What is California Lemon Law ?
California Lemon Law is a state granted consumer-right that safeguards consumers against purchases of faulty or defective (Lemon) products. Although the product may be anything, the California Lemon Law bears a special allegiance to faulty, malfunctioning automobiles.
Main-points of California Lemon Law
Also known as Motor Vehicle Warranty Rights Act, the California Lemon Law states that if a purchased vehicle turns out to be defective in the warranty period rendering it unfit for use or inflicts some serious injuries to the user, then the consumer has every right to ask for refund or replacement. The Lemon Law holds the manufacturer responsible for all the defects and problems in a Lemon Vehicle. Once the flaws are brought to the notice of the manufacturer, the manufacturer is bound to do the repair-works. In case the manufacturer fails to set the problem right even after some genuine attempts, the company must either replace the defective vehicle or refund the consumer's money.
The Law also empowers the customer to file a Lemon Lawsuit in any Court of Law if a manufacturer denies to comply with the repair / refund / replacement plea even after the snags in the automobile are detected and proved. Additionally, refund for expenses incurred on various heads like repairing charges, rental vehicle charges and even your lawyer's fees are secured under the California Lemon Law.
The same set of laws is applicable for leased vehicles as well.
Under What Circumstances Can Consumers Seek Protection Under The Lemon Law In Calfornia?
California Lemon Law permits buyers and renters of both new and used vehicles to demand for full refund or replacement when the vehicles are declared 'Lemons' - faulty and unfit for use. However, this declaration calls for the following proof:
- The defect is a manufacturing defect and is certainly not a result of mishandling.
- The vehicle has been repaired at least four times and still the defect persists. (In case of serious defects that can lead to injuries and death, the number of repair attempts has been lowered to two repairs).
- The defect is detected but is not set right within the period of 18 months or 18,000 miles (whichever is earlier).
What The Consumers Need To Do?
The California Lemon Law truly protects the rights and interests of consumers. However, the customers need to attend specific requirements like:
- Abide by the instructions in the User's Manual while driving or handling the vehicle.
- Take the vehicle only to authorized service centers for all repair-works and servicing.
- California Lemon Law only recognizes a written complaint sent to the manufacturer as a formal legal notice. For added safety, you may send the complaint through certified mail.
- All the vehicle documents, all repair records, technical reports, etc. should be kept handy because lodging a complaint or filing a case calls for accurate proof.
Unless and until you fulfill all the above requirements, you will not be able to enjoy the benefits and protection offered by the California Lemon Law.
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
Sunday, July 1, 2007
Law Lemon Wisconsin - About the Wisconsin Lemon Laws
Knowing the lemon laws is not enough. In USA, lemon laws take numerous forms across states. In fact, when you are plagued by a problematic vehicle it is always the best policy to hire the help of a lemon lawyer who specializes in the particular lemon laws of your state.
The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.
A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if
- It has been bought or rented in Wisconsin,
- It is showing signs of strain within the first year of purchase
- It is showing signs of breaking down before the guarantee period has terminated,
- Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems,
- It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.
An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.
And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are:
- Conditions that do not affect the use, worth or safety of the vehicle,
- Items not covered by the manufacturer's warranty,
- Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering,
- Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.
Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.
Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.
If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.
With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.
The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.
Under the Wisconsin Lemon Law, justice is never denied nor delayed.
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.
A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if
- It has been bought or rented in Wisconsin,
- It is showing signs of strain within the first year of purchase
- It is showing signs of breaking down before the guarantee period has terminated,
- Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems,
- It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.
An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.
And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are:
- Conditions that do not affect the use, worth or safety of the vehicle,
- Items not covered by the manufacturer's warranty,
- Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering,
- Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.
Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.
Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.
If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.
With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.
The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.
Under the Wisconsin Lemon Law, justice is never denied nor delayed.
Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
Cell Phone Contract Tips
Cell phones (telefone celular) are increasingly used in the modern world. They are no longer a luxury, but are considered a need. They can send and receive e-mail, get information on news, entertainment, make a call home while traveling and contact the police or the ambulance during an emergency.
The radio, telephone and computer technology fused together to make the cell phone technology. Nevertheless, with the advancing technology, marketing became much tougher, and cell phone operators devised numerous clauses in their contracts to ensure that their competitors do not erode their customer base. Thus the cell phone contract was born.
A cell phone (telefone celular) contract is an agreement between the buyer and the wireless cell phone service provider. Usually it is of 1 or 2 years of duration, during which a consumer is legally bound to remain with the wireless service provider. Certain operators give a trial period to their consumers. After the trial period of 14 or 30 days is over, when the contract is entered upon and the phone is bought, the penalty for breaking the contract can range from $150 to $600, depending on where the phone was bought.
Before the contract finishes, if a new phone is to be bought, then some companies give a customer loyalty discount, which in effect extends the contract. This may prove to be expensive when compared to buying a new phone with a good discount. Thus, you may be locked in to a single operator, without your knowing it, if you do not read and understand the terms of the cell phone contract.
If one is not satisfied with the service provided by the cell phone (telefone celular) service provider, then one can come out of the contract, without paying a termination fee, if someone else is willing to go through the contract for the remaining period. Finding someone willing to undertake this may be difficult. Numerous websites have come up which help you in finding someone to transfer your contract to, however cell phone service providers do not endorse such websites as they only connect the buyer and the seller, doing nothing with the actual transfer.
Thus once you find a buyer for your cell phone contract, you have to contact your cell phone service provider to complete the transfer. This may take quite some time, as your provider will do a credit check on the buyer and if the creditworthiness is not found sufficient for the contract, the transfer will not take place. In case the transfer does take place, then you have the option of keeping the same number that you originally had. Usually, it has been seen that with transfers, you may have to supply the cell phone also as a free incentive to the buyer. High-end cell phones offered free along with the transfer usually get buyers within a couple of days.
Cell phone (telefone celular) service providers generally give a trial period before enforcing the contract term, which may be of 1-year or 2-year duration. Almost all providers give at least 14 to 30 days of trail period. A 1-year cell phone contract has a shorter commitment period, which may prove to be beneficial if the phone needs repairs, or is lost.
In addition, since the period is short, one may avail of new discounts that come up. After the term of 1-year ends, the phone can be kept without any contract and no penalty is charged for quitting. However, in a 1-year contract, the activation fee and/or the phone may not be cheap. Certain discounts and promotional offers cannot be availed of as in a 2-year period.
In a 2-year cell phone (telefone celular) contract, the activation fee and/or the phone may not be expensive. Huge discounts on the phone may be availed. Special promotions may be availed. However, since the phone is kept for a longer duration, more money may be spent on repairing, insuring, or replacing. The opportunity to buy a new phone reduces, and thus may not be eligible to switch cell phone service providers. Expensive phones may also opt for phone replacement insurance plans. However, due to the costs of such plans, few subscribe to these plans.
Pre-Paid or No Contract cell phones (telefone celular) are not available with all cell phone service providers. They are attractive as they require no commitment, the credit history is unimportant, and there is no penalty for quitting. However, call charges may be more expensive, and no promotional discounts etc., may be availed of.
It is always advisable to read and fully understand the terms of the cell phone provider as stated in the contract form, including the fine print, before signing the cell phone (telefone celular) contract.
This article is under GNU FDL license and can be distributed without any previous authorization from the author. However the author's name and all the URLs (links) mentioned in the article and biography must be kept.
Roberto Sedycias works as IT consultant for http://www.polomercantil.com.br
This article can also be accessed in portuguese language from page
http://www.polomercantil.com.br/celular.php
The radio, telephone and computer technology fused together to make the cell phone technology. Nevertheless, with the advancing technology, marketing became much tougher, and cell phone operators devised numerous clauses in their contracts to ensure that their competitors do not erode their customer base. Thus the cell phone contract was born.
A cell phone (telefone celular) contract is an agreement between the buyer and the wireless cell phone service provider. Usually it is of 1 or 2 years of duration, during which a consumer is legally bound to remain with the wireless service provider. Certain operators give a trial period to their consumers. After the trial period of 14 or 30 days is over, when the contract is entered upon and the phone is bought, the penalty for breaking the contract can range from $150 to $600, depending on where the phone was bought.
Before the contract finishes, if a new phone is to be bought, then some companies give a customer loyalty discount, which in effect extends the contract. This may prove to be expensive when compared to buying a new phone with a good discount. Thus, you may be locked in to a single operator, without your knowing it, if you do not read and understand the terms of the cell phone contract.
If one is not satisfied with the service provided by the cell phone (telefone celular) service provider, then one can come out of the contract, without paying a termination fee, if someone else is willing to go through the contract for the remaining period. Finding someone willing to undertake this may be difficult. Numerous websites have come up which help you in finding someone to transfer your contract to, however cell phone service providers do not endorse such websites as they only connect the buyer and the seller, doing nothing with the actual transfer.
Thus once you find a buyer for your cell phone contract, you have to contact your cell phone service provider to complete the transfer. This may take quite some time, as your provider will do a credit check on the buyer and if the creditworthiness is not found sufficient for the contract, the transfer will not take place. In case the transfer does take place, then you have the option of keeping the same number that you originally had. Usually, it has been seen that with transfers, you may have to supply the cell phone also as a free incentive to the buyer. High-end cell phones offered free along with the transfer usually get buyers within a couple of days.
Cell phone (telefone celular) service providers generally give a trial period before enforcing the contract term, which may be of 1-year or 2-year duration. Almost all providers give at least 14 to 30 days of trail period. A 1-year cell phone contract has a shorter commitment period, which may prove to be beneficial if the phone needs repairs, or is lost.
In addition, since the period is short, one may avail of new discounts that come up. After the term of 1-year ends, the phone can be kept without any contract and no penalty is charged for quitting. However, in a 1-year contract, the activation fee and/or the phone may not be cheap. Certain discounts and promotional offers cannot be availed of as in a 2-year period.
In a 2-year cell phone (telefone celular) contract, the activation fee and/or the phone may not be expensive. Huge discounts on the phone may be availed. Special promotions may be availed. However, since the phone is kept for a longer duration, more money may be spent on repairing, insuring, or replacing. The opportunity to buy a new phone reduces, and thus may not be eligible to switch cell phone service providers. Expensive phones may also opt for phone replacement insurance plans. However, due to the costs of such plans, few subscribe to these plans.
Pre-Paid or No Contract cell phones (telefone celular) are not available with all cell phone service providers. They are attractive as they require no commitment, the credit history is unimportant, and there is no penalty for quitting. However, call charges may be more expensive, and no promotional discounts etc., may be availed of.
It is always advisable to read and fully understand the terms of the cell phone provider as stated in the contract form, including the fine print, before signing the cell phone (telefone celular) contract.
This article is under GNU FDL license and can be distributed without any previous authorization from the author. However the author's name and all the URLs (links) mentioned in the article and biography must be kept.
Roberto Sedycias works as IT consultant for http://www.polomercantil.com.br
This article can also be accessed in portuguese language from page
http://www.polomercantil.com.br/celular.php
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