Is My Car a Lemon
We have all studied the English language in great detail and made the best use of vocabulary that we can be proud of, however there is this concept of figures of speech in our grammar classes that we all dreaded at some point or the other, does the term personification ring a bell? Sure it does, what we are going to read about today is a direct result of this figure of speech. So is your car a lemon?? What does that mean?
There is a minimum standard of testing and quality check that each vehicle is obligated to go through before it reaches the consumer, however, not all car manufacturers take this seriously, even if they do the volumes they have to deal with brings in the possibility of a certain lapse in testing, this is when lemons enter the market in the form of cars. If a car is found malfunctioning or faulty in a way that it affects the safety, use and service of the car then it is considered a lemon, implying that the car with respect to its performance, is no better than a lemon in the kitchen.
That said what does it really take to qualify a car as a lemon? Well, if you find that there are major defects in your car owing to a manufacturing overlook of quality, then you know your car is a lemon. Defects such as in brakes, engine etc can be included in this however this understanding applies only if your car and its identified defect is actually posing a threat to the use, safety and service life of the car. Further if these defects have caused any tangible damage to life, health or property then the car is definitely a lemon. How does one overcome this? Now the Connecticut Lemon Law Arbitration program offers respite to the victims of lemon cars. The affected victims can drag the manufacturers of these defective cars to court and claim compensation through the lemon law. However this can be a daunting task if you do not have a lawyer or an arbitration firm within your reach.
This worry is now reduced as there are firms and online sources such as http://www.lemonjustice.com that are offering advice and assistance when it comes to lemon laws. Thankfully now you can be prepared to check if your car is actually a lemon and what you must do make good for the loss.
Understanding the Used Car Lemon Laws Alabama
Used Car Lemon Laws Alabama
Used vehicles are not covered under the Alabama Lemon Laws. The vehicles can be sold under “as is” conditions. But you need not worry. You can now take recourse in different kinds of laws which are meant to help you in case you have purchased a used car lemon. First and foremost, you have the Federal Trade Commission or FTC has a used car rule which requires every dealer to provide their customers with a Buyer’s Guide which comprises information regarding warranty and other important information pertaining to the vehicle. In the event you find that the dealer has failed in abiding by the FTC used car rule, you can opt for making a legal claim.
Next, every state has the Unfair and Deceptive Acts and Practices or UDAP laws. This law can be used in the event of a dealer not communicating to you about those issues that pertain to your used car under the previous owner. Further, you have Alabama’s very own Uniform Commercial Code that helps the customers in getting relief. Likewise, you have the Truth in Lending Act along with the Federal Odometer Act which helps the customer in understanding the used car lemon laws Alabama.
Irrespective of whether your state has a used car lemon law or not, there are various other used car lemon laws Alabama which help in protecting a consumer’s interests. Let us try and understand a few of them.
The Magnuson Moss Warranty Act is a federal law which clearly states that every manufacturer has to abide by the terms laid down in the warranty. In Alabama, these warranties could be either written or implied warranties.
According to Alabama Law, under implied warranty, a dealer has certain obligations such as maintaining the overall health of the vehicle. In some instances, the dealers get around these implied warranties and sell the vehicle under ‘as is’ conditions.
Next, is the Warrant of Merchantability, under which the onus is on the buyer to prove that the vehicle was defective at the time of purchase of the vehicle. This is an implied warranty which says that the vehicle has to run like it is supposed to.
Lastly, you have the Truth in Mileage Act or TIMA which is a federal law that helps fight odometer frauds likes rolling back of odometers on used cars. According to a government estimate, approximately about 3.5% of your vehicles have their odometers rolled back. This law can help provided you have been sold a vehicle with false odometer statements
Maryland Lemon Laws
Know Your Maryland Lemon Laws
The Maryland Automotive Warranty Enforcement Act was enacted as a law by the Maryland General Assembly in the year 1984. This was also commonly referred to as the Maryland lemon law. This law was introduced to provide customers with more rights in order to enforce manufacturer’s warranties on new cars.
One important thing to be noted is that every single car that is sold through a dealer includes the manufacturer’s warranty. In the event a dealer or the manufacturer refuses to honor the commitment made on the warranty or in the event where your new car faces frequent repairs regarding the same problem, you can opt for a legal solution using the Maryland Lemon laws which have been created to protect the interests of the consumers.
The Maryland lemon laws are not applicable to used cars. However, Maryland laws ask the seller to present a Maryland Safety Inspection Certificate to the buyer that is valid for ninety days. You can sell the used car in an ‘as is’ condition provided it has put in at least 60000 miles or is beyond six years old. These used cars come with an implied warranty that the vehicle is functioning in a reasonable manner for a reasonable length of time.
However, there are other laws that ensure the protection of the used car buyer. Given below are some of the laws. Let us try and understand them.
1. According to the federal Magnuson Moss Warranty Act, a manufacturer must abide by the different kinds of warranty that includes written or implied warranties, express warranties or any service contracts.
2. Next, as per the Federal Trade Commission’s used car rule, every dealer has to provide the customers with a Buyer’s guide with each and every vehicle they sell. This Buyers Guide is considered to be a part of the overall sales contract.
3. Further, you have state laws which deal with implied warranties on the part of the dealer with regards to used cars or vehicles. However, in some states, dealers get around the law by selling the vehicles in ‘as is’ condition.
4. You also have express warranties that are clearly specified and include the verbal representations made by sales persons along with advertisements.
5. The Maryland lemon laws allow you to use the new car lemon laws provided your car or vehicle is of a recent model and meets the necessary time and mileage requirements.
6. Likewise, you have the Uniform Commercial Code which can be used when a dealer does not honor the warrant of merchantability.