactured in the U.S. and abroad, it’s reasonable to expect that some will have defects. After all, vehicles are incredibly complex pieces of machinery and a lot of things can go wrong. In the best-case scenario, any defects that weren’t caught by quality assurance are quickly repaired by the dealer. In the worst-case scenario, you have a vehicle with pronounced defects that make it run poorly, that constitute a safety hazard, or that reduces its value – and the dealer or manufacturer refuse to buy back or replace it.
Know Your Rights.
Lemon Laws are meant to protect consumers, but it's easy to get lost in the legal mumbo-jumbo and wind up more confused than ever. One of the best places to find out whether or not your vehicle is a lemon is to consult the Lemon Meter You can also consult your state Attorney General's website or LemonJustice's guide to state laws. Your best bet, though, is to consult a lemon law lawyer. A consultation usually doesn't cost anything and can help you understand your options.
Keep Records.
Lemon Law cases are often lost on "he said-she said" arguments. It pays to thoroughly document every conversation you have with your repair shop, and to keep all repair records and copies of correspondence. The more written evidence you have, the stronger your case will be.
Jump through the Hoops.
Yes, Lemon Laws theoretically put the little guy on equal footing with the big automakers, but in reality there are a series of steps you must take to preserve your Lemon Law rights. For example, you may have to send a demand letter to the manufacturer via Certified Mail within a certain timeframe, or you might need to take your vehicle in for repair a third time before the odometer hits 18,000 miles. It's important not to skip any of the steps, because doing so may compromise your case.
Expect to Settle.
Most car manufacturers don't want to go to court because a prolonged legal proceeding is very expensive. The chances are good that you'll be offered a settlement, that is if you claim has merit. Listen to the advice of your attorney, and if the settlement seems fair, accept it. Legal actions may not result in a favorable ruling for you - especially if you haven't jumped through every hoop - so it's often better to accept a decent settlement than to risk losing in court.
Don't Throw in the Towel.
Even if your vehicle doesn't meet every single criterion for a lemon, you still may be able to achieve a settlement. With a Lemon Law attorney at your side, you can often be compensated for the hassle and the repair costs - even if the vehicle was eventually repaired.
It has also been my experience that going to court isn’t necessarily the only – or best – option. In fact, most lemon law cases settle through negotiation or mediation. When a vehicle has a serious defect and the manufacturer refuses to do a buyback or replacement, it sometimes only takes the threat of a lawsuit for the manufacturer to do the right thing. Mostly, this is because losing in court usually means that the manufacturer could face the prospect of paying punitive damages or a doubling or tripling of the consumer’s attorney fees. A reasonable settlement is a winning proposition for both sides – the manufacturer doesn’t have to go through a lengthy court battle that it would most likely lose, and the consumer can get relief without dragging out the process.

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