Lemon Law Lawyers

Do you have a motor home, all-terrain vehicle, tractor, motorcycle or any other motorized transportation with less than four wheels? Did you buy it brand new only to find out it is a dud, something like a car lemon? Your rights as a consumer when it comes to the lemon law and its interpretation depends on which state you live in. Nope, it is not the state of denial, which is what you would like to live in after spending all that money, only to get a dud vehicle!

Let’s look at the lemon law Florida has passed through legislature. Their lemon law only covers new vehicles bought or leased. The vehicle use must be for private or personal use and does not include any vehicles ridden off road or any vehicles less than four wheels. And the lemon law California has does not take into account the off-road vehicles and other modes of transportation other than a new vehicle with four wheels. However, motor home chassis are covered, but not the body.

If you live in Texas, however, you can enjoy one of the most liberal lemon laws in the United States. Recreational modes of transportation like three or four wheelers, motorcycles, motor homes, cars, trucks and vans are all covered as long as they are new vehicles. No used car lemons or the like are considered. Other states are a bit more liberal in their interpretation of these laws. New Hampshire is one of them as is New Mexico and North Carolina.

Other states typically cover new cars, small trucks and vans in their car lemon law. Some are conditional when it comes to recreational vehicles, motorcycles and motor homes. For instance, the state of Illinois covers recreational vehicles under their lemon law but not motorcycles. In New Jersey however, they do cover motorcycles and even motor homes. Ohio covers motorcycles as does Washington.

Depending on where you live, you will probably want to consult with one or two lemon law attorneys to interpret the law for you. Because some states just mention any motorized mode of transportation that you use for family or personal use that leaves the field wide open to speculation. What is interpreted as a motorized vehicle? Each state will probably have a different answer. Virginia, Wyoming, Oregon, Maine and Minnesota have more general interpretations than most.

You could be a retiree with a brand new motor home, ready to hit the open roads of the United States. Or you could be a farmer or rancher that used tractors and recreational vehicles like a four-wheeler for farm work. Maybe you are a motorcycle rider trying to save on gas or you ride a moped around your college town. No matter what the circumstance, brush up on the lemon laws your state has or consult with lemon law lawyers if you are having difficulties with your new mode of transportation. Remember your rights will vary depending on where you reside.

Originally published here.

Earl Powers, US Lawyer and Lemon Vehicle expert – focusing on Lemon Law In and Lemon Vehicle

New Jersey Lemon Law lawyer Amy Benecoff and Kimmel & Silverman representative Michael Sacks discusses some specific details about the New Jersey Lemon Law. www.lemonlaw.com or 1800-Lemon-Law

So that nice new car you paid through the nose to buy is a lemon? Time to get a lawyer, right? Maybe. Maybe not. If your situation is anything like mine was you might be in for a welcome surprise. But first you need to follow a few important steps.

I bought a brand new Jeep Cherokee from a Chrysler dealer but after nearly eight-thousand miles I had worn out both my front tires. I only drive locally and the weather here in Southern California is mild, not harsh as in some other parts of the country which could have explained some of the wear and tear.

I brought the car into the dealer who sold it to me and the first thing the head service guy asks me is if I “let” my daughter drive it. Before I finished telling him that I didn’t have a daughter he asked me if I “let” my wife drive the Jeep. I was caught off guard by that remark. Regaining my composure, I explained that she didn’t use it that much, only occasionally. He tried to convince me it was her fault and that women drivers wreck havoc on car tires. I knew nothing I could say would turn this guy’s thinking around. I agreed to let it go after they offered to replace the tires free of charge and gave me a free rental car, all as a customer goodwill gesture.

I left the dealer thinking that was the end of it. But at fourteen-thousand miles I was back at the dealer with worn front tires. Again?! They did a wheel alignment and found nothing wrong. They advised me to rotate the tires but I protested that since that didn’t rectify the tire problem the last time I came in with this complaint why should I do that now? I also pointed out that it is easier on the wallet to replace two tires than all four at the same time.

At the checkout I noticed on the invoice that it had a space asking if you have had your car here for the same repair. I asked them to check that box with a 2. They did.

I left the dealer again thinking that this was finally the end to all this but at twenty-one thousand miles I was back with worn tires again. This time the service rep explains that the brand of tires I put on the car were at fault. I was incredulous. “Goodyear doesn’t make a good tire? Wait till I tell Mr. Goodyear about this.” “Try Michelin,” they advised. They explained that these tires were factory installed, implying a lesser quality tire. I had retreads that lasted longer.

At the checkout counter I asked them to put a 3 in the box where it asks if you have brought in your car for the same repair before. They did.

At this rate if I kept the car for 100,000 miles I would have bought 5 sets of front tires or 10 tires!

As I walked to my car I imagined I heard them exchanging high fives and slapping each other on the back. “Free tires and a free rental car. Mom would have been proud of us.” Then I thought I could smell them lighting up a big, fat cigar. Well, I don’t have a big “L” written on my forehead and besides, I was mad as hell and I wasn’t going to take it!

I read up on the lemon laws and was convinced I had a good case. I spoke to lawyer after lawyer who advised me the car dealer would simply blame the way I drive as the reason for the worn out tires. I began to think that lawyers don’t sue car dealerships out of professional courtesy.

Curious that my tires were wearing thin less than 8,000 miles apart I asked Goodyear how long my tires should last. They replied between 30,000 and 40,000 miles depending on my driving habits and the part of the country I lived in. A nice secretary there allowed me to vent before asking me if Chrysler had an arbitration board. I told her I’d look into it. I did and they do have a Customer Arbitration Board.

I prepared my case with all the documentation I could find. I made copies of each repair order I had. I constructed a carefully worded letter to the Customer Arbitration Board stating my position and asked them for their help. They agreed to hear my case and would send me a copy of the dealership’s reply once they received it. Best of all, I thought — it wouldn’t cost me a dime. But I had to wonder if the Board were lackeys of Chrysler.

When I received the dealership’s reply to the Board, I wasn’t prepared for the diatribe they would include in their report to the Board. It was like throwing spaghetti against the wall, hoping something would stick. I could see they weren’t going down without a fight. Trouble was -neither was I.

Here is a list of the noodles the dealer threw at the wall: They said I was at fault for refusing to rotate the tires; my driving habits were to blame as well. They said that my problem does not substantially impair the use, service or safety of the vehicle. They added that the tires were factory installed, they mentioned the free tires they gave me and the free car rental. They also said they don’t warranty tires and that I should contact the tire manufacturer. Sounding like a lawyer, they advised the board that this arbitration case should have been ruled out of jurisdiction. And to bolster their case even further they included copies of the warranty booklet explaining that tires are not covered, right there in black and white.

I wrote a rebuttal to the board. I countered their claim that my tire problem “does not substantially impair the use, service or safety of the vehicle. ” Bald tires are indeed a major problem for everyone riding in my car as well as those who may be effected by me not having full control of my vehicle. For each point they countered with, I wrote a rebuttal and then some. I figured if they could throw spaghetti on the wall so could I. But I had to admit things were not looking good. The Board were probably lackeys of Chrysler and the dealership must have enormous clout with Chrysler. I had better get used to the fact I bought a lemon and there’s nothing I could do about it.

Isn’t it always the case when you really worry about something happening, it doesn’t come happen. The Board ruled in my favor stating that the tire wear was indeed a safety problem as I had pointed out. They cited the many times I had been to the dealer to fix the problem as ample opportunity to repair the problem. Further, they pointed out that the warranty manual that the car dealer sent them to bolster their case, they pointed to the opposite page. It read that a faulty suspension could result in early wear on tires. Why did they hastily add that extra page when they copied the warranty booklet I will never know. Sloppy, I guess.

The Board gave me two choices: either have the dealer give me a new car as a replacement or reimburse me. The first choice was simply out of the question based on my experience with them thus far so I chose door number two. The Board ordered Chrysler to pay off the outstanding balance on the car to the bank. They also ordered Chrysler to reimburse me for each monthly payment I made less a small percentage for the mileage I drove. All I had to do was return the car and I would receive a substantial amount of money.

I had to wonder why they didn’t just fix the suspension in the first place.

Now, at barbeques, I light up a big, fat cigar and regale my friends with a story about how I took on a Goliath auto dealership and won! My story got interrupted a few times to high five each other. Once, when I decided to write a rebuttal to the Board and another time when the Board ruled in my favor. One of the ladies present said the service guy was a racist for blaming all women for the early wear and tear on the tires. One guy said most people would have given up and not have fought a big auto dealership. I started coughing as I puffed on my cigar. Then it dawned on me why I don’t smoke — they’re not healthy. So I took my paper plate over to the picnic table and loaded up on burgers, hot dogs and chips. I looked over my shoulder to see if anyone was watching me, nope. The coast was clear. I took an extra bag of chips, tucked it into my shirt pocket and walked away sipping my ice cold beer.

Originally published here.

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