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Lemon Law Questions & Answers
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: 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...
Q: Purchasing new vehicle from a dealer that I suspect has been damaged and repaired, I asked, are they required to answer?
Barak J Berlin's answer
They are absolutely required to answer your question. The Song-Beverly Consumer Warranty Act gives you powerful remedies.
They are absolutely required to answer your question. The Song-Beverly Consumer Warranty Act gives you powerful remedies.
Q: : I would like to know if my case is good to have a lawsuit related to Washington State Lemon law
Gregory L Abbott's answer
Afraid you need to post your inquiry - preferably with more facts since no one can tell you much of anything when all you say is you want to know if you have a case without saying anything about why you might have a case - in the Washington section of Justia rather than in Oregon. Only a Washington attorney can advise you properly about Washington laws.
Afraid you need to post your inquiry - preferably with more facts since no one can tell you much of anything when all you say is you want to know if you have a case without saying anything about why you might have a case - in the Washington section of Justia rather than in Oregon. Only a Washington attorney can advise you properly about Washington laws.
Q: Can a dealer sell me a new fifth wheel without disclosing to me it was a prototype at the factory? I can't resell it now
William John Light's answer
It's unclear why you can't sell it. However, you should consult with WA consumer rights attorneys. You can also file a complaint with the WA DMV. https://www.dol.wa.gov/business/vehiclevesseldealer/dlrcomplaint.html
It's unclear why you can't sell it. However, you should consult with WA consumer rights attorneys. You can also file a complaint with the WA DMV. https://www.dol.wa.gov/business/vehiclevesseldealer/dlrcomplaint.html
Q: Just bought a car from a private seller on monday. Now the next day car in shop with rotted frame. What can I do?
Elizabeth Tarasi's answer
Private seller---they probably sold it to you as-is. Unfortunately there is not much you can do? If you paid with a check you can try to stop payment. Try to repair the car as best you can. I am sorry this happened to you.
Private seller---they probably sold it to you as-is. Unfortunately there is not much you can do? If you paid with a check you can try to stop payment. Try to repair the car as best you can. I am sorry this happened to you.
Q: I received judgment by default why hasn't the judge charged defendant with contempt of court?
1 Answer
| Asked
in
Consumer Law, Civil Rights, Lemon Law and Small Claims
for
Mississippi
on
Answered on Jul 31, 2018
Answered on Jul 31, 2018
Q: What qualifies for auto dealer fraud?
Matthew Williams' answer
It sounds like you have a pretty good issue for a consumer protection lawsuit against the dealership.
It sounds like you have a pretty good issue for a consumer protection lawsuit against the dealership.
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