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Automobile lemon law

There are laws protecting consumers from faulty products. This could include a car that just won’t work right despite numerous visits to the garage. Sometimes the problem might be more than an inconvenience. It could be a safety hazard. In cases such as these there is no need for consumers to just go on living with what is obviously the manufacturer's fault.

Most of the states permit you to directly approach the manufacturers, bypassing the dealers, and demand a replacement for the automobile or for a monetary refund. What should be kept clear is that though you have a legal right as a consumer to do this the procedure is not as simple as having a problem and getting a replacement or refund. In order to avail those options you have to provide evidence that your vehicle actually is beyond repair. This means giving the manufacturer enough chance to try and fix the problem. There are also time constraints within which you are required to report such complaints. These constraints vary by state. The vehicle in question must also be for personal use and not business use, otherwise the laws do not apply.

Lemon Laws are active in many states to protect consumers who might have defective automobiles. In case you state does not have any Lemon Law then you are protected through the Federal Lemon Law, also known as the Magnusson Moss Act. State laws are different by state though they follow the same principles in a general way.

Your vehicle will have to show something irreparable that prevents your from effectively using the vehicle, lowers the value of the vehicle, or makes the vehicle unsafe for driving. The problem might be with the engine, braking, transmission, suspension or other parts of the automobile. This defect must be noticed and reported before a certain mileage is crossed, like 12000 miles for example and within one year of purchase.

CA Lemon Law and AZ Lemon Law

The CA lemon law and AZ lemon law are two state enforced car lemon laws that have the consumer in mind. The California Lemon Law is one of the most strict for dealers, followed by the Arizona Lemon Law.

All Lemon Laws permit the manufacturer a certain time to try and fix any problems. This time also varies by state. The number of attempts a manufacturer makes is also limited and may be 3 or 4 depending on your state.

Most states hold that in case the manufacturer is unable to fix the problem then the buyer is entitled to a replacement or refund of the purchase price. Most laws will also allow for any additional damages that might have occurred due to the problem with the automobile. These damages include the down payment, the interest paid, any repairs you carried out and so on.

Lemon laws are always biased towards protecting the consumer and have some very friendly statutes for consumers.

The law notwithstanding, the real problem is getting the manufacturer to agree that you have indeed been dealt a lemon.

If your problem is not fixed after a certain number of attempts then the first thing to do is inform the manufacturer in writing about it. This document can be made legal and is also declares that you are revoking acceptance of the automobile. This essentially sends a clear signal to the manufacturer that you have had it with this lemon and you want a replacement or a refund. No manufacturer is going to do either of that at this stage.

The next step is demanded by state laws and requires you to submit your claim to the Arbitration Panel. There are several states and manufacturers that use the Better Business Bureau as an arbitrator. Arbitration Panels are binding on the manufacturer but not on the consumers. This often causes the panels to get biased towards the manufacturers out of sheer sympathy. If the decision of the Arbitration Panel is not in your favor then you have no option but to file a lawsuit against the manufacturer.

This is where the manufacturer will start to take you seriously. Expect discussions to begin at this stage but not sooner.

Remember that you are moving around legal issues so do not expect things to be easy. You may feel harassed but you need to stay calm if you are to exercise your rights and get your replacement or refund. You should engage the services of a good attorney to help you with the small details so that you do not overlook some obvious step and negate any advantage you may have. This is a good option because you can get free legal representation where the attorney will work for no charge. According to lemon laws, if the vehicle is indeed a lemon then the manufacturer will have to pay your legal costs also. Attorneys providing lemon law representation usually depend on the manufacturer to pay them.

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