Does the lemon law apply to recreational vehicles?

wdbj7.com - A Pittsylvania County couple won a significant victory for consumers under the state's lemon law. In the past, judges found the law didn't apply to recreational vehicles. But it does now.

Henry and Suzanne Reynolds work and play hard. Travel is their reward. They bought a brand new RV, and they paid $211,000 for it. They purchased it two years ago, but they only used the Mandalay Motor Coach for 17 days. It's been in the shop the rest of that time.

The RV has so many problems, the Reynolds' lost count of them. But the couple wasn't too concerned. After all, Four Winds International's promotional literature says it's covered by "bumper to bumper" warranty. To read full article, click here.

South Carolina Lemon Laws For Cars

By Amy Wood - Used cars, you can spend thousands on one, only to drive off and face trouble. Many consumers in South Carolina think they are protected by a state lemon law. But in this 7 On Your Side Consumer Watch we need to warn you, it isn't as cut and dry as you might think.

We uncovered a couple things that you might find surprising, that you can get lucky with good deals at used car lots and why state lemon laws are not always on your side.

Christy Direnzo is stuck with a car she says is not worth repairing. To read full article, click here.

Car Buyer’s Bill of Rights a big help for used car buyers

California became the first state in the country to pass an auto “lemon law” in 1982, and that pioneering legislation remains one of the most powerful, consumer-friendly laws in the country. It has, without a doubt, saved millions of dollars in headaches for consumers who have been troubled by defective automobiles who would otherwise have had to just “live with it.”

Unfortunately, the California lemon law covers new cars only, and those who purchase used cars in California have still been expected to take risks. What if the car has hidden defects? What if the seller knows something bad about the car that he or she isn’t saying? Until now, the sole responsibility fell upon the buyer. To read full article, click here.

Their Titles Laundered, the Cars Are Still Lemons

By Christopher Jensen, New York Times - When Stephen and Michelle Steiner won their lemon-law case against Volkswagen of America last fall, the Stratham, N.H., couple were thrilled. At last they were free of the 2003 Passat wagon that they were afraid to drive.

But delight turned to dismay early this year when Mrs. Steiner, curious about what had become of the car, searched the Internet and found it advertised by a used-car dealer near Rochester as a “perfect family car” with a “clean title.”

The Passat had been anything but perfect. The car had already had three repairs for fuel-pump problems, and the Steiners had become so worried about its stalling that they stopped driving it last summer. New Hampshire had declared it a lemon, so Mrs. Steiner could not believe there was no warning in the online ad about its troubled past.

“I was flabbergasted,” she said. “I thought they would have to let it be known that it was a lemon.”

A few states to the west, Julia and Manuel Moreno found themselves on the other end of a transaction involving a used lemon. In 2005 while living in Wooster, Ohio, they bought a used 1998 Kia Sportage. After a series of problems, they discovered that in 2000 Kia Motors America had bought the vehicle back from its original owner as a lemon. The Morenos said the S.U.V. had steering and suspension problems. To read full article, click here.

Buying a New Car? Check eBay Before Buying Optional Equipment From the Dealer

Consumerist - "They always get you on the floormats." Pricing out a car online before visiting a dealership, and seeing the range of options available, is a no-brainer. But before you drop the coin on options like floormats, mudflaps, trunk nets, or whatever other easy-installation options strike your fancy, check eBay. Auto dealerships' parts departments are actually selling the same items on eBay, at a discount to the marked-up rates they charge new-car buyers.

Two strategies: Print out the eBay rates and demand that your dealer match them. Or buy the car without the add-ons, then go shopping online after.

Of course, there are plenty of aftermarket parts for sale out there, too, but you can easily save some real coin AND buy OEM parts by hitting the internets.

http://consumerist.com/consumer/tips/buying-a-new-car-check-ebay-before-buying-optional-equipment-from-the-dealer-284476.php

Bill extends lemon law to military

By Martin Zimmerman, Times Staff Writer ;From Reuters - Military personnel battling with carmakers over defective automobiles may soon get some backup from state lawmakers.

The state's lemon law, passed in the early 1980s, makes it easier for consumers to get refunds on defective new and used vehicles still covered by a manufacturer's warranty.

Currently, the law applies only to vehicles purchased in California. If you buy a car out of state and then move to California — a not uncommon scenario for the 160,000 military personnel stationed here — the vehicle isn't covered.

SB 234, a bill sponsored by state Sen. Ellen Corbett (D-San Leandro), would extend the protection to all active duty military personnel stationed in California, as long as their vehicles were purchased in the United States.

"We have a good strong lemon law, but the troops couldn't use it if they bought their car in another state," said Rosemary Shahan, president of Consumers for Auto Reliability and Safety in Sacramento. "They're getting sent here to protect us and it's only right that we protect them." To read full article, click here.

Bill extends lemon law to military

By Martin Zimmerman, Times Staff Writer ;From Reuters - Military personnel battling with carmakers over defective automobiles may soon get some backup from state lawmakers.

The state's lemon law, passed in the early 1980s, makes it easier for consumers to get refunds on defective new and used vehicles still covered by a manufacturer's warranty.

Currently, the law applies only to vehicles purchased in California. If you buy a car out of state and then move to California — a not uncommon scenario for the 160,000 military personnel stationed here — the vehicle isn't covered.

SB 234, a bill sponsored by state Sen. Ellen Corbett (D-San Leandro), would extend the protection to all active duty military personnel stationed in California, as long as their vehicles were purchased in the United States.

"We have a good strong lemon law, but the troops couldn't use it if they bought their car in another state," said Rosemary Shahan, president of Consumers for Auto Reliability and Safety in Sacramento. "They're getting sent here to protect us and it's only right that we protect them."

Bill Extends Lemon Law to Military

By Martin Zimmerman, Times Staff Writer, From Reuters - Military personnel battling with carmakers over defective automobiles may soon get some backup from state lawmakers.

The state's lemon law, passed in the early 1980s, makes it easier for consumers to get refunds on defective new and used vehicles still covered by a manufacturer's warranty.

Currently, the law applies only to vehicles purchased in California. If you buy a car out of state and then move to California — a not uncommon scenario for the 160,000 military personnel stationed here — the vehicle isn't covered.

SB 234, a bill sponsored by state Sen. Ellen Corbett (D-San Leandro), would extend the protection to all active duty military personnel stationed in California, as long as their vehicles were purchased in the United States. To read full article, click here.

Motor Vehicle Warranty and Lemon Law

By the: Office of the Attorney General, State of California

A purchaser or lessee of a motor vehicle has various rights under both state and federal law if the vehicle does not perform as provided under an express warranty. Warranty law can be complex, and it is impossible to describe comprehensively all of the law in a brief space. The following comments briefly explain the Song-Beverly Consumer Warranty Act and what is popularly known as the "Lemon Law."

This message is not a substitute for your contacting your own lawyer who can best advise you of your rights under the particular circumstances of your case. The Attorney General's office cannot advise you of your legal rights and cannot represent you in a warranty dispute.

1. Coverage For New Motor Vehicles.

A. OVERVIEW OF SONG-BEVERLY WARRANTY RIGHTS

The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer. The lessee or buyer is completely free to choose whether to accept a replacement or a refund. Whatever the choice, the manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

The lessee or buyer may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded. The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a fraction having as its denominator 120,000 and as its numerator the number of miles traveled by the vehicle before it was first brought in for correction of the problem. For example, if the car had traveled 6,000 miles before it was first brought in for correction of the problem, the lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage.

The law applies for the entire period of your warranty. For example, if your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so.

Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered. Be sure you follow the terms of the warranty for maintenance and proper use of the vehicle.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to try to resolve the problem fairly and quickly without legal action if possible.

B. THE "LEMON LAW" AND WHAT IS A REASONABLE NUMBER OF REPAIR ATTEMPTS

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.

The "Lemon Law" presumption is a guide, not an absolute rule. A judge or arbitrator can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met. The manufacturer, however, has the right to try to prove that it should have the chance to attempt additional repairs, and the consumer has the right to show that fewer repair attempts are reasonable under the circumstances.

Be sure to check your warranty and owner's manual for instructions. You may be required to directly notify the manufacturer of the problem(s). It is a good idea to send your written notice to the manufacturer at the address shown in the warranty or owner's manual by certified mail, return receipt requested so that you have proof that your letter was received. Keep a copy of all correspondence.

If the manufacturer maintains a state-certified arbitration program, the consumer must submit the warranty dispute to the arbitration program before the consumer can take advantage of the presumption in court. Arbitration is an alternative to court proceedings. The consumer may assert the presumption during arbitration. Information about any arbitration should be described in the warranty or owner's manual.

Not every manufacturer maintains a state certified program. You should check with the Department of Consumer Affairs' Arbitration Certification Program at (800) 952-5210 or on the Internet at www.dca.ca.gov/acp. You can also ask for the department's free pamphlet that explains more about arbitration, "Lemon Aid for Consumers."

C. WHO IS COVERED

The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.

D. WHAT IS A NEW MOTOR VEHICLE

The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.

2. Coverage For Vehicles That Are Not "New"

Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.

A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply.

For complete advice concerning your legal rights, you should consult your own attorney.

Lemon Law clinic to be held at the Norwell Public Library

The Norwell Public Library will host a free seminar outlining consumer’s rights under the Massachusetts Lemon Law and Federal Warranty Laws.

The laws provide consumers with free legal representation as they battle against the billion-dollar automobile manufacturers. During the seminar, Lemon Law Advocate Christopher Holliday, will outline consumers’ rights. Topics to be discussed include the definition of a lemon and steps to file a lemon law claim.

In addition to outlining the laws, car-buying tips will also be discussed. While there are no surefire ways to prevent the sale of lemons, there are a few ways consumers can protect themselves. Mr. Holliday will share five rules to remember when buying a new or used car. To read full article, click here.

Dealer off hook over car defect

By James Nash, The Columbus Dispatch - A man who bought a "loaner" car from a Volkswagen dealership that turned out to have major electrical problems isn't entitled to protections under Ohio's Lemon Law, the state Supreme Court declared yesterday.

In a 6-1 ruling, justices held that neither the 1999 Lemon Law nor a federal law that establishes implied warranties can apply to someone who buys a lightly used car from a dealership.

David Curl, a resident of Hubbard in Trumbull County, sued a local Volkswagen dealer after his 2002 Beetle, which he had purchased with 10,435 miles, developed serious electrical problems in its anti-lock braking system. To read full article, click here.