Lemon Law is a term given to a body of law that protects the buyers of new cars from serious defects which persist despite repeated repair.

Size: px
Start display at page:

Download "Lemon Law is a term given to a body of law that protects the buyers of new cars from serious defects which persist despite repeated repair."

Transcription

1 I. Statement of the Research Lemon Law is a term given to a body of law that protects the buyers of new cars from serious defects which persist despite repeated repair. Lemon law claims are placed against the manufacturer of a vehicle, not the dealership that sold you the defective vehicle. Typically, a vehicle qualifies as a lemon when it has a defect that substantially affects its use, safety, or value. There must have been repeated, unsuccessful efforts to repair the same defect before lemon laws apply. In most states, the number of attempts required is three to four. In some states, however, the failure to fix a serious problem on the first attempt may trigger the lemon law. Repair attempts must take place within a warranty period, defined by statute, and will not always coincide with the manufacturer s warranty. Keep in mind that lemon laws refer to recurring problems, not a vehicle which has dozens of different problems. If the defect is not remedied within the specified number of opportunities, the buyer is entitled to a new vehicle, replacement of defective parts, or return of all consideration paid.

2 II. Significance of the Research Every person has the right to be informed of legal actions available against the manufacturer if a vehicle cannot be fixed to conform to the warranty after a reasonable number of repair attempts. Lemon laws contain eligibility requirements, notice requirements, and also set out specific remedies that a consumer may recover. Purchasers in the past were not satisfied with the state and federal laws in place to protect vehicle owners; thus, the enactment of lemon laws. Historically, lemon laws were in place to protect automobile owners only. Today, depending on the state, you may be eligible for lemon law protection if you lease a vehicle, as opposed to buying it. While most states protect only purchasers of new vehicles, a number of states have passed lemon law protections that apply to used vehicles. In most states, motorcycle purchases are not covered. Similarly, the non residential portion of recreation vehicles is not typically covered under the lemon law. You spend a small fortune on a new vehicle. For most, lemon law rights are far greater than you think. Dekelaita v. Nissan Motor Corp. Decided: 9/29/03 (Appellate Court) 2000 Nissan Maxima The Dekelaitas leased their new 2000 Maxima SE and were confronted with numerous engine and brake problems which could not be repaired even after many attempts. They filed a lemon law claim against Nissan Motor Corporation and the case was dismissed by the Cook County Circuit Court in January Plaintiff s appealed; Appellate Court overturned Circuit Court and allowed the case to proceed. This was a significant victory for the consumers who lease their vehicles as prior legal decisions did not guarantee the vehicle lessee the same lemon law rights as a purchaser.

3 III. Literature Review Lemon laws, in some sense, are remedies for breach of sales and lease contracts. However, if the defects with your vehicle do not meet the requirements of the lemon law, there may be claims under other state and federal laws that protect owners of new or used vehicles. First, the Magnuson-Moss Warranty act, which is a Federal Law that protects buyers 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 advertised. Secondly, the Uniform Commercial Code, or UCC, which has been enacted in all 50 states and some of the territories of the United States. The UCC is the primary source of law in all contracts dealing with the sale of products. Then, there is the Tender, Acceptance, Rejection, Revocation, or TARR, which applies to different aspects of the consumer s relationship with the purchased goods.

4 IV. Conceptual Framework Main Body of Paper Lemon laws vary from state to state. Some basic differences include coverage of motorcycles, used vehicles, and recreational vehicles. There are also differences such as whether the vehicle is purchased or leased. There are, however, some basic guidelines that they do share including: 1. The laws define what a lemon car is and require that the manufacturer, not the dealership, takes care of the defects. If a number of attempts have been made to repair a defect that significantly impairs the use, value or safety of a vehicle and the vehicle continues to have this defect, the vehicle is considered to be a lemon. 2. Most statutes set up a warranty rights period of either 12 to 24 months or 12,000 to 24,000 miles. The defect must occur sometime during this timeframe. 3. Many state laws contain specific guidelines as to what constitutes a sufficient number of attempts to repair, and whether these attempts entitle the consumer to a refund or replacement. 4. Lemon laws allow an offset for use of the vehicle by the consumer. Often, a reduction in the consumer s purchase price return is used in relation to the number of miles the owner had put on the vehicle. 5. Approximately one half of the lemon laws allow the consumer to recover attorney s fees in his/her action. Those states that do allow attorney s fees provide for an increased likelihood of success and representation in warranty disputes.

5 V. Analysis and Conclusion Upon completion of research, I have concluded that the Lemon Laws from state-to-state differ in many regards including whether or not the vehicle is purchase or leased, and new or used. I would like to see the development of a Vehicle Owner s Bill of Rights, possibly named Lemon-Aid. In this Bill of Rights, the playing field would be equal among all states, where consumers would have equal protection regardless of where the vehicle was purchased. The Bill would state that the manufacturer would be given the opportunity to correct the situation first. If a resolution could not be reached, there would be an independent arbitration panel, such as the Better Business Bureau, that would handle the lemon law dispute. These independent arbitration services would be required to meet state and/or federal standards of impartiality.

LEMON LAWS (Vehicle Warranty Lawsuits) General Information

LEMON LAWS (Vehicle Warranty Lawsuits) General Information LEMON LAWS (Vehicle Warranty Lawsuits) General Information One of the nice things about buying a new car is the peace of mind that comes from knowing if something breaks; the dealer has to fix it under

More information

MASSACHUSETTS LEMON LAW SUMMARY

MASSACHUSETTS LEMON LAW SUMMARY EXECUTIVE SUMMARY TIME PERIOD FOR FILING CLAIMS ELIGIBLE VEHICLE 18 months from the date of the motor vehicle s original delivery to the consumer. Motor vehicles and motorcycles sold, leased, or replaced

More information

Office of the Attorney General. Idaho Lemon Law. LAWRENCE WASDEN Attorney General 700 West Jefferson Street Boise, ID 83720-0010 www.ag.idaho.

Office of the Attorney General. Idaho Lemon Law. LAWRENCE WASDEN Attorney General 700 West Jefferson Street Boise, ID 83720-0010 www.ag.idaho. Office of the Attorney General Idaho Lemon Law LAWRENCE WASDEN Attorney General 700 West Jefferson Street Boise, ID 83720-0010 www.ag.idaho.gov State of Idaho Office of Attorney General Lawrence Wasden

More information

GEORGIA LEMON LAW SUMMARY

GEORGIA LEMON LAW SUMMARY EXECUTIVE SUMMARY TIME PERIOD FOR FILING CLAIMS Although the lemon law does not provide a statute of limitations, a claim must allege at least one of the following: 1. A serious safety defect in the braking

More information

SUMMARY OF THE GEORGIA MOTOR VEHICLE WARRANTY RIGHTS ACT AND THE GEORGIA LEMON LAW

SUMMARY OF THE GEORGIA MOTOR VEHICLE WARRANTY RIGHTS ACT AND THE GEORGIA LEMON LAW SUMMARY OF THE GEORGIA MOTOR VEHICLE WARRANTY RIGHTS ACT AND THE GEORGIA LEMON LAW recently enacted significant changes to its lemon law. On January 1, 2009, the new Lemon Law replaced the prior Motor

More information

Louisiana Lemon Law Statutes For more information or to contact a Louisiana lemon law lawyer, visit www.yourlemonlawrights.com

Louisiana Lemon Law Statutes For more information or to contact a Louisiana lemon law lawyer, visit www.yourlemonlawrights.com Louisiana Lemon Law Statutes For more information or to contact a Louisiana lemon law lawyer, visit www.yourlemonlawrights.com LSA-R.S. 51:1941 1941. Definitions The following definitions apply when used

More information

MICHIGAN S LEMON L AW: HOW TO AVOID GETTING STUCK WITH A LEMON CONSUMER PROTECTION DIVISION DEPARTMENT OF THE ATTORNEY GENERAL

MICHIGAN S LEMON L AW: HOW TO AVOID GETTING STUCK WITH A LEMON CONSUMER PROTECTION DIVISION DEPARTMENT OF THE ATTORNEY GENERAL CONSUMER PROTECTION DIVISION DEPARTMENT OF THE ATTORNEY GENERAL MICHIGAN S LEMON L AW: HOW TO AVOID GETTING STUCK WITH A LEMON JENNIFER M. GRANHOLM ATTORNEY GENERAL JENNIFER M. GRANHOLM ATTORNEY GENERAL

More information

STANDARDS OF THE FLORIDA LEMON LAW Motor Vehicle Warranty Enforcement Act

STANDARDS OF THE FLORIDA LEMON LAW Motor Vehicle Warranty Enforcement Act STANDARDS OF THE FLORIDA LEMON LAW Motor Vehicle Warranty Enforcement Act The following is a brief explanation of most relevant provisions of the lemon law. The complete text of the lemon law can be found

More information

STANDARDS OF THE MICHIGAN LEMON LAW

STANDARDS OF THE MICHIGAN LEMON LAW STANDARDS OF THE MICHIGAN LEMON LAW The following is a brief explanation of most relevant provisions of the lemon law. The complete text of the lemon law can be found at M.C.L. 257.1401 et seq. VEHICLES

More information

(1) The purchaser, other than for purposes of resale, of a motor vehicle;

(1) The purchaser, other than for purposes of resale, of a motor vehicle; TITLE 13. COMMERCIAL TRANSACTIONS OHIO UNIFORM COMMERCIAL CODE CHAPTER 1345. CONSUMER SALES PRACTICES NONCONFORMING NEW MOTOR VEHICLE LAW 1345.71. Definitions As used in sections 1345.71 to 1345.78 of

More information

Consumer Arbitration Program

Consumer Arbitration Program Consumer Arbitration Program for Motor Vehicles California Program Rules for Porsche Vehicle Owners INTRODUCTION This guide provides basic information about CAP- Motors, the Consumer Arbitration Program

More information

NEW JERSEY LEMON LAW SUMMARY

NEW JERSEY LEMON LAW SUMMARY For more information about the lemon law, or to obtain a copy of Consumer's Guide to the New Jersey Lemon Law, consumers may call the New Jersey Division of Consumer Affairs, Lemon Law Unit at (973) 504-6226,

More information

Introduction. What is the Lemon Law?

Introduction. What is the Lemon Law? Introduction This guidebook is an introduction to the California Lemon Law. It is not intended to convey legal advice. The goal is to allow you to protect and educate yourself. You should still consult

More information

FLORIDA LEMON LAW SUMMARY

FLORIDA LEMON LAW SUMMARY EXECUTIVE SUMMARY TIME PERIOD FOR FILING CLAIMS ELIGIBLE VEHICLE ELIGIBLE CONSUMER For certified procedure, Lemon Law Rights Period (24 months from original delivery) plus 60 days. For state Board, Lemon

More information

The purpose of the so-called New Jersey Lemon Law is to protect buyers. or lessees when they buy or lease a motor vehicle and the manufacturer cannot

The purpose of the so-called New Jersey Lemon Law is to protect buyers. or lessees when they buy or lease a motor vehicle and the manufacturer cannot CHARGE 4.45 Page 1 of 8 4.45 MOTOR VEHICLE LEMON LAW (Approved 5/03) The purpose of the so-called New Jersey Lemon Law is to protect buyers or lessees when they buy or lease a motor vehicle and the manufacturer

More information

CALIFORNIA LEMON LAW SUMMARY

CALIFORNIA LEMON LAW SUMMARY CALIFORNIA LEMON LAW SUMMARY 1. Citation Song-Beverly Consumer Warranty Act, Cal. Civil Code 1790-1795.7; Tanner Consumer Protection Act, 1793.22; Cal. Business and Professions Code 472-472.5; 16 Cal.

More information

All About Autos. New Cars, Used Cars, and Repairs

All About Autos. New Cars, Used Cars, and Repairs New Cars, Used Cars, and Repairs Table of Contents Introduction...2 New Cars Lemon Law...4 The Importance of Car Titles...6 Used Cars As Is: No Warranty...7 Warranty...7 Online Car Auctions...9 Odometer

More information

STANDARDS OF THE CALIFORNIA LEMON LAW Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act

STANDARDS OF THE CALIFORNIA LEMON LAW Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act STANDARDS OF THE CALIFORNIA LEMON LAW Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act The following is a brief explanation of most relevant provisions of the lemon law, included within

More information

WASHINGTON LEMON LAW SUMMARY

WASHINGTON LEMON LAW SUMMARY EXECUTIVE SUMMARY TIME PERIOD FOR FILING CLAIMS ELIGIBLE VEHICLE 30 months from original delivery to a consumer. If a motor home, the 30-month period is extended by the time it takes the motor home manufacturers

More information

Frequently Asked Questions About the Honda Odometer Class Action Settlement

Frequently Asked Questions About the Honda Odometer Class Action Settlement Frequently Asked Questions About the Honda Odometer Class Action Settlement The Proposed Honda Odometer Class Action Settlement ( Proposed Settlement ) resolves two lawsuits currently pending in the United

More information

Righting Your New Car s Wrongs

Righting Your New Car s Wrongs Righting Your New Car s Wrongs Douglas F. Gansler, Attorney General, Maryland Attorney General s Office Your Rights Under Maryland s Lemon Law If your new car spends more time in the repair shop than on

More information

THE MAINE LEMON LAW AND STATE ARBITRATION

THE MAINE LEMON LAW AND STATE ARBITRATION Last Revised 03/03/04 7 THE MAINE LEMON LAW AND STATE ARBITRATION 7. 1. Introduction The Maine Lemon Law allows consumers with a severely defective new vehicle to have their cases heard by a state arbitrator,

More information

-1- SECOND AMENDED COMPLAINT

-1- SECOND AMENDED COMPLAINT VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES

More information

THE NEW JERSEY LEMON LAW: A CONSUMER GUIDE. By Walt Kane Investigative Reporter News 12 New Jersey

THE NEW JERSEY LEMON LAW: A CONSUMER GUIDE. By Walt Kane Investigative Reporter News 12 New Jersey THE NEW JERSEY LEMON LAW: A CONSUMER GUIDE By Walt Kane Investigative Reporter News 12 New Jersey INTRODUCTION Few things are more frustrating than buying a new car, only to have it keep having problems.

More information

STANDARDS OF THE NEW YORK LEMON LAW New Car Lemon Law

STANDARDS OF THE NEW YORK LEMON LAW New Car Lemon Law STANDARDS OF THE NEW YORK LEMON LAW New Car Lemon Law The following is a brief explanation of most relevant provisions of the lemon law. The complete text of the lemon law can be found at N.Y. Gen. Bus.

More information

Buying a Used Car. Before You Look For a Used Car, Consider

Buying a Used Car. Before You Look For a Used Car, Consider Buying a Used Car This guide explains your protections under the FTC's Used Car Rule and offers some shopping suggestions, even if you are not buying from a used car dealer. Before you begin looking at

More information

Washington State Attorney General s Office. Lemon Law. Motor Homes

Washington State Attorney General s Office. Lemon Law. Motor Homes Washington State Attorney General s Office Lemon Law Motor Homes Lemon Law Motor Homes Table of Contents Motor Home Lemon Law What is the Lemon Law? 2 Which Motor Homes are Eligible? 2 What is a Lemon?

More information

A Consumer s Guide to the Arkansas Lemon Law. The Arkansas New Motor Vehicle Quality Assurance Act

A Consumer s Guide to the Arkansas Lemon Law. The Arkansas New Motor Vehicle Quality Assurance Act A Consumer s Guide to the Arkansas Lemon Law The Arkansas New Motor Vehicle Quality Assurance Act Dustin McDaniel Attorney General This guide represents the Consumer Protection Division s interpretation

More information

STANDARDS OF THE LOUISIANA LEMON LAW

STANDARDS OF THE LOUISIANA LEMON LAW STANDARDS OF THE LOUISIANA LEMON LAW The following is a brief explanation of most relevant provisions of the lemon law. The complete text of the lemon law can be found at Rev. Stat. Ann. 51:1941 et seq.

More information

NEVADA LEMON LAW SUMMARY

NEVADA LEMON LAW SUMMARY EXECUTIVE SUMMARY TIME PERIOD FOR FILING CLAIMS ELIGIBLE VEHICLE 18 months following original delivery to the consumer. Any self-propelled vehicle in, upon or by which any person or property is or may

More information

What China's Lemon Law Will Mean For Manufacturers

What China's Lemon Law Will Mean For Manufacturers Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com What China's Lemon Law Will Mean For Manufacturers

More information

Region Legal Service Office Hawaii Legal Assistance Department 850 Willamette Street Pearl Harbor, HI 96860

Region Legal Service Office Hawaii Legal Assistance Department 850 Willamette Street Pearl Harbor, HI 96860 Region Legal Service Office Hawaii Legal Assistance Department 850 Willamette Street Pearl Harbor, HI 96860 Preventative Law Series The Hawaii Motor Vehicle Lemon Law: A Guide for Consumers Q: What is

More information

F O R C O N S U M E R S c a l i f o r n i a d e p a r t m e n t o f c o n s u m e r a f fa i r s

F O R C O N S U M E R S c a l i f o r n i a d e p a r t m e n t o f c o n s u m e r a f fa i r s FOR CONSUMERS c a l i f o r n i a d e p a r t m e n t o f c o n s u m e r a f f a i r s Arbitration Certification Program (ACP), Who We Are The ACP s role is to serve as State regulators and to comply

More information

MASSACHUSETTS NEW AND LEASED VEHICLE LEMON LAW CONSUMER ARBITRATION MANUAL

MASSACHUSETTS NEW AND LEASED VEHICLE LEMON LAW CONSUMER ARBITRATION MANUAL MASSACHUSETTS NEW AND LEASED VEHICLE LEMON LAW CONSUMER ARBITRATION MANUAL Commonwealth of Massachusetts Office of Consumer Affairs and Business Regulation Mitt Romney Kerry Healey Beth Lindstrom Governor

More information

A Consumer s Guide To The Arkansas Lemon Law

A Consumer s Guide To The Arkansas Lemon Law A Consumer s Guide To The Arkansas Lemon Law The Arkansas New Motor Vehicle Quality Assurance Act Compiled by the Office of the Attorney General 323 Center Street, Suite 200 Little Rock, Arkansas 72201

More information

Motor Vehicle Lemon Law

Motor Vehicle Lemon Law New Jersey Motor Vehicle Lemon Law Your Road to Relief 03/12 Introduction to the New Jersey Your Road to Relief - The New Jersey Lemon Law Unit The New Jersey Lemon Law Unit was formed in 1989 to provide

More information

As-is. Buyer beware. Contract. Diminished value. Extended Warranty. FTC Used Car Rule This applies to most vehicle dealers (those who sell over 5

As-is. Buyer beware. Contract. Diminished value. Extended Warranty. FTC Used Car Rule This applies to most vehicle dealers (those who sell over 5 Note: All information provided is for cases and matters occurring in North Carolina, unless otherwise stated. The information provided is not meant to be legal advice and should not be construed as such.

More information

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL

More information

regulate monitor Back in the Driver s Seat license protect www.ct.gov/dcp Connecticut s Lemon Law Automobile Dispute Settlement Program

regulate monitor Back in the Driver s Seat license protect www.ct.gov/dcp Connecticut s Lemon Law Automobile Dispute Settlement Program regulate license monitor protect STATE OF CONNECTICUT Department of Consumer Protection 165 Capitol Avenue Hartford, CT 06106-1630 Toll-Free (800) 842-2649 Lemon Law Toll-Free: (800) 538-CARS (860) 713-6120

More information

LEMON LAW SPECIALISTS. com 1.888.395.3666

LEMON LAW SPECIALISTS. com 1.888.395.3666 LEMON LAW SPECIALISTS. com 1.888.395.3666 Thank you for visiting Lemon Law Specialists the web site of the California Law Offices of Delsack & Associates, the original California lemon law web site. Ours

More information

HONDA/ACURA. Honda/Acura has agreed to arbitrate certain unresolved claims alleging defects in material or workmanship in its vehicles:

HONDA/ACURA. Honda/Acura has agreed to arbitrate certain unresolved claims alleging defects in material or workmanship in its vehicles: HONDA/ACURA Honda/Acura has agreed to arbitrate certain unresolved claims alleging defects in material or workmanship in its vehicles: Claims may be filed under the applicable state Lemon Law. These claims

More information

ON THE ROAD. License. Automobile Insurance

ON THE ROAD. License. Automobile Insurance ON THE ROAD License The minimum age, to obtain a driver s license in New Hampshire, is 18 years old. Individuals between the ages of 16 and 18 may obtain a drivers license, with permission from their parent

More information

Assistive Technology

Assistive Technology WISCONSIN COALITION FOR ADVOCACY Assistive Technology Terri Fuller, Advocacy Specialist Wisconsin Coalition for Advocacy Introduction Some people are confused about assistive technology (AT) and how it

More information

Can an automotive dealership void your warranty?

Can an automotive dealership void your warranty? Can an automotive dealership void your warranty? Understanding the Magnuson-Moss Warranty Act of 1975. Nearly everyone has heard about someone who has taken a vehicle that has been modified with aftermarket

More information

MINNESOTA S CAR LAWS

MINNESOTA S CAR LAWS This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp MINNESOTA S CAR LAWS

More information

NO. COA12-981 NORTH CAROLINA COURT OF APPEALS. Filed: 19 March 2013. 1. Motor Vehicles Lemon Law disclosure requirement

NO. COA12-981 NORTH CAROLINA COURT OF APPEALS. Filed: 19 March 2013. 1. Motor Vehicles Lemon Law disclosure requirement NO. COA12-981 NORTH CAROLINA COURT OF APPEALS Filed: 19 March 2013 TINA HARDISON and DALTON HARDISON, Plaintiffs, v. Craven County No. 10 CVS 01538 KIA MOTORS AMERICA, INC., Defendant. 1. Motor Vehicles

More information

SENAlJO S.B. No. 1310 INTRODUCED BY SEN. MANNY VILLAR EXPLANATORY NOTE

SENAlJO S.B. No. 1310 INTRODUCED BY SEN. MANNY VILLAR EXPLANATORY NOTE FIFTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session SENAlJO S.B. No. 1310 INTRODUCED BY SEN. MANNY VILLAR EXPLANATORY NOTE The number of car-owners is fast revving up as the present

More information

A Consumer s Guide to the Arkansas Lemon Law

A Consumer s Guide to the Arkansas Lemon Law A Consumer s Guide to the Arkansas Lemon Law The Arkansas New Motor Vehicle Quality Assurance Act Arkansas Attorney General s Office Consumer Protection Division www.arkansasag.gov (800) 482-8982 (501)

More information

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY CIVIL DIVISION. MARIA GODINEZ, an individual,

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY CIVIL DIVISION. MARIA GODINEZ, an individual, VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY

More information

OREGON AUTOMOBILE LAW: A Compilation

OREGON AUTOMOBILE LAW: A Compilation OREGON AUTOMOBILE LAW: A Compilation 2005 Published by Oregon State Bar Continuing Legal Education Introduction Oregon Automobile Law: A Compilation is a handy, easy-to-use volume that provides, in one

More information

Minnesota s Car Laws

Minnesota s Car Laws Minnesota s Car Laws A Guide to Minnesota s Lemon Law, Used Car Warranty Law and Truth-In-Repairs From the Office of Minnesota Attorney General Lori Swanson www.ag.state.mn.us 1 Check out the Attorney

More information

Challenges Faced by Mobile Home Owners

Challenges Faced by Mobile Home Owners Mobile homes are an important source of housing for older Americans. As the cost of housing has increased, mobile homes present a seemingly affordable alternative to elders in need of housing. Approximately

More information

Title 10: COMMERCE AND TRADE

Title 10: COMMERCE AND TRADE Title 10: COMMERCE AND TRADE Chapter 217: USED CAR INFORMATION Table of Contents Part 3. REGULATION OF TRADE... Section 1471. DEFINITIONS... 3 Section 1472. EXCLUSIONS... 5 Section 1473. CONSTRUCTION...

More information

General Assembly Raised Bill No. 922

General Assembly Raised Bill No. 922 General Assembly Raised Bill No. 922 January Session, 2003 LCO No. 3139 Referred to Committee on Transportation Introduced by: (TRA) AN ACT CONCERNING THE PURCHASE OF EXTENDED WARRANTY CONTRACTS ON MOTOR

More information

BRIEF SUMMARY OF ARIZONA WARRANTY LAW

BRIEF SUMMARY OF ARIZONA WARRANTY LAW BRIEF SUMMARY OF ARIZONA WARRANTY LAW In addition to the basic common law breach of warranty claim, Arizona plaintiffs have three codified avenues for redress in the Arizona Uniform Commercial Code, 1

More information

New Cars Buying from a Licensed Dealer New Vehicle Warranty Florida s New Car Lemon Law

New Cars Buying from a Licensed Dealer New Vehicle Warranty Florida s New Car Lemon Law Buying a car is one of the most important and most expensive decisions most of us have to make. There is certainly no shortage of vehicles available, but buyers must know what to look for, what to ask

More information

Lemon Aid How to Prepare for an Arbitration Hearing. If you have to present your claim in an arbitration hearing, you will have to give

Lemon Aid How to Prepare for an Arbitration Hearing. If you have to present your claim in an arbitration hearing, you will have to give The International Association of Lemon Law Administrators includes in its membership government agencies and other organizations that administer various types of alternative dispute resolution programs.

More information

Chapter 1. Automobile Issues

Chapter 1. Automobile Issues Chapter 1 9 One of the biggest consumer problem areas for servicemembers is buying an automobile using financing. Many servicemembers are receiving regular paychecks for the first time in their lives

More information

Q2: What does Lemon Law cover? Does it cover secondhand goods and sale/discounted items?

Q2: What does Lemon Law cover? Does it cover secondhand goods and sale/discounted items? Lemon Law FAQs Background Q1: What does the new law provide for? A1: More Clarity on Burden of Proof and Rights Period: Under the Lemon Law, if a defect is detected within 6 months, it is presumed that

More information

TEXAS LEMON AND GENERAL WARRANTY COMPLAINTS * * * * * * * * * * * * * * * * *

TEXAS LEMON AND GENERAL WARRANTY COMPLAINTS * * * * * * * * * * * * * * * * * TEXAS LEMON LAW AND GENERAL WARRANTY COMPLAINTS * * * * * * * * * * * * * * * * * Published by the Texas Department of Transportation Motor Vehicle Division P. O. Box 2293 Austin, Texas 78768 800/622-8682

More information

What amount of damages is the plaintiff entitled to recover from the defendant? 1

What amount of damages is the plaintiff entitled to recover from the defendant? 1 Page 1 of 5 745.07 NEW MOTOR VEHICLES WARRANTIES ACT ( LEMON LAW ) DAMAGES WHEN NOTE WELL: Appendices contain worksheets that the Court may want to provide to the jury, but it is not mandatory to do so.

More information

Buying a motorcycle. In the guide

Buying a motorcycle. In the guide Buying a motorcycle When you buy a new or second hand motorcycle from a trader, you enter into a legally binding contract. You are entitled to expect that the motorcycle is of satisfactory quality, fit

More information

An Overview of the Magnuson-Moss Act, Industry and Consumer Response to its. Institution, and its Relevance in the Modern Economic Environment

An Overview of the Magnuson-Moss Act, Industry and Consumer Response to its. Institution, and its Relevance in the Modern Economic Environment Vatterott/Moss Magnuson Act/Acquisition Law 1 An Overview of the Magnuson-Moss Act, Industry and Consumer Response to its Institution, and its Relevance in the Modern Economic Environment Anthony G. Vatterott

More information

General Assembly Substitute Bill No. 922

General Assembly Substitute Bill No. 922 General Assembly Substitute Bill No. 922 January Session, 2003 AN ACT CONCERNING THE PURCHASE OF EXTENDED WARRANTY CONTRACTS ON MOTOR VEHICLES. Be it enacted by the Senate and House of Representatives

More information

MOTOR VEHICLE DEALER SALESPERSON STUDY GUIDE MATERIALS

MOTOR VEHICLE DEALER SALESPERSON STUDY GUIDE MATERIALS MOTOR VEHICLE DEALER SALESPERSON STUDY GUIDE MATERIALS 2201 West Broad Street, Suite 104 Richmond, Virginia 23220 804-367-1100 www.mvdb.virginia.gov MVDB 35 REVISED 07/01/15 INTRODUCTION This study guide

More information

California Auto Dealer Advertising Law Manual

California Auto Dealer Advertising Law Manual California Auto Dealer Advertising Law Manual Manning, Leaver, Bruder & Berberich Attorneys At Law Los Angeles, California This publication is not intended, nor should it be received, as legal advice or

More information

DRIVING RELATED ISSUES. Student Legal Service University of Illinois at Urbana-Champaign

DRIVING RELATED ISSUES. Student Legal Service University of Illinois at Urbana-Champaign DRIVING RELATED ISSUES Student Legal Service University of Illinois at Urbana-Champaign License Issues You are not required to obtain an Illinois Driver s license while you are enrolled as a student in

More information

CAR BUYERS PROTECTION ACT. This act shall be known and may be cited as the Car Buyers Protection Act.

CAR BUYERS PROTECTION ACT. This act shall be known and may be cited as the Car Buyers Protection Act. CAR BUYERS PROTECTION ACT SEC. 1. Title. This act shall be known and may be cited as the Car Buyers Protection Act. SEC. 2. Findings and Declarations. The people of the State of California find and declare

More information

New Jersey Motor Vehicle Warranty Act

New Jersey Motor Vehicle Warranty Act New Jersey Motor Vehicle Warranty Act 2005 Annual Report State of New Jersey Office of the Attorney General Division of Consumer Affairs Lemon Law Unit Jon S. Corzine Governor Zulima V. Farber Kimberly

More information

Chapter Ten Automobiles

Chapter Ten Automobiles Contents Chapter Ten Automobiles Introduction Buying a New Car Buying or Selling a Used Car Lemon Laws & Other Consumer Laws Warranties Recalls Automobile Leasing and Renting Inspections Repair &Service

More information

In the Missouri Court of Appeals Eastern District

In the Missouri Court of Appeals Eastern District In the Missouri Court of Appeals Eastern District DIVISION TWO FRANCIS GRAHAM, ) No. ED97421 ) Respondent, ) Appeal from the Circuit Court ) of St. Louis County vs. ) ) Honorable Steven H. Goldman STATE

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ROBERT DAVIS and MARIAH COOK-DAVIS, Plaintiffs-Appellees, FOR PUBLICATION May 4, 2006 9:00 a.m. v No. 258434 Wayne Circuit Court LAFONTAINE MOTORS, INC., d/b/a LC No.

More information

the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2004)) of their claim that

the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2004)) of their claim that FIRST DIVISION 05/21/07 No. 1-05-2368 BERNARD VILLANUEVA and LISA VILLANUEVA, Plaintiffs-Appellants, v. TOYOTA MOTOR SALES, U.S.A., INC., and GROSSINGER CITY AUTOCORP, INC., d/b/a Grossinger City Toyota,

More information

STATE OF CONNECTICUT

STATE OF CONNECTICUT STATE OF CONNECTICUT INSURANCE DEPARTMENT Consumer Affairs Division Arbitration Unit 860.297.3889 or 860.297.3973 Fax: 860.297.3872 INFORMATIONAL PAMPHLET REGARDING ARBITRATION PROCEDURES FOR CERTAIN AUTO

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE Filed 2/4/10 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE PAUL LUKATHER, Plaintiff and Respondent, v. B209979 (Los Angeles County Super.

More information

N EW J ERSEY A DMINISTRATIVE C ODE T ITLE 13 L AW AND P UBLIC S AFETY CHAPTER 45A SUBCHAPTER 26F UNFAIR TRADE PRACTICES USED MOTOR VEHICLES SALE AND

N EW J ERSEY A DMINISTRATIVE C ODE T ITLE 13 L AW AND P UBLIC S AFETY CHAPTER 45A SUBCHAPTER 26F UNFAIR TRADE PRACTICES USED MOTOR VEHICLES SALE AND N EW J ERSEY A DMINISTRATIVE C ODE T ITLE 13 L AW AND P UBLIC S AFETY CHAPTER 45A SUBCHAPTER 26F UNFAIR TRADE PRACTICES USED MOTOR VEHICLES SALE AND WARRANTY (USED CAR LEMON LAW) Chapter 45A, Subchapter

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES L. MARTIN, Plaintiff Below- Appellant, v. NATIONAL GENERAL ASSURANCE COMPANY, Defendant Below- Appellee. No. 590, 2013 Court Below Superior Court of

More information

Preamble. Page 1 of 5

Preamble. Page 1 of 5 TITLE 11. INSURANCE DEPARTMENT Chapter XI -- PREPAID LEGAL SERVICES PLANS AND LEGAL SERVICES INSURANCE Part 262. Legal Services Insurance (Regulation 162) 11 NYCRR 262.0 Preamble (a) This Part implements,

More information

ConsumerMan Video for LifeSmarts 10: BUYING A CAR

ConsumerMan Video for LifeSmarts 10: BUYING A CAR ConsumerMan Video for LifeSmarts 10: BUYING A CAR Lesson Plan Overview Whether new or used, buying a vehicle is probably the largest purchase a teenage will make. While those in the business sell cars

More information

Lemon-Aid For Consumers

Lemon-Aid For Consumers Lemon-Aid For Consumers Gray Davis, Governor State of California Aileen Adams, Secretary State and Consumer Services Agency Kathleen Hamilton, Director Department of Consumer Affairs CALIFORNIA DEPARTMENT

More information

Vehicle purchasing guide

Vehicle purchasing guide Vehicle purchasing guide Buy from a licensed Wisconsin dealer and you are protected by Wisconsin's motor vehicle trade practice law. Dealers follow the law when they advertise, display, and sell vehicles.

More information

OFFICE OF THE ATTORNEY GENERAL FLORIDA NEW MOTOR VEHICLE ARBITRATION BOARD

OFFICE OF THE ATTORNEY GENERAL FLORIDA NEW MOTOR VEHICLE ARBITRATION BOARD OFFICE OF THE ATTORNEY GENERAL FLORIDA NEW MOTOR VEHICLE ARBITRATION BOARD QUARTERLY CASE SUMMARIES January 2001 - March 2001 (1st Quarter) JURISDICTION: Consumer 681.102(4), F.S. B & P Duplicating Service,

More information

Adviceguide Advice that makes a difference

Adviceguide Advice that makes a difference Buying at auction What the law says In most circumstances when you buy goods, the law would require that they: match their description. This means they must be as described by the seller. This includes

More information

NEW YORK'S NEW CAR LEMON LAW A GUIDE FOR CONSUMERS

NEW YORK'S NEW CAR LEMON LAW A GUIDE FOR CONSUMERS STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL NEW YORK'S NEW CAR LEMON LAW A GUIDE FOR CONSUMERS ERIC T. SCHNEIDERMAN Attorney General New York's New Car Lemon Law: A Guide for Consumers CONTENTS New

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

Ford Motor Company Pennsylvania

Ford Motor Company Pennsylvania Ford Motor Company Pennsylvania Ford Motor Company has agreed to arbitrate certain warranty claims through BBB AUTO LINE. Ford s participation in BBB AUTO LINE covers Ford, Lincoln, and Mercury vehicles.

More information

Gen. 311] 311. November 23, 1994

Gen. 311] 311. November 23, 1994 Gen. 311] 311 INSURANCE ) VEHICLE LAWS ) STATUS OF PROVIDERS OF SERVICES UNDER MOTOR VEHICLE MECHANICAL REPAIR CONTRACTS LAW November 23, 1994 Mr. Dwight K. Bartlett, III Insurance Commissioner of Maryland

More information

DEALER/SALESPERSONS STUDY GUIDE

DEALER/SALESPERSONS STUDY GUIDE DEALER/SALESPERSONS STUDY GUIDE WARRANTIES 1. In every contract for the sale of a vehicle, which of the following is true? A. There is an implied warranty that the vehicle is merchantable. B. The vehicle

More information

Maritime/Non-Maritime Law on Boat Sales, Warranties & Disclaimer Requirements

Maritime/Non-Maritime Law on Boat Sales, Warranties & Disclaimer Requirements Julius H. Hines Maritime/Non-Maritime Law on Boat Sales, Warranties & Disclaimer Requirements K&L Gates LLP, Charleston SC Copyright 2013 by K&L Gates LLP. All rights reserved. klgates.com 2 TYPES OF LAW

More information

A Guide to New York State s Lemon Law

A Guide to New York State s Lemon Law A Guide to New York State s Lemon Law NYS Consumer Protection Board 5 Empire State Plaza Suite 2101 Albany, New York 12223-1556 1-800-697-1220 www.consumer.state.ny.us 36 New York State Consumer Protection

More information

Flexible Circuits Inc. Purchase Order Standard Terms and Conditions

Flexible Circuits Inc. Purchase Order Standard Terms and Conditions Flexible Circuits Inc. Purchase Order Standard Terms and Conditions 1. Acceptance- This writing, together with any attachments incorporated herein, constitutes the final, complete, and exclusive contract

More information

Below is an overview of the Molex lease process as it applies to Molex Application Tooling equipment.

Below is an overview of the Molex lease process as it applies to Molex Application Tooling equipment. Dear Valued Customer, Below is an overview of the Molex lease process as it applies to Molex Application Tooling equipment. Lease process: Molex does not offer leases for all of the equipment that we promote.

More information

CONDOMINIUM LIVING IN FLORIDA. Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes

CONDOMINIUM LIVING IN FLORIDA. Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes CONDOMINIUM LIVING IN FLORIDA Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes Northwood Centre 1940 North Monroe Street Tallahassee, Florida

More information

SMALL CLAIMS. Superior Court of New Jersey Law Division Special Civil Part Small Claims Section

SMALL CLAIMS. Superior Court of New Jersey Law Division Special Civil Part Small Claims Section SMALL CLAIMS Superior Court of New Jersey Law Division Special Civil Part Small Claims Section Small Claims page 1 T he Small Claims Section is a court in which you may sue someone (the defendant) to collect

More information

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT BAUER V. TOYOTA MOTOR SALES, U.S.A., INC. CASE NO. BC375017

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT BAUER V. TOYOTA MOTOR SALES, U.S.A., INC. CASE NO. BC375017 NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT BAUER V. TOYOTA MOTOR SALES, U.S.A., INC., CASE NO. BC375017 In the Superior Court of California, Los Angeles County IF YOU ARE A CURRENT OR FORMER OWNER

More information

THE STATE OF FLORIDA...

THE STATE OF FLORIDA... TABLE OF CONTENTS I. THE STATE OF FLORIDA... 2 A. FREQUENTLY CITED FLORIDA STATUTES... 2 1. General Considerations in Insurance Claim Management... 2 2. Insurance Fraud... 5 3. Automobile Insurance...

More information