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Lemon Law Questions & Answers
Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?
1 Answer
| Asked
in
Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law
for
New York
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.
IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.
Q: What options would I have if a defective TV stand broke my TV and other expensive electronics?
3 Answers
| Asked
in
Consumer Law, Lemon Law, Products Liability and Small Claims
for
California
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
William John Light's answer
To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.
However, to pursue a claim, you would first make a written demand upon the manufacturer and retailer of the stand for compensation for your damages setting forth each damaged component by...
To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.
However, to pursue a claim, you would first make a written demand upon the manufacturer and retailer of the stand for compensation for your damages setting forth each damaged component by...
Q: Why are law schools still admitting law students when the legal market is over-saturated?
Wesley Winsor's answer
You question smacks of cynicism, but I'll play along. The simple answer goes back to economics. They are offering a product, a J.D., for a certain price and there are willing buyers at that price (students matriculating).
That being said, I don't know a single attorney who has been practicing on his own more than 1 year who doesn't have anything to do.
You question smacks of cynicism, but I'll play along. The simple answer goes back to economics. They are offering a product, a J.D., for a certain price and there are willing buyers at that price (students matriculating).
That being said, I don't know a single attorney who has been practicing on his own more than 1 year who doesn't have anything to do.
Q: I recently bought a used car from a dealership. Within 3 days it had electrical problems and turned off while driving
Greg Freeze's answer
The Washington statute covering the "lemon law" is RCW 19.118 et. seq. The "et. seq." means "and what follows." Basically, you can start reading at RCW 119.118.005 about the "intent" of the legislation put into law, and when the 19.118 series of statutes ends.
A big case for lemon law attorneys involved a used vehicle. Here is a quote from the case. "The basic purpose of lemon law legislation in this country is to permit buyers of faulty automobiles to rid themselves of same after a...
The Washington statute covering the "lemon law" is RCW 19.118 et. seq. The "et. seq." means "and what follows." Basically, you can start reading at RCW 119.118.005 about the "intent" of the legislation put into law, and when the 19.118 series of statutes ends.
A big case for lemon law attorneys involved a used vehicle. Here is a quote from the case. "The basic purpose of lemon law legislation in this country is to permit buyers of faulty automobiles to rid themselves of same after a...
Q: Can a used car lot deny a potential buyer the right to have a vehicle inspected by an independent party?
Trent Harris' answer
It may not be illegal, but it should be a red flag to any buyer. Take your business elsewhere.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such as this one.
It may not be illegal, but it should be a red flag to any buyer. Take your business elsewhere.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards, such as this one.
Q: I was recently given an auto loan for more than what was discussed and agreed.
1 Answer
| Asked
in
Consumer Law, Lemon Law and Small Claims
for
New York
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
Michael David Siegel's answer
Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.
Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.
Q: California resident with a new vehicle that has been to the shop 6 times for electrical issues. Is it covered lemon law?
Barak J Berlin's answer
It never hurts to talk to an attorney in these cases. Most (including our office) offer free consultations. If you do decide to deal directly with the manufacturer, remember, you are entitled to everything you have paid or is payable on the vehicle. If they offer anything less, talk to an attorney.
While this is not a guarantee, if you have gone in six times for the same issues and it is still not fixed, you probably have a good case. You should also remember that in a lemon law...
It never hurts to talk to an attorney in these cases. Most (including our office) offer free consultations. If you do decide to deal directly with the manufacturer, remember, you are entitled to everything you have paid or is payable on the vehicle. If they offer anything less, talk to an attorney.
While this is not a guarantee, if you have gone in six times for the same issues and it is still not fixed, you probably have a good case. You should also remember that in a lemon law...
Q: What is the formula use for milage usage
Scott Richard Kaufman's answer
That is not part of the "amounts paid or payable" for the car, but, it is a penalty that the manufacturer feels it is not on the hook for since it was not late, you were. The issue has never been litigated to a published judicial opinion in CA so it is unclear if manufacturers are correct.
That is not part of the "amounts paid or payable" for the car, but, it is a penalty that the manufacturer feels it is not on the hook for since it was not late, you were. The issue has never been litigated to a published judicial opinion in CA so it is unclear if manufacturers are correct.
Q: How is milage usages computation. Is it amount of car * (miles on car at first repair - miles on car when I bought it /
Barak J Berlin's answer
You are close. It is the amount of miles you have driven before you bring in your car for the first repair, divided by 120,000 (the statutory life of a car). As the manufacturer has to pay attorney fees and costs if they lose, I highly recommend you hire an attorney. Feel free to check out our website for more information: CaLemons.com
You are close. It is the amount of miles you have driven before you bring in your car for the first repair, divided by 120,000 (the statutory life of a car). As the manufacturer has to pay attorney fees and costs if they lose, I highly recommend you hire an attorney. Feel free to check out our website for more information: CaLemons.com
Q: What is a reasonable percentage to give the lawyer?
William John Light's answer
1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.
1/3 to 2/5 is normal, although that can change depending on the case and whether attorney fees are recoverable. If you interview other lemon law attorneys, you will find out what is common for that area of law.
Q: I unknowingly purchased a vehicle that was in a flood. Can I legally do anything about it?
1 Answer
| Asked
in
Consumer Law, Lemon Law and Small Claims
for
Kentucky
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Q: CA lemon law statute of limitation
Scott Richard Kaufman's answer
You are probably correct, at least in CA. Looks like you are in NY? That said, the cases that manufacturers defend up to and through trial are the ones where the vehicle is arguably "fixed." So that, such a set of facts could seriously harm your case and frankly, cost you a lot of money if you lose the case...
You are probably correct, at least in CA. Looks like you are in NY? That said, the cases that manufacturers defend up to and through trial are the ones where the vehicle is arguably "fixed." So that, such a set of facts could seriously harm your case and frankly, cost you a lot of money if you lose the case...
Q: how did the lemon v. kurtzman case moved up to the Supreme Court?
Matthew Williams' answer
It went to the Supreme Court through the appellate process like almost every other case that ever got there.
It went to the Supreme Court through the appellate process like almost every other case that ever got there.
Q: How do I get General Motors to cover repair of the fuel pump on my 2008 Corvette.
1 Answer
| Asked
in
Products Liability, Lemon Law and Small Claims
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Scott Richard Kaufman's answer
Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.
Failing this, take ALL of your evidence to small claims court and sue GM for the cost
of the repair.
Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.
Failing this, take ALL of your evidence to small claims court and sue GM for the cost
of the repair.
Q: When does lemon law apply in California? Is a used car covered?
Scott Richard Kaufman's answer
Lemon Law is Warranty Law. So, cars that come with a warranty may be covered IF that warranty is breached. This is not the same as a "service contract" that you buy from a dealer or elsewhere, which folks often call an "extended warranty." Your rights are almost non existant in a service contract situation. It makes little difference if the car is new or used for the purpose of being covered by the lemon law, only that it came with a warranty. The more times in and the more days in the shop,...
Lemon Law is Warranty Law. So, cars that come with a warranty may be covered IF that warranty is breached. This is not the same as a "service contract" that you buy from a dealer or elsewhere, which folks often call an "extended warranty." Your rights are almost non existant in a service contract situation. It makes little difference if the car is new or used for the purpose of being covered by the lemon law, only that it came with a warranty. The more times in and the more days in the shop,...
Q: hi how to seize property where it was a public accomdation in regards to a housing discrimination
1 Answer
| Asked
in
Civil Litigation, Civil Rights, Constitutional Law and Lemon Law
for
Florida
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Charles M. Baron's answer
Your inquiry is far too vague. Don't know if you are trying to say you have a potential discrimination claim and wondering how you obtain compensation if you win, or you already pursued and prevailed on a claim, received a judgment in your favor, and are having trouble collecting on the judgment.
Your inquiry is far too vague. Don't know if you are trying to say you have a potential discrimination claim and wondering how you obtain compensation if you win, or you already pursued and prevailed on a claim, received a judgment in your favor, and are having trouble collecting on the judgment.
Q: We bought a used car. It had 30,000 miles on it. Turns out after bringing it to Nissan because of smoke issue the car
1 Answer
| Asked
in
Consumer Law, Products Liability and Lemon Law
for
Pennsylvania
on
Answered on Jan 6, 2019
Answered on Jan 6, 2019
Q: I need advice on Implied Warranty for an Vehicle sold to me with unknown safety issues.
Ali Shahrestani, Esq.'s answer
You bought the car from a dealer or from a private seller? See: https://www.atg.wa.gov/lemon-law-0
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business...
You bought the car from a dealer or from a private seller? See: https://www.atg.wa.gov/lemon-law-0
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business...
Q: What am I legally allowed to know about a car purchased in a private sale?
Alexander Florian Steciuch's answer
You can know everything there is to know about the car. What I think you mean to ask is if there are any necessary disclosures that the seller must make and that answer is none. A seller can sell a car 'as is' and make no representations or warranties about the state of the vehicle.
As a rule of thumb, if you are purchasing a vehicle from an individual or any seller really, get everything in writing, get any representations or warranties in writing, have your own mechanic inspect the...
You can know everything there is to know about the car. What I think you mean to ask is if there are any necessary disclosures that the seller must make and that answer is none. A seller can sell a car 'as is' and make no representations or warranties about the state of the vehicle.
As a rule of thumb, if you are purchasing a vehicle from an individual or any seller really, get everything in writing, get any representations or warranties in writing, have your own mechanic inspect the...
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