lemon law facts

Virginia Lemon Law Statutes

2011-10-02T12:48:00.001-07:00

Virginia Lemon Law Title 59.1, Chapter 17.3, ?59.1-207.9 - ?59.1-207.16

Virginia Lemon Law 59.1-207.9

This chapter may be cited as the Virginia Motor Vehicle Warranty Enforcement Act.
Virginia Lemon Law 59.1-207.10
The General Assembly recognizes that a motor vehicle is a major consumer purchase, and there is no doubt that a defective motor vehicle creates a hardship for the consumer. It is the intent of the General Assembly that a good faith motor vehicle warranty complaint by a consumer should be resolved by the manufacturer, or its agent, within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the express warranty issued by the manufacturer. However, nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
Virginia Lemon Law 59.1-207.11
As used in this chapter, the following terms shall have the following meanings:

"Collateral charges" means any sales-related charges including but not limited to sales tax, license fees, registration fees, title fees, finance charges and interest, transportation charges, dealer preparation charges or any other charges for service contracts, undercoating, rust proofing or installed options, not recoverable from a third party.

"Comparable motor vehicle" means a motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase with an offset from this value for a reasonable allowance for its use.

"Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle used in substantial part for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

"Incidental damages" shall have the same meaning as provided in ? 8.2-715.

"Lemon law rights period" means the period ending eighteen months after the date of the original delivery to the consumer of a new motor vehicle. This shall be the period during which the consumer can report any nonconformity to the manufacturer and pursue any rights provided for under this chapter.

"Lien" means a security interest in a motor vehicle.

"Lienholder" means a person, partnership, association, corporation or entity with a security interest in a motor vehicle pursuant to a lien.

"Manufacturer" means a person, partnership, association, corporation or entity engaged in the business of manufacturing or assembling motor vehicles, or of distributing motor vehicles to motor vehicle dealers.

"Manufacturer's express warranty" means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under that warranty.

"Motor vehicle" means only passenger cars, pickup or panel trucks, motorcycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in ? 46.2-100 and demonstrators or lease purchase vehicles with which a warranty was issued.

"Motor vehicle dealer" shall have the same meaning as provided in ? 46.2-1500.

"Nonconformity" means a failure to conform with a warranty, a defect or a condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle.

"Notify" or "notification" means that the manufacturer shall be deemed to have been notified under this chapter if a written complaint of the defect or defects has been mailed to it or it has responded to the consumer in writing regarding a complaint, or a factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity.

"Reasonable allowance for use" shall not exceed one-half of the amount allowed per mile by the Internal Revenue Service, as provided by regulation, revenue procedure, or revenue ruling promulgated pursuant to ? 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to any warranty.

"Serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.

"Significant impairment" means to render the new motor vehicle unfit, unreliable or unsafe for ordinary use or reasonable intended purposes.

"Warranty" means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale of a motor vehicle that become part of the basis of the bargain. The term "warranty" pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a motor vehicle for ordinary use or reasonable intended purposes throughout the duration of the lemon law rights period as defined under this section.
Virginia Lemon Law 59.1-207.12

Conformity to all warranties

If a new motor vehicle does not conform to all warranties, and the consumer reports the nonconformity to the manufacturer, its agents, or its authorized dealer during the manufacturer's warranty period, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of such manufacturer's warranty period.
Virginia Lemon Law 59.1-207.13

Nonconformity of motor vehicles
A.If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:

1.Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or

2.Accept return of the motor vehicle and refund to the consumer and any lienholder as their interest may appear the full purchase price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer's use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.

B.It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:

1.The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;

2.The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist; or

3.The motor vehicle is out of service due to repair for a cumulative total of thirty calendar days, unless such repairs could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters.

C.The lemon law rights period shall be extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the manufacturer, or its agent, by the expiration of the lemon law rights period.

D.The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner's manual, that written notification of the nonconformity to the manufacturer is required before the consumer may be eligible for refund or replacement of the vehicle under this chapter. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.

E.It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of this section, to notify the manufacturer of the need for the correction or repair of the nonconformity, unless the manufacturer has been notified as defined in ? 59.1-207.11. If the manufacturer or factory representative has not been notified of the conditions set forth in subsection B of this section and any of the conditions set forth in subsection B of this section already exists, the manufacturer shall be given an additional opportunity, not to exceed fifteen days, to correct or repair the nonconformity. If notification shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such notification to the manufacturer.

F.Nothing in this chapter shall be construed to limit or impair the rights and remedies of a consumer under any other law.

G.It is an affirmative defense to any claim under this chapter that:

1.An alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle; or

2.A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.

Virginia Lemon Law 59.1-207.14

Action to enforce provisions of chapter

Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provision. Any consumer who is successful in such an action or any defendant in any frivolous action brought by a consumer shall recover reasonable attorney's fees, expert witness fees and court costs incurred by bringing such actions.
Virginia Lemon Law 59.1-207.15

Informal dispute settlement procedure
A.If a manufacturer provides an informal dispute settlement procedure, it shall be the consumer's choice whether or not to use it prior to availing himself of his rights under this chapter.

B.If a dispute settlement procedure is resorted to by the consumer and the decision is for a refund or a comparable motor vehicle, the manufacturer shall have forty days from its receipt of the consumer's acceptance of the decision or from the date of a court order to comply with the terms of the decision.

C.In any action brought because of the manufacturer's failure to comply with the decision, within the scope of the procedure's authority, rendered as a result of a dispute resolution proceeding or a court order, the court may triple the value of the award stipulated in the decision as provided for in this chapter, plus award other equitable relief the court deems appropriate, including additional attorney's fees.
Virginia Lemon Law 59.1-207.16

Action to be brought within certain time

Any action brought under this chapter shall be commenced within the lemon law rights period following the date of original delivery of the motor vehicle to the consumer; however, any consumer whose good faith attempts to settle the dispute have not resulted in the satisfactory correction or repair of the nonconformity, replacement of the motor vehicle or refund to the consumer of the amount described in subdivision 2 of subsection A of ? 59.1-207.13, shall have twelve months from the date of the final action taken by the manufacturer in its dispute settlement procedure or within the lemon law rights period, whichever is longer, to file an action in the proper court, provided the consumer has rejected the manufacturer's final action.

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

Your car is a major investment, rationalized by the peace of mind that flows from its expected dependability and safety. Accordingly, you are entitled to expect an automobile properly constructed and regulated to provide reasonably safe, trouble-free, and dependable transportation ? regardless of the exact make and model you bought. Unfortunately, sometimes these principles do not hold true and defects arise in automobiles. Although one defect is not actionable, repeated defects are as there exists a generally accepted rule that unsuccessful repair efforts render the warrantor liable. Simply put, there comes a time when ?enough is enough? ? when after having to take your car into the shop for repairs an inordinate number of times and experiencing all of the attendant inconvenience, you are entitled to say, ?That?s all,? and revoke, notwithstanding the seller?s repeated good faith efforts to fix the car. The rationale behind these basic principles is clear: once your faith in the vehicle is shaken, the vehicle loses its real value to you and becomes an instrument whose integrity is impaired and whose operation is fraught with apprehension. The question thus becomes when is ?enough??

As you know, enough is never enough from your warrantor?s point of view and you should simply continue to have your defective vehicle repaired ? time and time again. However, you are not required to allow a warrantor to tinker with your vehicle indefinitely in the hope that it may eventually be fixed. Rather, you are entitled to expect your vehicle to be repaired within a reasonable opportunity. To this end, both the federal Moss Warranty Act, and the various state ?lemon laws,? require repairs to your vehicle be performed within a reasonable opportunity.

Under the Magnuson-Moss Warranty Act, a warrantor should perform adequate repairs in at least two, and possibly three, attempts to correct a particular defect. Further, the Magnuson-Moss Warranty Act?s reasonableness requirement applies to your vehicle as a whole rather than to each individual defect that arises. Although most of the Lemon Laws vary from state to state, each individual law usually require a warrantor to cure a specific defect within four to five attempts or the automobile as a whole within thirty days. If the warrantor fails to meet this obligation, most of the lemon laws provide for a full refund or new replacement vehicle. Further, this reasonable number of attempts/reasonable opportunity standard, whether it be that of the Magnuson-Moss Warranty Act or that of the Lemon Laws, is akin to strict liability ? once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief.

One of the most important parts of the Magnuson-Moss Warranty Act is its fee shifting provision. This provision provides that you may recover the attorney fees incurred in the prosecution of your case if you are successful ? independent of how much you actually win. That rational behind this fee shifting provision is to twofold: (1) to ensure you will be able to vindicate your rights without having to expend large sums on attorney's fees and (2) because automobile manufacturers are able to write off all expenses of defense as a legitimate business expense, whereas you, the average consumer, obviously does not have that kind of economic staying power. Most of the Lemon Laws contain similar fee shifting provisions.

You may also derive additional warranty rights from the Uniform Commercial Code; however, the Code does not allow you in most states to recover your attorney fees and is also not as consumer friendly as the Magnuson-Moss Warranty Act or the various state lemon laws.

The narrative information on Magnuson-Moss, UCC and Virginia lemon laws on these pages is provided by Marshall Meyers, attorney.

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Uniform Commercial Code Summary

The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of products. The TARR refers to Tender, Acceptance, Rejection, Revocation and applies to different aspects of the consumer's "relationship" with the purchased goods.

TENDER -
The tender provisions of the Uniform Commercial Code contained in Section2-601 provide that the buyer is entitled to reject any goods that fail in any respect to conform to the contract. Unfortunately, new cars are often technically complex and their innermost workings are beyond the understanding of the average new car buyer. The buyer, therefore, does not know whether the goods are then conforming.

ACCEPTANCE -
The new car buyer accepts the goods believing and expecting that the manufacturer will repair any problem he has with the goods under the warranty.

REJECTION -
The new car buyer may discover a problem with the vehicle within the first few miles of his purchase. This would allow the new car buyer to reject the goods. If the new car buyer discovers a defect in the car within a reasonable time to inspect the vehicle, he may reject the vehicle. This period is not defined. On the one hand, the buyer must be given a reasonable time to inspect and that reasonable time to inspect will be held as an acceptance of the vehicle. The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect.
The following is an example of a case of rejection: Mr. Zabriskie purchase a new 1966 Chevrolet Biscayne. After picking up the car on Friday evening, while en route to his home 2.5 miles away, and within 7/10ths of a mile from the dealership, the car stalled and stalled again within 15 feet. Thereafter, the car would only drive in low gear. The buyer rejected the vehicle and stopped payment on his check. The dealer contended that the buyer could not reject the car because he had driven it around the block and that was his reasonable opportunity to inspect. The New Jersey Court said;

To the layman, the complicated mechanisms of today's automobile are a complete mystery. To have the automobile inspected by someone with sufficient expertise to disassemble the vehicle in order the discover latent defects before the contract is signed, is assuredly impossible and highly impractical. Consequently, the first few miles of driving become even more significant to the excited new car buyer. This is the buyer's first reasonable opportunity to enjoy his new vehicle to see if it conforms to what it was represented to be and whether he is getting what he bargained for. How long the buyer may drive the new car under the guise of inspection of new goods is not an issue in the present case because 7/10th of a mile is clearly within the ambit of a reasonable opportunity to inspect. Zabriskie Chevrolet, Inc. v. Smith, 240 A. 2d 195(1968)

It is suggested that Courts will tend to excuse use by consumers if possible.

REVOCATION -
What happens when the consumer has used the new car for a lengthy period of time? This is the typical lemon car case. The UCC provides that a buyer may revoke his acceptance of goods whose non-conformity substantially impairs the value of the goods to him when he has accepted the goods without discovery of a non-conformity because it was difficult to discover or if he was assured that non-conformities would be repaired. Of course, the average new car buyer does not learn of the nonconformity until hundreds of thousands of miles later. And because quality is job one, and manufacturers are competing on the basis of their warranties, the consumer always is assured that any noncomformities he does discover will be remedied.
What is a noncomformity substantially impairing the value of the vehicle?
1.A noncomformity may include a number of relatively minor defects whose cumulative total adds up to a substantial impairment. This is the "Shake Faith" Doctrine first stated in the Zabrisikie case. "For a majority of people the purchase of a new car is a major investment, rationalized by the peace of mind that flows from its dependability and safety. Once their faith is shaken, the vehicle loses not only its real value in their eyes, but becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension".
2.A substantial noncomformity may include a failure or refusal to repair the goods under the warranty. In Durfee V. Rod Baxter Imports, the Minnesota Court held that the Saab owner that was plagued by a series of of annoying minor defects and stalling, which were never repaired after a number of attempts, could revoke, "if repairs are not successfully undertaken within a reasonable time", the consumer may elect to revoke.
3.Substantial Non Conformity and Lemon Laws often define what may be considered a substantial impairment. These definitions have been successfully used to flesh out the substantial impairment in the UCC.

Washington Lemon Law

2011-10-02T12:46:00.001-07:00

Washington Lemon Law

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Alabama Lemon Law Statutes

2011-10-02T12:42:00.000-07:00

Alabama Lemon Law Statutes

Alabama Lemon law Definitions.
As used in this chapter, the following terms shall have the respective meanings as indicated:
1.Consumer.
The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

2.Motor vehicle.
Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.

3.Manufacturer.
The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

4.Motor vehicle dealer or Authorized dealer.
The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

5.Express warranty.
A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

6.Nonconforming condition.
Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

7.Notice of a nonconforming condition.
A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

8.Lemon law rights period.
The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Alabama Lemon law Section 8-20A-2 Obligations of manufacturer.

A.If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

B.If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:
1.The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

2.All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

3.All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

4.Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

C.It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:
1.The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

2.The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Alabama Lemon law Section 8-20A-3 Cause of action against manufacturer.
a.A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

b.It shall be an affirmative defense to any claim against the manufacturer under this chapter that: i.an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or

ii.a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

c.If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.

Alabama Lemon law Section 8-20A-4 Resale of returned motor vehicle.

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:
1.The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

2.The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.

Alabama Lemon law Section 8-20A-5 No dealership liability.

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Alabama Lemon law Section 8-20A-6 Statute of limitations.

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

Your car is a major investment, rationalized by the peace of mind that flows from its expected dependability and safety. Accordingly, you are entitled to expect an automobile properly constructed and regulated to provide reasonably safe, trouble-free, and dependable transportation ? regardless of the exact make and model you bought. Unfortunately, sometimes these principles do not hold true and defects arise in automobiles. Although one defect is not actionable, repeated defects are as there exists a generally accepted rule that unsuccessful repair efforts render the warrantor liable. Simply put, there comes a time when ?enough is enough? ? when after having to take your car into the shop for repairs an inordinate number of times and experiencing all of the attendant inconvenience, you are entitled to say, ?That?s all,? and revoke, notwithstanding the seller?s repeated good faith efforts to fix the car. The rationale behind these basic principles is clear: once your faith in the vehicle is shaken, the vehicle loses its real value to you and becomes an instrument whose integrity is impaired and whose operation is fraught with apprehension. The question thus becomes when is ?enough??

As you know, enough is never enough from your warrantor?s point of view and you should simply continue to have your defective vehicle repaired ? time and time again. However, you are not required to allow a warrantor to tinker with your vehicle indefinitely in the hope that it may eventually be fixed. Rather, you are entitled to expect your vehicle to be repaired within a reasonable opportunity. To this end, both the federal Moss Warranty Act, and the various state ?lemon laws,? require repairs to your vehicle be performed within a reasonable opportunity.

Under the Magnuson-Moss Warranty Act, a warrantor should perform adequate repairs in at least two, and possibly three, attempts to correct a particular defect. Further, the Magnuson-Moss Warranty Act?s reasonableness requirement applies to your vehicle as a whole rather than to each individual defect that arises. Although most of the Lemon Laws vary from state to state, each individual law usually require a warrantor to cure a specific defect within four to five attempts or the automobile as a whole within thirty days. If the warrantor fails to meet this obligation, most of the lemon laws provide for a full refund or new replacement vehicle. Further, this reasonable number of attempts/reasonable opportunity standard, whether it be that of the Magnuson-Moss Warranty Act or that of the Lemon Laws, is akin to strict liability ? once this threshold has been met, the continued existence of a defect is irrelevant and you are still entitled to relief.

One of the most important parts of the Magnuson-Moss Warranty Act is its fee shifting provision. This provision provides that you may recover the attorney fees incurred in the prosecution of your case if you are successful ? independent of how much you actually win. That rational behind this fee shifting provision is to twofold: (1) to ensure you will be able to vindicate your rights without having to expend large sums on attorney's fees and (2) because automobile manufacturers are able to write off all expenses of defense as a legitimate business expense, whereas you, the average consumer, obviously does not have that kind of economic staying power. Most of the Lemon Laws contain similar fee shifting provisions.

You may also derive additional warranty rights from the Uniform Commercial Code; however, the Code does not allow you in most states to recover your attorney fees and is also not as consumer friendly as the Magnuson-Moss Warranty Act or the various state lemon laws.

The narrative information on Magnuson-Moss, UCC and Alabama lemon laws on these pages is provided by Marshall Meyers, attorney.

--------------------------------------------------------------------------------

Uniform Commercial Code Summary

The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of products. The TARR refers to Tender, Acceptance, Rejection, Revocation and applies to different aspects of the consumer's "relationship" with the purchased goods.

TENDER -
The tender provisions of the Uniform Commercial Code contained in Section2-601 provide that the buyer is entitled to reject any goods that fail in any respect to conform to the contract. Unfortunately, new cars are often technically complex and their innermost workings are beyond the understanding of the average new car buyer. The buyer, therefore, does not know whether the goods are then conforming.

ACCEPTANCE -
The new car buyer accepts the goods believing and expecting that the manufacturer will repair any problem he has with the goods under the warranty.

REJECTION -
The new car buyer may discover a problem with the vehicle within the first few miles of his purchase. This would allow the new car buyer to reject the goods. If the new car buyer discovers a defect in the car within a reasonable time to inspect the vehicle, he may reject the vehicle. This period is not defined. On the one hand, the buyer must be given a reasonable time to inspect and that reasonable time to inspect will be held as an acceptance of the vehicle. The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect.

The following is an example of a case of rejection: Mr. Zabriskie purchase a new 1966 Chevrolet Biscayne. After picking up the car on Friday evening, while en route to his home 2.5 miles away, and within 7/10ths of a mile from the dealership, the car stalled and stalled again within 15 feet. Thereafter, the car would only drive in low gear. The buyer rejected the vehicle and stopped payment on his check. The dealer contended that the buyer could not reject the car because he had driven it around the block and that was his reasonable opportunity to inspect. The New Jersey Court said;

To the layman, the complicated mechanisms of today's automobile are a complete mystery. To have the automobile inspected by someone with sufficient expertise to disassemble the vehicle in order the discover latent defects before the contract is signed, is assuredly impossible and highly impractical. Consequently, the first few miles of driving become even more significant to the excited new car buyer. This is the buyer's first reasonable opportunity to enjoy his new vehicle to see if it conforms to what it was represented to be and whether he is getting what he bargained for. How long the buyer may drive the new car under the guise of inspection of new goods is not an issue in the present case because 7/10th of a mile is clearly within the ambit of a reasonable opportunity to inspect. Zabriskie Chevrolet, Inc. v. Smith, 240 A. 2d 195(1968)

It is suggested that Courts will tend to excuse use by consumers if possible.

REVOCATION -
What happens when the consumer has used the new car for a lengthy period of time? This is the typical lemon car case. The UCC provides that a buyer may revoke his acceptance of goods whose non-conformity substantially impairs the value of the goods to him when he has accepted the goods without discovery of a non-conformity because it was difficult to discover or if he was assured that non-conformities would be repaired. Of course, the average new car buyer does not learn of the nonconformity until hundreds of thousands of miles later. And because quality is job one, and manufacturers are competing on the basis of their warranties, the consumer always is assured that any noncomformities he does discover will be remedied.
What is a noncomformity substantially impairing the value of the vehicle?
1.A noncomformity may include a number of relatively minor defects whose cumulative total adds up to a substantial impairment. This is the "Shake Faith" Doctrine first stated in the Zabrisikie case. "For a majority of people the purchase of a new car is a major investment, rationalized by the peace of mind that flows from its dependability and safety. Once their faith is shaken, the vehicle loses not only its real value in their eyes, but becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension".
2.A substantial noncomformity may include a failure or refusal to repair the goods under the warranty. In Durfee V. Rod Baxter Imports, the Minnesota Court held that the Saab owner that was plagued by a series of of annoying minor defects and stalling, which were never repaired after a number of attempts, could revoke, "if repairs are not successfully undertaken within a reasonable time", the consumer may elect to revoke.
3.Substantial Non Conformity and Lemon Laws often define what may be considered a substantial impairment. These definitions have been successfully used to flesh out the substantial impairment in the UCC.

New Law: The California Car Buyer''s Bill of Rights

2011-10-02T12:35:00.000-07:00

New Law: The California Car Buyer''s Bill of Rights

If you bought a new or used car from a dealer in California, then you should make sure the dealer gave you an itemized price list for warranties, insurance and such other items. The dealer is required to provide details of the cost of monthly installment payments with and without these items.

According the new law that came into force on July 1, 2006, dealer compensation from the financing institution can only be up to two percent if the loan term is more than sixty months and two and half percent if the term is less. [you may see the brochure on the California DMV Site

If you have a lemon law claim under the California Lemon Laws, then Check the product’s warranty to know what steps to take for guaranteed legal recourse;
Determine the number of times the product has been in for a repair.

There are many other changes effected in the new law. Buyers of used cars for less than $40,000 can now get an option of 2-day sales contract cancellation. You may have to pay anything from $75 up to one percent of the cost of the car if it is more than $30,000. And on returning the car, the charges could be from $175 to $500 depending on the cost of the car. You will get back the cancellation option fee when you return the car under this option. If you do not obtain a cancellation option, then there is no cooling off period.

Remember that you will have to return the car in condition to the same dealer within two days and with less than 250 miles usage, unless the contract provided for more time or mileage. All the original papers of the sale and the cancellation option have to be returned with the car. There should not be any liens or encumbrances on the car.

You can get rid of your problem consumer product and pursue your lemon law claim now by submitting your information for a Free* Case Review under the California Lemon Laws.

The dealer will give you full refund, along with sales tax, registration fees and other deposits, and your trade-in car, too, if you had given the dealer one.

It may not always be possible for you to ensure that the dealer has given you the correct and complete details required by the law. Remember that in most cases, the dealer is not the one concerned with your consumer rights: it is usually the manufacturers. When you feel that you are not satisfied with the information or documents provided by the dealer, or you are not able to resolve any issues, it is always advisable to contact qualified attorneys practicing the related law in California.

The new Car Buyer''s Bill of Rights also deals with several other aspects related to buying and leasing new and used vehicles. For a free evaluation of your case or for consumer information, you can talk with the attorneys of THE CONSUMERLAW CENTER® .

Wisconsin Lemon Law

2011-10-02T12:27:00.000-07:00

We provide Wisconsin Lemon Law representation without charging you our fees!

Do you think you’ve purchased a defective car, truck, mini-van, suv, recreational vehicle, camper, full size van, boat, motorcycle or jet ski? Learn more about your lemon law rights in the state of Wisconsin , call or submit your information online to see if you qualify under the law. You could be entitled to cash compensation for your lemon under the state or federal lemon laws. 99% of our cases settle without going to trial, we work to get your claim settled as quickly as possible.

The Wisconsin lemon law attorneys of Krohn & Moss,Ltd. will handle lemon law claims for consumers in Wisconsin. We stay informed of the newest legal developments so you can get the best results for your lemon law claim. We have handled thousands of claims for both lemon automobiles and consumers products.

There’s no reason you shouldn’t take advantage of the consumer protection laws in your state. As you do have lemon law rights in the state of Wisconsin, it works to your advantage to find out if you do indeed qualify for some form of lemon law relief. When you work with Krohn & Moss, you don’t pay attorneys’ fees as the vehicle manufacturer is responsible.

If you are ready for help in pursuing your potential lemon law case and want to get rid of your lemon – call 1-800 US LEMON ® ( 800-875-3666 ) toll free to reach Krohn & Moss for your FREE initial consultation! Or submit your information online for your free case evaluation.

Lemon Law Guide

2011-10-02T12:22:00.000-07:00

Your Basic Lemon Law Rights Explained
Whereas at one time you had no alternative but to allow the
manufacturer or seller of a defective product an endless
amount of repair attempts, State and federal statutes
informally known as "Lemon Laws" provide for compensation to
you where you have a defective product that cannot be fixed
within a reasonable opportunity. The federal Lemon Law,
officially known as the Magnuson-Moss Warranty Act, provides
for the payment of your attorney fees and court costs if
successful, as do most State Lemon laws.

To qualify for protection under a Lemon Law, you must
generally have a defective consumer product that has not been
fixed within a reasonable amount of repair attempts. Most
State Lemon Laws specifically apply to motor vehicles and
require the manufacturer to refund your money or replace your
vehicle if, during the first twelve to twenty-four months of
ownership, your vehicle has suffered three to four repairs for
the same problem or has been out of service by reason of
repair more than thirty days. Although State Lemon Laws are
generally limited to new vehicles, many states have enacted
specific lemon statutes that protect purchasers of used
vehicles and/or other consumer products such as Motor Homes
and computers.

The federal Lemon Law often extends protection far past State
law, making warrantors responsible for irreparable defects for
up to four years after the factory warranty has expired. This
federal statute generally provides cash compensation where the
warrantor cannot make your product free from defects within a
reasonable opportunity. Unlike State Lemon Laws, the
Magnuson-Moss Warranty Act applies not just to vehicles but
instead to all consumer products - including boats and
appliances. Magnuson-Moss also creates strict requirement for
warrantors when drafting warranties and disclosing warranty
terms, thereby eliminating much of the confusing "doubletalk"
inherent in consumer warranties. To read your State's Lemon
Law, or the Federal Magnuson-Moss Warranty Act, click here
Steps You Can Take to Protect Your Rights and Investment
Lemon Laws often, but not always, require you to provide
written notice of the defect to the warrantor and a final
opportunity to fix the defects. These statutes also authorize
warrantors to establish programs to resolve consumer
complaints out of court. However, these programs are often
wholly funded by the warrantors themselves, calling into
serious question the credibility and impartiality of these
mechanisms. You are generally only obligated to participate in

such programs where the warrantor establishes the program in
strict compliance with State and federal law. Before
participating in any such program, you should consult an
attorney as although such programs may be helpful, they may be
harmful as well due to the bias towards the warrantor inherent
in most of these mechanisms.

Because of the expansive legal rights these statutes provide
you, sellers and manufacturers will often create obstacles to
your enforcement of these rights and at times, will discourage
you from enforcing your time-sensitive rights by providing
false and misleading information. For example, a warrantor may
tell you the time to enforce your State Lemon Law rights has
expired without informing you of the rights you have under the
federal Lemon Law. Likewise, in an effort to make you accept
your lemon, warrantors will often tell you there is no problem
with your product and that what you are experiencing is a
"normal operating condition." Always get a second - or third -
opinion before believing that problem you know is there really
isn't. Further, always ask for all Technical Service Bulletins
("TSB's") on your vehicle as these internal documents often
prove your problem exists. Finally, and perhaps most important
of all, always make sure to get documentation from the
warrantor of each and every repair attempt whenever you
retrieve your product back from the repair shop. Withholding
these records from you is often the warrantor's best way to
prevent you from building your lemon case, so always insist on
receiving a repair order. If the warrantor refuses to give you
one, make your own by faxing or mailing the repair shop a
letter memorializing the defect and date of the repair, and
the warrantor's refusal to provide you a repair order. To
download our copyrighted Lemon repair log, click here.
What to do Now
You have an expensive investment, its time to protect your
rights and interests. Apathy and inaction is the exact
situation that all manufacturers seek from consumers, and this
Website believes pursuing the damages applicable laws make
available helps not only yourself, but other consumers as well
by showing big corporations they will be held responsible for

making less than satisfactory products. If you think you have
a Lemon, click here for a free lemon law case review, or
simply fax your repair records to 866-773-6152 866-773-6152
. Your inquiry will be promptly responded to.

Wisconsin Lemon Law

2011-10-02T12:15:00.000-07:00

The Notification Letter to Manufacturer is available in PDF format. Click the above link to View or Right Click the link to Save the File to your computer.

If the motor vehicle you buy or lease in Wisconsin turns out to be a lemon, the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).

What is a Lemon?
A new vehicle, no more than a year old and still under warranty, is a lemon if it has a serious defect the dealer can't fix in four tries, or if it has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive).

What is a defect?
A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.

What vehicles are covered?
The law covers any new car, truck, motorcycle or motor home you buy or lease in Wisconsin, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle, but does not cover other used vehicles. The law also does not cover mopeds or trailers.

How long are you covered?
The Lemon Law includes no deadline for filing a Lemon Law suit; a court would decide if your case were too old. Some attorneys maintain that the limit would be six or seven years after purchase; however, some attorneys may be reluctant to handle cases over four years old.

Is my vehicle a lemon?
Your vehicle is a lemon if all of the following statements are true:

You bought or leased a vehicle in Wisconsin.

The vehicle is a car, truck, motorcycle or motor home.

The vehicle developed a defect or defects during its first year and before the warranty expired.

The defect seriously harms the vehicle's use, value or safety.

One of the following happened during the vehicle's first year and before the warranty expired:
The dealer failed four times to fix the same defect; OR
The vehicle was out of service for 30 days or more due or more defects
What should a lemon owner do?
Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.
We suggest you use WisDot's Motor Vehicle Lemon Law Notice Form to ask the manufacturer for a refund or replacement vehicle. Send the form to the manufacturer at the address in your owners manual. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.

Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082 or at (608) 257-4666. Or visit WisBar Lawyer Referral and Information Service.
Who can I call for help?
Wisconsin Department of Transportation's Dealer Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. Contact the Dealer Section if you have a complaint against a dealer or manufacturer.

The Dealer Section won't resolve your Lemon Law complaint for you, but it will give you more information about using your Lemon Law rights.

Dealer Section
Wisconsin Department of Transportation
P. O. Box 7909
Madison, Wisconsin 53707-7909
(608) 266-1425 (608) 266-1425

Manufacturer arbitration programs
Arbitration is an informal way to resolve your complaint without going to court. Arbitrators, often volunteers from the community, decide your case based on information you and the manufacturer provide. If your manufacturer has an arbitration program certified by WisDOT, you must use it before suing under the Lemon Law. If it is not certified, you do not have to use it. In either case, arbitration is free, you don't need a lawyer, and you don't have to accept a decision you don't like.

Lemon Law Facts

2011-08-30T03:24:00.000-07:00

lemon law: guarantee customers a refund for goods that do not match the declared quality; There are laws in some States of the United States
Lemon low facts

The law on product recall provisions of some laws that require from the manufacturer to pay full compensation for the unsafe consumer products, "the repair cannot be made within a reasonable time".

lemons market: a market that is characterized by asymmetric information on sold goods; in particular, sellers know more about the properties sold their goods than shoppers, e.g. car market; such a market leads to adverse selection

Akerlof, George a.: 1940-; American economist; received the Nobel Prize in 2001, together with m. a. Spence & j. E. Stiglitz "for analysis of markets with asymmetric information"; first described and analysed in economic literature market "lemons"; lots of engaged in building models of economic behavior, which would include various non-economic variables: psychological, sociological, etc.
lemon low facts

A "Lemon Law" actually refers to state laws that govern faulty vehicles. It offers consumers protection against defects in the car and gives them the right to demand for replacement or refund.

lemon law facts/california lemon law center