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Showing posts with label Lemon Law by State. Show all posts
Showing posts with label Lemon Law by State. Show all posts
Tuesday, March 18, 2008
Tennessee Lemon Law Information
The Tennessee Lemon Law applies when, during the first year (no mileage limit) following delivery of a new vehicle:
1) the dealer has attempted to repair the same problem three (3) or more times, or
2) the vehicle has been out of service for repair at the dealership for a cumulative total of 30 days or more.
To qualify for the Lemon Law, after either of the criteria above is met, you must notify the manufacturer in writing by certified mail. After receiving your notice, the manufacturer has ten (10) days to make a final repair attempt.
Also to qualify, the problem must "substantially impair" the automobile, & must not be the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer
Tuesday, February 26, 2008
Connecticut Lemon Law Information
The Connecticut Lemon Law applies when, during the first two years or 24,000 miles (whichever comes first), following delivery of a new vehicle:
1) the dealer has attempted to repair the same problem four (4) or more times. However, your car may also be eligible if you have less than four repair attempts for the same problem and can justify this is a reasonable number of repair attempts, and repairs have been performed within 2) the eligibility period, or
3) the problem is a safety defect which is likely to cause death or serious injury if the vehicle is driven, and the defect continues to exist after two or more attempts during the first year, or
4) the vehicle has been out of service for repair at the dealership for a cumulative total of 30 days or more, for any number of unrelated problems.
To qualify for the Lemon Law, the defects must not have been caused by the consumer's abuse, neglect or unauthorized modification of the vehicle.
Tuesday, February 19, 2008
New Hampshire Lemon Law Information
The New Hampshire Lemon Law applies when, during the first two (2) years following delivery of a new vehicle:
1) the dealer has attempted to repair the same problem three (3) or more times, or
2) the vehicle has been out of service for repairs at the dealership for a cumulative total of 30 or more business days.
For the New Hampshire Lemon Law to apply, you must not have discontinued any leasing or financing payments on the vehicle. The law applies only to problems that substantially impair the use, market value, or safety of the vehicle, and problems that are not the result of abuse, neglect, or unauthorized modifications or alterations of the vehicle.
When filing a Lemon Law claim, you must choose to have your claim decided either by the manufacturer's arbitration process or the New Hampshire new motor vehicle arbitration board.
Tuesday, February 12, 2008
Maine Lemon Law Information
The Maine Lemon Law applies when, during the first three (3) years, 18,000 miles or the end of the manufacturer warranty (whichever occurs first) following delivery of a new vehicle:
1) the dealer has attempted to repair the same problem three (3) or more times, or
2) the dealer has attempted at least one repair of a serious failure of either the braking or steering system, or
3) the vehicle has been out of service for repairs at the dealership for a cumulative total of 15 or more business days (any days that the service department of an authorized dealer is open for business).
If the vehicle defect is so serious that you cannot wait (e.g., a safety problem) you do not necessarily have to meet the repair attempts standard. However, you must give the manufacturer at least one opportunity to repair and then a "final opportunity to repair."
Once the manufacturer or authorized dealer has not been able to repair the substantial defect, and the problem continues or recurs, you must contact the manufacturer in writing and state that you want a refund or replacement and that you will give the manufacturer one final repair opportunity, of at least seven business days, to fix the defect.
For the Maine Lemon Law to apply, the defect must substantially impair the vehicle's use, value, or safety, and must not have been caused by owner negligence, accident, vandalism, or have resulted from an unauthorized repair or alteration of the vehicle by a person other than the manufacturer, its agents or authorized dealers.
Wednesday, February 06, 2008
Michigan Lemon Law Information
The Michigan Lemon Law applies when, during the first two (2) years (with restrictions - see below) following delivery of a new vehicle:
1)the dealer has attempted to repair the same problem four (4) or more times, with the first repair attempt occurring during the first year, or
2)the vehicle has been out of service for repairs at the dealership for a cumulative total of 30 or more calendar days occurring during the first year.
You should provide the manufacturer with a "last chance letter" (certified mail, return receipt), preferably before the 4th repair attempt or before the expiration of the 30-day period.
If the manufacturer warranty requires that you enter into a mediation process, and that mediation process conforms to Federal Trade Commission regulations (many do not), you must go through that first before filing a lawsuit. The outcome of the mediation process is never binding for the consumer - if you are unhappy with the outcome, you may always file a lawsuit afterward.
Tuesday, January 22, 2008
Arkansas Lemon Law
The consumer is protected during the term of the manufacturer's warranty for up to two (2) years after the original delivery date of the vehicle OR for the first 24,000 miles, whichever occurs last. If the vehicle is transferred to someone else during this period, that owner or person leasing the vehicle is also covered under the Lemon Law.
The Lemon Law presumes that you are entitled to a refund or replacement if the manufacturer or its dealer has made a certain number of unsuccessful attempts to repair nonconformities that substantially impair the use, value or safety of your vehicle (four or more repair attempts, or more than 30 days out of service).
However, there is an exception (or in legal terminology, the presumption is rebuttable). If the manufacturer can prove that it has not had a reasonable opportunity to repair your car, you may not be entitled to a refund or replacement vehicle. For example, if the manufacturer can prove that the number of repair attempts was not unreasonable because you did not follow the terms of the warranty, or some event (such as a labor strike) prevented timely repairs, the Lemon Law might not help you. In addition, if you abused the car or damaged it in an accident, the Lemon Law might nor apply.
Dangerously defective vehicles may be returned in an even shorter period of time. If the problem involves a defect that is likely to cause death or serious bodily injury (such as brake failure or a steering wheel that locks) the Lemon Law may apply if the problem is not promptly corrected after the second attempt.
Saturday, January 19, 2008
Delaware Lemon Law Information
The Delaware Lemon Law applies when, during the first year or manufacturer's warranty period term (whichever is shorter), following delivery of a new vehicle:
1)the dealer has attempted to repair the same problem four (4) or more times
2)the vehicle has been out of service for repair at the dealership for a cumulative total of 30 or more calendar days.
To qualify for the Delaware Lemon Law, you must provide the manufacturer (not the dealer) with written notice of your lemon law claim, and give the manufacturer one last chance to arrange for your vehicle be repaired.
The defect must substantially impair the use, market value, or safety of the vehicle, and must also not be the result of abuse, neglect, or unauthorized modifications or alterations of the vehicle by anyone except a dealer.
Friday, January 18, 2008
New York Lemon Law Information
The New York Lemon Law applies when, during the first two (2) years or 18,000 miles (whichever comes first) following delivery of the vehicle:
1) the dealer has attempted to repair the same problem four (4) or more times, or
2)the vehicle has been out of service due to repair attempts by the dealer for a total of 30 or more calendar days.
To be covered under the New York Lemon Law, the problem must have caused "substantial impairment of value." For example, a defect in the engine which makes the car inoperable is clearly substantial. Some courts have found that the cumulative effect of numerous lesser defects can add up to substantial impairment of value.
The law covers both new and used vehicles where the vehicle was covered by the manufacturer's new car warranty at the time of original delivery; The vehicle was purchased, leased or transferred within the earlier of the first 18,000 miles or two years from the date of original delivery; and the vehicle either: (a) was purchased, leased or transferred in New York State, or (b) is presently registered in New York State; and the vehicle is primarily used for personal purposes.
Monday, January 07, 2008
Nebraska Lemon Law Information
The Nebraska Lemon Law applies when, during the first year following delivery of a new vehicle:
1) the dealer has attempted to repair the same problem four (4) or more times, or
2) the vehicle has been out of service for repairs at the dealership for a cumulative total of 40 or more days.
There are other cases where the Lemon Law would apply - for example, an arbiter or judge might decide that a life-threatening defect does not need four repair attempts before concluding the vehicle is a lemon.
As long as you notify the manufacturer in writing of your intention to pursue lemon status for your vehicle before the end of the 1-year period, your claim will still be valid even if the process extends beyond the 1-year limit.
The Nebraska Lemon Law applies only to problems that substantially impair the use or market value of the vehicle, and problems that are not the result of abuse, neglect, or unauthorized modifications of the vehicle.
Tuesday, January 01, 2008
Oklahoma Lemon Law Information
The Oklahoma Lemon Law applies when, during a one-year period following delivery of the vehicle:
1)the dealer has attempted to repair the same problem four (4) or more times within the first year of ownership, or
2)the vehicle has been out of service due to repair attempts by the dealer for a total of 45 or more calendar days.
To qualify for the Lemon Law, the problem or defect must substantially impair the use and value of the vehicle, and must not be the result of abuse, neglect or unauthorized modifications or alterations.
Friday, December 28, 2007
Alaska Lemon Law Information
The Alaska Lemon Law applies when, during the first year following delivery of the new vehicle:
1)the dealer has attempted to repair the same problem three or more times, or
2)the vehicle has been out of service due to repair attempts by the dealer for a total of 30 or more business days.
The defect or problem must substantially impair the use or the market value of the vehicle, & must not be the result of alteration, abuse or neglect.
Wednesday, December 19, 2007
Montana Lemon Law Information
The Montana Lemon Law applies when, during the first two (2) years or 18,000 miles (whichever occurs first) following delivery of a new vehicle:
1)the dealer has attempted to repair the same problem four (4) or more times, or
2) the vehicle has been out of service for repairs at the dealership for a cumulative total of 30 or more business days.
To qualify for the Montana Lemon Law, there must be substantial defects that impair the use, market value or safety of the vehicle. The problems can't have resulted from abuse, neglect, modification or alteration by anyone other than the manufacturer or authorized dealer.
The Lemon Law coverage can be extended by up to an additional year as long as you report the defect in writing to the dealer or manufacturer during the 2 year/18,000 mile period.
Colorado Lemon Law Information
The Colorado Lemon Law applies when, during the first one-year period following delivery of the vehicle:
the dealer has attempted to repair the same problem four or more times, or
the vehicle has been out of service due to repair attempts by the dealer for a total of 30 or more business days.
The defect or problem must substantially impair the use or the market value of the vehicle. Prior to suing a manufacturer for a refund or replacement vehicle, you must first send a written notice of defect by certified mail to the manufacturer, give them a chance to repair it and go through the manufacturer's informal dispute settlement procedure, if one exists. Manufacturers that have a dispute settlement, or arbitration, procedure that complies with Federal standards are not subject to provisions of the Lemon Law concerning refunds or replacement until the customer has pursued arbitration.
Tuesday, December 18, 2007
New Mexico Lemon Law Information
The New Mexico Lemon Law applies when, during the first year following delivery of a new vehicle to the consumer:
1)the dealer has attempted to repair the same problem four (4) or more times, or
2)the vehicle has been out of service due to repair attempts by the dealer for a total of 30 or more days.
Only major defects that both decrease the value of the car and interfere with its use are covered.
New Mexico Lemon Law information (see the Young Consumer Guide) » New Mexico Attorney General's Office »
New Mexico Used Car Lemon Law Information
Effective January 1, 2004, dealers that sell used cars are required to tell the customer about any problems the vehicle has and issue warranties for 15 days or 500 miles, which ever comes first. Dealers are not allowed to use the terms "AS IS' or "no warranty".
Monday, December 17, 2007
Arizona Lemon Law Information
The Arizona Lemon Law applies when, during the first two years, 24,000 miles, or the end of the warranty (whichever occurs first) following delivery of a new vehicle to the consumer:
1)the dealer has attempted to repair the same problem four (4) or more times, or
2)the vehicle has been out of service due to repair attempts by the dealer for a cumulative total of 30 or more calendar days.
You must take action to initiate the Arizona Lemon Law process within six (6) months of the end of the period described above. The alleged nonconformity must substantially impair the use and market value of the vehicle, and must not have resulted from abuse, neglect or unauthorized modifications or alterations of the vehicle.
Friday, December 14, 2007
Utah Lemon Law Information
The Utah Lemon Law applies when, during the first year following delivery of a new vehicle:
1)the dealer has attempted to repair the same problem four (4) or more times, or
2)the vehicle has been out of service for repairs at the dealership for a cumulative total of 30 or more calendar days.
The defect must "substantially impair the use, market value or safety of the vehicle", and cannot be the result of abuse, neglect or unauthorized modifications of the vehicle. Also, you must go through any informal dispute settlement or arbitration procedure the manufacturer may have established, prior to filing a legal claim.
Arizona Lemon Law Information
The Arizona Lemon Law applies when, during the first two years, 24,000 miles, or the end of the warranty (whichever occurs first) following delivery of a new vehicle to the consumer:
1) the dealer has attempted to repair the same problem four (4) or more times, or
2) the vehicle has been out of service due to repair attempts by the dealer for a cumulative total of 30 or more calendar days.
You must take action to initiate the Arizona Lemon Law process within six (6) months of the end of the period described above. The alleged nonconformity must substantially impair the use and market value of the vehicle, and must not have resulted from abuse, neglect or unauthorized modifications or alterations of the vehicle.
Monday, December 10, 2007
Nevada Lemon Law Information
The Nevada Lemon Law applies when, during the first year following delivery of the new vehicle:
1) the dealer has attempted to repair the same problem four (4) or more times, or
2) the vehicle has been out of service due to repair attempts by the dealer for a total of 30 or more days.
To qualify for the Nevada Lemon Law, you must notify the manufacturer in writing before the end of the one-year period, & bring a lawsuit against the manufacturer no later than 18 months following the delivery of the vehicle.
If the manufacturer has established an informal dispute process which conforms to federal law, then you must first submit your claim under that procedure before initiating a lawsuit.
Idaho Lemon Law Information
The Idaho Lemon Law applies when, during the first two (2) years or 24,000 miles (whichever comes first), following delivery of a new vehicle:
1) the dealer has attempted to repair the same problem four (4) or more times, or
2) the dealer has made an unsuccessful repair attempt that resulted in the complete failure of the steering or braking system, and the failure likely would cause death or serious bodily injury, or
3) the vehicle has been out of service for repairs at the dealership for a cumulative total of 30 or more business days.
You also may request a refund or vehicle replacement if you reported the defect during the term of the express warranty, and the manufacturer is unable to repair the defect within three years of the date of delivery.
To qualify for the Idaho Lemon Law, the defects or conditions must impair the vehicle’s use or market value. The law does not cover nonconformities resulting from abuse, neglect, or unauthorized modifications or alterations of the vehicle.
Saturday, December 08, 2007
California Lemon Law Information
The California Lemon Law applies to vehicles in the first 18 months or 18,000 after vehicle delivery.
The dealer must have:
tried to repair a serious safety problem at least twice, or
tried to repair any problem (safety related or not) four or more times, or
caused the vehicle to be out of service for a cumulative total of 30 or more days.
What is considered a reasonable number of repair attempts will depend on the circumstances including the seriousness of the defect. For example, one or two repair attempts may be considered reasonable for serious safety defects such as brake failure, depending on the exact situation.
A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.
reference source : http://www-odi.nhtsa.dot.gov/ivoq/
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