Saturday, March 9, 2013
Saturday, December 10, 2011
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California Used Car Lemon Laws
As long as a secondhand car is sold with a written and specific warranty, it qualifies under the California Lemon Law. The car should not have been purchased for commercial purposes. As with all other applications for vehicles, the California Used Car Lemon Law only covers a secondhand car that was purchased for personal, family or household use.
Care should be taken to have the defects and inherent problems of the car established by a certified mechanic at the time of purchase. If the vehicle was bought without a warranty that covers these defects, the buyer will have a very difficult time making a case under the California Used Car Lemon Law. Unscrupulous sellers will not shy away from trying to sell a buyer a 'lemon' previously returned for these very defects.
California Used Car Lemon Law also applies to leased vehicles, as long as they have been leased under warranty. With all vehicles, such a warranty is not invalid once 18,000 miles of road use or 18 months since purchase have expired, if the warranty specifies a higher mileage or period.
As long as the first repair attempt took place within the specified warranty period, a leased or purchased vehicle can qualify under the California Used Car Lemon Law even after that period.
Basically, one can get a refund or complete, satisfactory repair for a secondhand purchased or leased vehicle as easily as one can for a brand-new car, as long as the used car was purchased for private, non-commercial use. Secondhand cars are not the only vehicles covered by the California Used Car Lemon Law. It applies equally to recreational vehicles (RVs), motor homes of all kinds, motorcycles, boats and other vehicles.
Care should be taken to have the defects and inherent problems of the car established by a certified mechanic at the time of purchase. If the vehicle was bought without a warranty that covers these defects, the buyer will have a very difficult time making a case under the California Used Car Lemon Law. Unscrupulous sellers will not shy away from trying to sell a buyer a 'lemon' previously returned for these very defects.
California Used Car Lemon Law also applies to leased vehicles, as long as they have been leased under warranty. With all vehicles, such a warranty is not invalid once 18,000 miles of road use or 18 months since purchase have expired, if the warranty specifies a higher mileage or period.
As long as the first repair attempt took place within the specified warranty period, a leased or purchased vehicle can qualify under the California Used Car Lemon Law even after that period.
Basically, one can get a refund or complete, satisfactory repair for a secondhand purchased or leased vehicle as easily as one can for a brand-new car, as long as the used car was purchased for private, non-commercial use. Secondhand cars are not the only vehicles covered by the California Used Car Lemon Law. It applies equally to recreational vehicles (RVs), motor homes of all kinds, motorcycles, boats and other vehicles.
Used Car Lemon Law in PA
I have been practicing law for about 11 years now, and the last few years have been focused on handling Lemon Law claims. The number one question that I receive at my office is "Does the PA Lemon Law cover used vehicles?" As of the date of this writing, 2008, the answer is no. Fortunately, though, there are several other laws that protect you if you have purchased a defective used vehicle in Pennsylvania.
The first such law is the Magnuson Moss Warranty Act, otherwise known as the federal lemon law. The Magnuson Moss Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty. If the vehicle exhibits defects or non-conformities, and those defects cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law, in an attempt to recover cash compensation, a replacement vehicle, or a full refund, depending upon certain circumstances. The Magnuson Moss Act also provides for recovery of Attorney fees if the individual prevails on his claim.
The next law that protects purchasers in Pennsylvania is the Unfair Trade Practices and Consumer Protection Law. This law, in a nutshell, provides protections to individuals who have purchased defective vehicles, where the seller has made an affirmative representation about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles. The Unfair Trade Practices Act is a general law that is not limited to vehicles, but rather, it covers all kinds of products and services that are not up to an expected standard in Pennsylvania. Knowledgeable attorneys use this law every day to assist clients with defective product claims in PA.
Another law that provides protections to Pennsylvania purchasers is the Automotive Industry Trade Practices Act. This law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles. This law hits many different issues that can come up with the sale of a motor vehicle, including advertising, servicing, types of contracts and forms, disclosures, warranties and more. In practice, I have found that this law is not taken advantage of by enough of us who are engaged in the legal profession.
While the Pennsylvania Lemon Law does not provide direct coverage for used vehicles here in PA, it should be clear that there are many other laws that do provide protections and remedies in the event that you purchase a defective used car in Pennsylvania.
The first such law is the Magnuson Moss Warranty Act, otherwise known as the federal lemon law. The Magnuson Moss Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty. If the vehicle exhibits defects or non-conformities, and those defects cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law, in an attempt to recover cash compensation, a replacement vehicle, or a full refund, depending upon certain circumstances. The Magnuson Moss Act also provides for recovery of Attorney fees if the individual prevails on his claim.
The next law that protects purchasers in Pennsylvania is the Unfair Trade Practices and Consumer Protection Law. This law, in a nutshell, provides protections to individuals who have purchased defective vehicles, where the seller has made an affirmative representation about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles. The Unfair Trade Practices Act is a general law that is not limited to vehicles, but rather, it covers all kinds of products and services that are not up to an expected standard in Pennsylvania. Knowledgeable attorneys use this law every day to assist clients with defective product claims in PA.
Another law that provides protections to Pennsylvania purchasers is the Automotive Industry Trade Practices Act. This law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles. This law hits many different issues that can come up with the sale of a motor vehicle, including advertising, servicing, types of contracts and forms, disclosures, warranties and more. In practice, I have found that this law is not taken advantage of by enough of us who are engaged in the legal profession.
While the Pennsylvania Lemon Law does not provide direct coverage for used vehicles here in PA, it should be clear that there are many other laws that do provide protections and remedies in the event that you purchase a defective used car in Pennsylvania.
The Customer Is Priority 1: lemon law nys
Whatever you are selling: a product or service, customer satisfaction is your #1 priority. This can only be accomplished by selling a superior product or service than your competition. If it is a product know it! If it's a service make it "World Class". Make certain your customer knows everything about the product or service you sold them and what to do if they have any questions or issues. Pricing is fair not "bargain priced" and not the most expensive.
It is "Fair Market Value and then some". Then some can only be justified by the "World Class Service" they will be expecting and you will be delivering... Have testimonials ready and an unmatched social reputation. Cheating will not bring them back! Anyone can cheat but that is short term thinking. Do you want a good referral business or do you just want to sell and go to the next one?
As a Used Car dealer I want to find the best cars available mechanically service them to make sure my customer is happy. All my used cars are hand picked by me and I speak to every customer before and after the sale! The cars I sell are issueless mechanically. Not only does it have to pass state inspection it must pass my inspection and I don't take shortcuts. If brakes are good for 90 days NYS LEMON LAW I have them replaced, I go through the car before and after it's serviced and I personally drive each and every one. My staff and I relay this information to my customer. If my customer has a problem I have a problem and I will move heaven and earth to correct it. This is a commitment to the customer, my business and my good name.
http://www.lemonlawnys.info/
It is "Fair Market Value and then some". Then some can only be justified by the "World Class Service" they will be expecting and you will be delivering... Have testimonials ready and an unmatched social reputation. Cheating will not bring them back! Anyone can cheat but that is short term thinking. Do you want a good referral business or do you just want to sell and go to the next one?
As a Used Car dealer I want to find the best cars available mechanically service them to make sure my customer is happy. All my used cars are hand picked by me and I speak to every customer before and after the sale! The cars I sell are issueless mechanically. Not only does it have to pass state inspection it must pass my inspection and I don't take shortcuts. If brakes are good for 90 days NYS LEMON LAW I have them replaced, I go through the car before and after it's serviced and I personally drive each and every one. My staff and I relay this information to my customer. If my customer has a problem I have a problem and I will move heaven and earth to correct it. This is a commitment to the customer, my business and my good name.
http://www.lemonlawnys.info/
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