Tuesday, May 27, 2014

What We Must Prove to Win a Lemon Law Case ? - Autos

lemon Laws are United States state laws that provide remedies to consumers for automobiles that repeatedly fail to meet certain standards of quality and performance, which are called llemons. Llemon Laws vary by state and may not necessarily cover used or leased vehicles. The rights afforded consumers by Llemon Laws may exceed the warranties expressed in purchase contracts.||LEGAL DEFINITION OF A LEMON VEHICLE: Your vehicle must be purchased new (or as a dlemonstrator or executive driven vehicle). I do not accept used vehicle cases.||LEGAL DEFINITION OF A LEMON VEHICLE: Your vehicle can be a car, light truck, heavy truck, motor home, motorcycle, or motorized wheel chair. I have also represented clients with new water craft and ATVs under a federal consumer protection law.||LEGAL DEFINITION OF A LEMON VEHICLE: Your vehicle must have been delivered in Wisconsin (usually, you must purchase it from a Wisconsin dealer). I do not take cases where the vehicle was purchased in ano ther state. I do take cases where the vehicle was purchased in Wisconsin regardless of where the client lived or lives.||LEGAL DEFINITION OF A LEMON PROBLEM: Within the first year after delivery, the vehicle must suffer one or more substantial warranty problems. The Llemon Law defines "substantial" as a substantial impairment of the use, value or safety of the vehicle. A vehicle that won't start or won't stop clearly is substantial. Minor paint blemishes, excessive wind noise, etc. probably are not substantial. I believe I have sufficient experience with Llemon Law cases to tell the difference.||LEGAL DEFINITION OF A LEMON LAW VIOLATION: Within the first year after delivery, either: (a) the same substantial problem must be the subject of at least four unsuccessful repair attempts; or (b) any number of substantial problems have caused the vehicle to be "out of service" at least 30 calendar days in the aggregate. Note: Sometimes a client has only two repair orders but the vehi cle was in the shop multiple times on one of the repair orders. This might qualify as a llemon. Also, sometimes the car was in the shop only, say, 20 days but the client had to wait 10 or more days for appointments or while parts were ordered. This might qualify as a llemon as well based on Voltage v. General Motors, a case I successfully litigated and now is established Wisconsin law/





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