1 Louisiana Lemon Law Statutes For more information or to contact a Louisiana lemon law lawyer, visit LSA-R.S. 51: Definitions The following definitions apply when used in this Chapter: (1) Collateral costs means sales tax, license fees, and registration fees and any similar governmental charges. (2) Consumer means: (a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty. (b) A person, other than for purposes of resale, to whom a motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle. (c) A person to whom a motor vehicle is leased. (d) Any other person entitled to enforce the warranty. (3) Dealer means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, new all-terrain vehicles, or new motor homes at retail and who has an established place of business. (4) Manufacturer means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles. (5) Manufacturer's express warranty and warranty mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of an obligation under that warranty. (6) Motor vehicle means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in R.S. 32:1252(13), sold in this state on or after September 1, Motor vehicle shall include a personal watercraft as defined in R.S. 34:855.2 and an all-terrain vehicle as defined in R.S. 32:771(1), sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. Motor vehicle shall include the chassis and drive train of a motor home as defined in R.S. 32:1252(12), sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. For the purposes of this Chapter, the following motor vehicles are excluded: (a) Motor vehicles, except for motor homes, 10,000 GVW or above. (b) Motor vehicles used exclusively for commercial purposes. (7) Nonconformity means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle. LSA-R.S. 51: Manufacturer's duty to repair; nonconformity If a new motor vehicle does not conform to an applicable express warranty, and the consumer reports the nonconformity to the manufacturer or any of its authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such terms or such one-year period.
2 LSA-R.S. 51: Express warranties; time limit to conform A. (1) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if the vehicle is out of service by reason of repair for a cumulative total of forty-five or more calendar days or the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date. (2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, in the case of a motor home, the consumer shall provide written notification to the manufacturer of any of the following: (i) The need to repair the nonconformity. (ii) Evidence of a cumulative total of at least ninety days of the motor home being out of service. (iii) Evidence that the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date. (b) Upon such notification, the manufacturer shall have a final attempt to repair the vehicle. The manufacturer shall have five business days upon receipt of such notification to respond to the consumer as to where the motor home may be delivered for repair. The repair facility shall be one which is authorized by the manufacturer to perform the necessary warranty work. (c) Once delivered, the repair facility shall have ten business days within which to conform the vehicle to the applicable warranty. The time periods provided for in this Paragraph may only be extended if the consumer authorizes such extension in writing. (3) If a manufacturer fails to respond to the consumer or to perform the repairs within the time periods described in Paragraphs (1) and (2) of this Subsection, such manufacturer shall be deemed to have waived his rights to a final attempt to cure the nonconformity. B. The term of an express warranty shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster. C. The provisions in Subsection A of this Section shall be suspended for any period of time during which repair services cannot be performed by the manufacturer, its agents, or authorized dealer because of war, invasion, strike, fire, flood, or natural disaster. LSA-R.S. 51: Motor vehicle replacement or refund A. If a nonconformity in a motor home has not been repaired within the time periods provided for in R.S. 32:1943(A)(2), or if after four or more attempts within the express warranty term or during a period of one year following the date of the original delivery to the consumer of a motor vehicle which is not a motor home, whichever is the earlier, the nonconformity has not been repaired or if the vehicle is out of service by reason of repair for a cumulative total of ninety or more calendar days during the warranty period, the manufacturer shall: (1) Replace the motor vehicle with a comparable new motor vehicle, or, at its option, (2) Accept return of the motor vehicle and refund the full purchase price plus any amounts paid by the consumer at the point of sale, and all collateral costs less a reasonable allowance for use to the consumer, or any holder of a perfected security interest in the motor vehicle, as their interest may appear, if the transaction was a sale.
3 B. If the transaction is a lease, the provisions of Paragraph (1) of Subsection A of this Section are applicable or the manufacturer may, if the lessor is willing, accept return of the motor vehicle and reimburse the lessee for all reasonable expenditures in connection with the lease, and further satisfy all conditions of the lease in connection with early termination and related charges. The lessee shall be liable for a reasonable allowance for use of the vehicle prior to the return thereof. C. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first notice of nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. D. If a manufacturer has established an informal dispute settlement procedure which substantially complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of Subsections A, B and C of this Section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure. E. The consumer shall have no more than three years from the date he purchased the motor vehicle or until one year from the end of the warranty period, whichever is longer, in which to file suit against the manufacturer to force compliance with the provisions of this Section. LSA-R.S. 51: Transfer of title; time limitation At the time of receiving the comparable new motor vehicle or refund under R.S. 51:1944, the consumer, or lessor, where applicable, shall surrender the motor vehicle subject to the nonconformity to the manufacturer together with the certificate of title with all endorsements necessary to transfer title to the manufacturer. The manufacturer shall provide the consumer, or lessor, where applicable, with a comparable new motor vehicle or refund within thirty days after an offer to transfer title in compliance with this Section by the consumer, or lessor, where applicable, or within thirty days after a decision by the informal dispute settlement procedure established by the manufacturer to award a refund or replacement. LSA-R.S. 51: Mandatory disclosure of nonconformity to warranty by sellers A. (1) Upon the sale or transfer of title by a manufacturer, its agent, or any dealer of any secondhand motor vehicle, previously returned to a manufacturer for nonconformity to its warranty pursuant to the requirements of this Chapter, the manufacturer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN THE TIME PROVIDED BY LOUISIANA LAW." (2) Such notice that a vehicle was returned to the manufacturer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle's certificate of title. B. The failure of a dealer to deliver to the buyer the instrument required by this Section shall constitute a violation of this Chapter and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars for each violation. LSA-R.S. 51: Other remedies Nothing in this Chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
4 LSA-R.S. 51: Attorney fees If the motor vehicle does not conform to applicable express warranties after the consumer has complied with the requirements of this Chapter, the consumer shall be entitled to reasonable attorney fees actually incurred if a judgment is rendered in part or whole in his favor. LSA-R.S. 51: Manufacturer's duty to provide reimbursement for temporary replacement vehicle; penalties A. Whenever a motor vehicle which is covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental vehicle reimbursement of up to twenty dollars per day: (1) The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair. (2) The defect, malfunction, or nonconformity is the same for which the motor vehicle has been tendered to the dealer for repair on two previous occasions. B. The provisions of this Section regarding a manufacturer's duty shall extend only for the period of the length of the manufacturer's express warranty or for two years, whichever period of time occurs first. C. For violations of the provisions of Subsection A, the consumer shall be entitled to recover from the manufacturer for damages incurred and reasonable attorney fees actually incurred; however, in no event shall the amount of damages awarded be less than two hundred dollars. The provisions of this Section will become effective as to cars sold after January 1, 1987, and will not be in effect in case of war, work stoppages, and natural disasters beyond the control of the manufacturer that would prevent the timely repair or parts delivery to a dealer. D. This Section shall not apply to personal watercraft or all-terrain vehicles tendered to a manufacturer for repair. E. This Section shall not apply to motor homes tendered to a manufacturer for repair. LSA-R.S. 51: Disclosure by seller It shall be an unfair and deceptive trade practice within the meaning of R.S. 51:1405(A) for any person to sell a motor vehicle of 1980 or later model from which the emission controls have been removed, disconnected, or otherwise rendered inoperable without disclosing such fact to the potential buyer prior to the sale of the vehicle. Any person aggrieved by a violation of this Chapter shall have a right of action regardless of whether the sale is a commercial or consumer transaction. Note: The following information was excerpted from a brochure provided by the Louisiana State Bar Association. This brochure, prepared by the Member Services Committee of the Louisiana State Bar Association, is issued to inform and provide general information, not to advise. If you have a specific legal problem, you should not try to apply or interpret the law without the aid of a trained expert who knows the fact, because the facts may change the application of the law. In 1984 the Louisiana Legislature enacted Louisiana's "Lemon Law." This law is located in Louisiana Revised Statutes 5:1941 et. seq.
5 Under this law a consumer who purchases or leases a new motor vehicle for personal, family or household purposes has certain remedies against the manufacturer and seller of the automobile if the vehicle does not conform to an applicable express warranty. To benefit from this law you must: Report the nonconformity to the manufacturer or any of its authorized motor vehicle dealers; Make the motor vehicle available for repair before the expiration of the warranty or during a period of one year following the date of the original delivery of the motor vehicle to you, whichever is the earlier date. The manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the warranty. Refund Entitlement If after four or more attempts within the express warranty term or during a period of one year following the date of the original delivery of the motor vehicle to you, whichever is earlier, the nonconformity has not been repaired or if the vehicle is out of service by reason of repair for a cumulative total of 30 or more days during the warranty period, the manufacturer shall do one of two things: 1. Replace the motor vehicle with a comparable new motor vehicle, or, at its option; 2. Accept return of the motor vehicle and refund the full purchase price plus any amounts paid by the consumer at the point of sale, and all collateral costs less a reasonable allowance for use. Reasonable Allowance For Use According to the statute, a reasonable allowance for use shall be that directly attributable to use by the consumer prior to the first notice of nonconformity to the manufacturer, agent or dealer and during any subsequent period where the vehicle is not out of service by reason of repair. Manufacturer's Refusal To Replace Or Refund If the manufacturer refuses to replace the vehicle or refund the money, first determine if the manufacturer has established an informal dispute settlement procedure. If so, you must follow that procedure before the Louisiana Lemon law will apply. Consult your attorney to be sure you do not waive any of your rights. Attorney's Fees Entitlement The statute provides that, if you comply with the requirements of the Louisiana Lemon law and you are successful, you are entitled to reasonable attorney's fees actually incurred. Time Limit For New Vehicle Refund If you win the case, you must return the nonconforming vehicle and the certificate of title to the manufacturer, who then has 30 days to replace the vehicle or refund your money. If you win after a decision by the informal dispute settlement procedure, the manufacturer has 30 days after the decision to replace or refund. Always consult an attorney to make certain of your particular rights and remedies under the law. 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
6 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 Louisiana 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
7 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 nonconformities he does discover will be remedied. What is a noncomformity substantially impairing the value of the vehicle? 1. A nonconformity 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".
8 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 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 Louisiana 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. Additional narrative information on Magnusson-Moss, UCC and Louisiana lemon laws on these pages is provided by T. Michael Flinn, attorney.
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.
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,
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
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
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
STANDARDS OF THE VIRGINIA 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 Code of 59.1-207.9 et seq. VEHICLES
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,
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
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
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
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
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
WISCONSIN LEMON LAW EXECUTIVE SUMMARY WISCONSIN LEMON LAW EXECUTIVE SUMMARY TIME PERIOD FOR FILING CLAIMS Repair attempts/days out of service must occur before the earlier of the expiration of the warranty;
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.
Colorado s Assistive Technology Lemon Law On April 30, 1997, Governor Roy Romer signed into law House Bill 97-1194, Concerning Self-Sufficiency For Persons With Disabilities By Assuring Reliable Assistive
State of Arizona Senate Forty-third Legislature Second Regular Session REFERENCE TITLE: used vehicle sales; implied warranty Introduced by Senators Kaites, Solomon; Representative Horton AN ACT Amending
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...
[CHAPTER 481J] USED MOTOR VEHICLE SALES AND WARRANTIES Section 481J-1 Definitions 481J-2 Used motor vehicles: written warranty required, terms 481J-3 Disclaimers void; authorized waivers; exemptions; "as
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
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
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
MODEL LAW ON MOTOR VEHICLE INSPECTION BY INDEPENDENT CONTRACTORS AND SELF INSPECTORS Section 1. Definitions.-- As used in this act, the term: (1) "Contractor" means any person, corporation, or partnership
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
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
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
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
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
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
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
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
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
The Rosenthal Fair Debt Collection Practices Act California Civil Code 1788 et seq. 1788. This title may be cited as the Rosenthal Fair Debt Collection Practices Act. 1788.1 (a) The Legislature makes the
Credit Services Organization Act 24 O.S. 131 148 Chapter 8 Credit Services Organization Act Section 131 Short Title This act shall be known and may be cited as the "Credit Services Organization Act". Added
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
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.
2015 Regular Session SENATE BILL NO. 172 BY SENATOR MORRISH Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. LIABILITY INSURANCE. Provide with respect to the Transportation
114CSR14 WEST VIRGINIA LEGISLATIVE RULE INSURANCE COMMISSIONER SERIES 14 UNFAIR TRADE PRACTICES Section. 114-14-1. General. 114-14-2. Definitions. 114-14-3. File and Record Documentation. 114-14-4. Representation
NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this
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
RULES OF GOVERNOR S OFFICE OF CONSUMER PROTECTION GEORGIA LEMON LAW ACT OF 2008 Chapter 122-15 Georgia Lemon Law Administration 122-15-.01 Administration (1) The Georgia Lemon Law shall be administered
HOUSE BILL No. 2114 AN ACT concerning the vehicle dealers and manufacturers licensing act; relating to vehicle bonds; amending K.S.A. 2000 Supp. 8-2404 and repealing the existing section. Be it enacted
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
Commonwealth of Massachusetts City of Brockton APPLICATION FOR A LICENSE TO BUY, SELL, EXCHANGE OR ASSEMBLE SECOND HAND MOTOR VEHICLES OR PARTS THEREOF I, the undersigned, duly authorized by the concern
Rhode Island Statutes Title 34. Property Chapter 34-42. Self-Service Storage Facilities Current through Public Law 33 of the 2014 Legislative Session 34-42-1. Short title This chapter shall be known as
Mediation of Emergency or Disaster-Related Insurance Claims This Act: provides for a voluntary mediation program for residential property insurance claims caused by disasters; requires sellers of property
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
AMENDED IN ASSEMBLY JANUARY 6, 2014 california legislature 2013 14 regular session ASSEMBLY BILL No. 335 Introduced by Assembly Member Brown February 13, 2013 An act to amend Section 14602.6 of the Vehicle
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
Consumer Protection (Fair Trading) (Amendment) Bill Bill No. /2012. Read the first time on. 2012. A BILL intituled An Act to amend the Consumer Protection (Fair Trading) Act (Chapter 52A of the 2009 Revised
PURCHASE ORDER TERMS AND CONDITIONS 1. DEFINITIONS: In these Terms and Conditions and all documents related to the Purchase Order: Purchaser means the entity issuing the Purchase Order as identified on
ASSEMBLY, No. STATE OF NEW JERSEY Introduced Pending Technical Review by Legislative Counsel PRE-FILED FOR INTRODUCTION IN THE SESSION By Assemblymen DiGAETANO and KELLY 0 0 AN ACT concerning home improvement
Regular Session, 0 SENATE BILL NO. ACT No. BY SENATOR MARIONNEAUX 0 AN ACT To amend and reenact R.S. :.,.(A),.(), (), () and (0),.,.(A)(),.0(C),.(B) and (C),.(B) and (C), and., and to repeal R.S. :.(),.,
STATE OF OKLAHOMA 2nd Session of the 43rd Legislature (1992) SENATE BILL NO. 774 BY: KERR AS INTRODUCED AN ACT RELATING TO BANKING; PROVIDING SHORT TITLE; DEFINING TERMS; AUTHORIZING CERTAIN LENDERS TO
Wyoming Department of Transportation Vehicle Dealers CHAPTER 5 Section 1. Authority and Purpose. The Wyoming Department of Transportation (the department) promulgates these rules of practice and procedure
ANNOTTED CODE OF MARYLAND COMMERCIAL LAW TITLE 14. MISCELLANEOUS CONSUMER PROTECTION PROVISIONS SUBTITLE 12B. HEALTH CLUB SERVICES 14-12B-01. Definitions (a) In general. -- In this subtitle the following
Article 15. Foreign Corporations. Part 1. Certificate of Authority. 55-15-01. Authority to transact business required. (a) A foreign corporation may not transact business in this State until it obtains
Children s Product Safety and Recall Effectiveness Act (December 2012) Andrew M. Cuomo Governor New York State DEPARTMENT OF STATE Division of Licensing Services www.dos.ny.gov Cesar A. Perales Secretary
SALE OF GOODS ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE: Zara Law Offices 111 John Street Suite 510 New York, NY 10038 Tel: 1-212-619 45 00 Fax: 1-212-619 45 20 www.zaralawny.com 1 The Uniform Commercial
PART 3 HEALTH CLUBS 47-18-301. Definitions. As used in this part, unless the context otherwise requires: (1) Buyer means a purchaser under a health club agreement; (2) Commissioner means the commissioner
General Terms and Conditions 1. ACCEPTANCE Seller acknowledges and agrees that these General Terms and Conditions are incorporated in, and a part of, this contract and each purchase order. Purchase order
LC01 01 -- S S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO INSURANCE - MOTOR VEHICLE PROPERTY DAMAGE CLAIMS SETTLEMENT ACT Introduced By: Senators
Town of Berlin Board of Selectmen s Office 23 Linden Street, Room 206, Berlin, MA 01503 Email firstname.lastname@example.org Phone 978-838-2442 Fax 978-838-0014 CAR DEALERS LICENSE - APPLICATION FORM New Application
New York State Department of Labor Article 31 New York Professional Employer Act ART 31 (06/14) ARTICLE 31 NEW YORK PROFESSIONAL EMPLOYER ACT Section 915. Short title. 916. Definitions. 917. Continuing
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION H HOUSE BILL Short Title: Regulate Reverse Mortgages. (Public) Sponsors: Representatives Brubaker, Easterling, Hasty, Ligon, Lineberry, Privette, and Woodard.
Article 21. Reverse Mortgages. 53-255. Title. This Article shall be known and may be cited as the Reverse Mortgage Act. (1991, c. 546, s. 1; 1995, c. 115, s. 1.) 53-256. Purpose. It is the intent of the
GENERAL ASSEMBLY OF NORTH CAROLINA 1991 SESSION CHAPTER 546 HOUSE BILL 22 AN ACT TO REGULATE REVERSE MORTGAGES. The General Assembly of North Carolina enacts: Section 1. Chapter 53 of the General Statutes
/ 940 CMR: OFFICE OF THE A TIORNEY GENERAL 940 CMR 5.00: MOTOR VEHICLE REGULATIONS Section 5.01: Definitions 5.02: Advertising of Motor Vehicles 5.03: Manufacturers' Responsibilities 5.04: Sales Requirements
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
VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a
Part I. Definitions Section 339D-1 Definitions CHAPTER 339D ELECTRONIC WASTE AND TELEVISION RECYCLING AND RECOVERY ACT Part II. Electronic Waste Recycling 339D-2 Scope of products 339D-3 Sales prohibition
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 email@example.com What China's Lemon Law Will Mean For Manufacturers
TITLE 81. BANKS AND FINANCIAL INSTITUTIONS CHAPTER 22. MISSISSIPPI DEBT MANAGEMENT SERVICES ACT [REPEALED EFFECTIVE JULY 1, 2013] Section 81-22-1. Short title [Repealed effective July 1, 2013] 81-22-3.
CHAPTER 172 AN ACT concerning consumer credit reports and supplementing Title 56 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.56:11-28 Short title.
Senate Engrossed House Bill State of Arizona House of Representatives Fifty-second Legislature First Regular Session 0 CHAPTER HOUSE BILL AN ACT AMENDING SECTIONS -, -00 AND -0, ARIZONA REVISED STATUTES;
Article 3. Model Payment and Performance Bond. 44A-25. Definitions. Unless the context otherwise requires in this Article: (1) "Claimant" includes any individual, firm, partnership, association or corporation
West s Annotated MISSISSIPPI CODE Using the Classification and Numbering System of the Mississippi Code of 1972 Title 73 Professions and Vocations 2002 Cumulative Annual Pocket Part Chapter 60 HOME INSPECTORS
Regular Session, 2001 $&71R SENATE BILL NO. 1105 (SUBSTITUTE FOR SENATE BILL 812 BY SENATOR SCHEDLER) BY SENATOR SCHEDLER AN ACT To enact Part XXV of Chapter 1 of Title 22 of the Louisiana Revised Statutes
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
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?