Posts Tagged ‘Lemon Law Rights’

Does the Lemon Law Apply to My Wife?

 

Each year 1-800-MY-LEMON, receives thousands of requests for lemon law help. The vast majority of the requests are for defective cars, however occasionally we do receive some very unusual inquires, like this request for help with a defective wife!

 

This letter from Dr. Anthony, a retired doctor, and he wanted to know if our firm could assist him in filing a Pennsylvania lemon law claim for his wife, and obtain a full refund.

Unfortunately for the Doctor, and many others in his position, a full refund is not a possibility. The only laws we are aware of regarding the return of a wife or husband (better known as a divorce), results in a substantial early termination penalty in the form of child support, alimony, equitable distribution and of course attorney fees!

We wish the good doctor the best of luck and recommend him to seek the advice of a divorce attorney or just buy some flowers for your wife.

Happy Valentine’s Day!

Avoid Buying A Lemon Car & Know Your Lemon Law Rights

Calling all cautious consumers – some proactive methods practiced while seeking and before purchasing a car can save buyers the hassle of finding out they own lemon cars after the fact.

  • Research manufacturers and dealer websites to find the specifications and models of desired cars. Check consumer safety and protection agencies, like the Center for Auto Safety (CAS). Fortunately, all motor vehicles used for primarily personal use are covered under the Pennsylvania and New Jersey Lemon Law.
  • After selecting a model and make, search for the right dealer with a good profile. This is a vital step in avoiding buying a lemon car.
  • If buying a used car, don’t purchase it without a thorough check by the mechanic first. It may be worth spending money on the car before buying it to avoid a much greater amount on fixing it up after it is purchased.
  • Check the financing terms being offered by the dealer and compare them with other financing companies.
  • When buying a used car, always make sure that the vehicle is covered by a road worthiness certificate or a warranty.

Knowing your lemon rights can significantly help you track the information needed if you do purchase a lemon car. MyLemon.com’s lemon law attorneys recommend that all vehicle owners:

  • Maintain a Complete Vehicle Record – Documenting your various attempts at fixing a particular defect is extremely important for your lemon law case. Never leave the dealer or manufacturer without a detailed statement of what was done to the vehicle, as well as any charges that may have been included.
  • Inquire about TSBs – When an automobile manufacturer discovers a defect or repair for a certain model of automobile, they send instructions to alert dealerships using what is known as TSBs. Make sure that the dealer representative who you are dealing with writes down your TSB request on the repair order.
  • Be Assertive – If you are having problems getting the problem properly fixed, ask to speak with the manager or a higher up to address your problem and concerns.
  • Be Wary of Certain Statements – The dealership may have something to gain by accusing the driver or owner of the vehicle of being responsible for the defect. This is often done because the dealership is unable to fix the problem.

If you think you have purchased a lemon car, check the New Jersey or Pennsylvania lemon law, and consult a lemon law attorney for your next steps.

The Lemon Law Attorneys at David J. Gorberg & Associates have arbitrated, settled and litigated thousands of lemon law claims throughout New Jersey and Pennsylvania, recovering millions of dollars for their clients. Find more information at www.mylemon.com or call 1-800-MyLemon.

New Jersey Improves Lemon Law Consumer Notification

New Jersey took significant steps to improve consumer protection and the remedies available to consumers unfortunate enough to end up buying a lemon. With the new requirements, a copy of the revised New Jersey lemon law must be provided to consumer in bolded font at least 10 points or larger at the time a vehicle is purchased or leased.

The revised notification must state:
IMPORTANT: IF THIS VEHICLE HAS A DEFECT THAT SUBSTANTIALLY
IMPAIRS ITS USE, VALUE OR SAFETY, OR THAT IS LIKELY TO CAUSE DEATH OR SERIOUS BODILY INJURY IF DRIVEN, AND WAS PURCHASED, LEASED OR REGISTERED IN NEW JERSEY, YOU MAY BE ENTITLED UNDER NEW JERSEY’S LEMON LAW TO A REFUND OF THE PURCHASE PRICE OR YOUR LEASE PAYMENTS.

Here is a summary of your rights:

1. To qualify for relief under the New Jersey Lemon Law, you must give the manufacturer or its dealer the opportunity to repair or correct the defect in the vehicle within the Lemon Law’s term of protection, which is the first 24,000 miles of operation or two years after the vehicle’s original date of delivery, whichever is earlier.

2. If the manufacturer or its dealer is unable to repair or correct a defect within a reasonable time, you may be entitled to return the vehicle and receive a full refund, minus a reasonable allowance for vehicle use.

3. It is presumed that the manufacturer or its dealer is unable to repair or correct the defect if substantially the same defect continues to exist after the manufacturer has received written notice of the defect by certified mail, return receipt requested, and has had a final opportunity to correct the defect or condition within 10 calendar days after receipt of the notice. This notice must be received by the manufacturer within the term of protection and may be given only after (i) the manufacturer or its dealer has had two or more attempts to correct the defect; (ii), the manufacturer or its dealer has had at least one attempt to correct the defect if the defect is one that is likely to cause death or serious bodily injury if the vehicle is driven; or (iii) the vehicle has been out of service for repair for a cumulative total of 20 or more calendar days, or in the case of a motorhome, 45 or more days.

4. If substantially the same defect continues to exist after the manufacturer has had the final opportunity to repair or correct the defect, you may file an application for relief under New Jersey’s Lemon Law.

FOR COMPLETE INFORMATION REGARDING YOUR RIGHTS AND REMEDIES
UNDER THE RELEVANT LAW, INCLUDING THE MANUFACTURER’S ADDRESS
TO GIVE NOTICE OF THE DEFECT, CONTACT THE NEW JERSEY DEPARTMENT
OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, LEMON
LAW UNIT, AT POST OFFICE BOX 45026, NEWARK, NEW JERSEY 07101, TEL. NO. (973) 504-6226.

In addition to outlining the notification of lemon law rights at the time of sale, the new lemon law in New Jersey increases the time frame within which consumers are eligible for compensation from 1 year to 2 years and the maximum mileage also extends from 12,000 to 24,000. This means that a New Jersey car owner can qualify for remedies within 2 years of purchase if their car has not exceeded 24,000 miles.

“We applaud the state of New Jersey for taking action to protect its consumers” says New Jersey Lemon Law attorney David Gorberg. “For most people, a vehicle is the most expensive asset outside of a home. People rely on their car for the safety of their family, and getting to work reliably. We need to make sure our residents are protected when things go wrong with the car they have invested in.”