วันพุธที่ 29 เมษายน พ.ศ. 2552

What can I do to get money back from a used car dealer when the lemon law does not apply?

I bought a used car from a dealer in Syracuse, NY with a bad transmission. It is a 93 LeBaron with 135,000 miles on it. It drove off the lot OK then the transmission went a few miles later. He's been "working on it" for OVER 2 MONTHS!! He continues to delay me with new excuses every week. He won't give me my money back and yet he won't admit the car is no good. Other than the NY State DMV, Attorney General and the Better Business Bureau are there any other sources besides a lawyer to ask for help?


Rope, duct tape and a gun... this might make you feel better, but it is quite illegal...LOL

Legal...ask for the car back. Park it across the street from his lot with a LEMON sign on it with the information that you bought from the car lot across the street. See if that effects his sales and he makes you an offer to move the car. (It is even better if you can get permission from one of the neighboring businesses to park your car on their property so the salesman can not claim your car is abandoned and have it towed.

Bureau of Automotive Repair. Contact them.

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nope

You'll probably have to take him to small claims court. But if you signed an as-is agreement, that may not do you any good. Are there any consumer advocates associated with the telelvision stations in your area? I've seen them get some pretty good results.

Has anyone had success with getting a new vehicle with the Lemon law? What was your experience?

I have a vehicle that has been in service 6 times for the same problem. (traction control engages and you lose power driving). I am wondering if I need an attorney for the first step of abitration or not. I am wondering how this process works, and if it is as easy as it sounds!


Depends on how long you had the car, How many miles you put on it, your state, etc. It is not easy, expect a legal fight

วันอังคารที่ 28 เมษายน พ.ศ. 2552

How many times does a car need to be recalled before it is considered a lemon under the lemon law?

I have a Ford Escape that has 3 seperate recalls. I bought the SUV new almost 4 years ago. It is a 2004.


if it's a recall i don't think you can use the lemon law. because everyone made similar to yours has been recalled. the lemon law is made for problems that wouldn't necessarily affect the rest of the same model. good luck

You should check on-line your state website on there somewhere it should tell you how many times.But I believe most of them consider it to be a lemon if it applies to the same problem more then 3 times not to separate issue's.I used to have a ford as my company car and that thing got more recalls then any car I have had seems to be a ford thing for some reason.Hope this helps

I don't think official recalls can be applied to the lemon law. I thought the lemon went something like if you took your own individual car in for the same repair maybe at least three times then maybe you have a case.

wow that's a really good question...but i have no idea.

I am not sure how many times, but each state have different Lemon Laws............

The lemon law has nothing to do with recalls. It's based on having to take your car back to the dealer more than 3 times to fix the same problem within the first 2 years or 24,000 miles after buying a new car.

#1, your vehicle is too old.

#2, a recall doesn't necessarily imply a problem, it implies a potential problem, in most cases.

Lemon laws vary from state to state, but in general, they do not apply to factory recalls. In most states, lemon laws only apply to NEW cars, and the problem must be a SAFETY related defect which the dealer can not repair after repeated attempts.

I don't think this applies under the Lemon Laws of any state because the dealer is telling you to bring it in for an upgrade.

Also, as the other person said, most of the time a recall is not for a problem, but for a potential problem.

Check with your state dmv the laws vary from state to state

Used car buying, Is there a lemon law on used cars for sale by owner?How do you get a mechanic to look at it?

If you don't own the car, how can you take the car to have a mechanic look at it? How much does it cost to do this?


tell the person that you will not buy the car unless it is checked out by a mechanic if he wants to sell the car he will work out the details about $75 to $100

The seller in the case of a private owner has the right to dictate terms. There is no lemon law on used cars. You ask the seller to take the car to a mechanic before you buy it. They don't have to let you but I wouldn't buy a car from someone that refused to let me have a car inspected. The buyer would of course customarily be responsible for the cost of any professional inspection. In my area such an inspection would cost around $25-$50 if done thoroughly by a qualified mechanic.

Lemon laws are for new cars only. When you buy a used car, you assume all risk. You tell the seller you'd like to take the car and have it inspected by a professional mechanic before you commit to buy it. Keep in mind that all cars require maintenance, so if a mechanic finds a minor maintenance problem, that shouldn't necessarily preclude you from buying it.

When shopping for a used car, take your potential purchase to your mechanic for an independent inspection. A good tech will spot hidden problems. Check the Carfax too.

I recommend looking for a mechanic that isn't located too close to the dealership. Many have ties if they're close by.

Independent inspections usually run from $75 to $100. It's the best 100 bucks you'll ever spend on a car.

Lemon laws apply to new cars and to dealers, not used. Most used cars sold by private individuals are sold strictly as is.

First, you check the car out as much as you can by looking for obvious drips under it. Start it, listen to it, test drive it. Ask to see the title and make sure the person selling it is the owner, and that it's free of liens. If after all that you are interested, you simply say "I'm interested, and will pay you $______ for it, but first I want to have my mechanic look at it." If the seller is okay with that, take it to your mechanic for an evaluation. If it passes, buy it, and if it doesn't, you have really saved money no matter what the inspection cost.

If they won't let you have it inspected, keep your wallet closed, thank them, and walk away.

shellbert: I'm not sure where you got yur information but right here on the Attorney General of Florida website, it states lemon laws are for new or demonstrator cars

http://myfloridalegal.com/pages.nsf/4492D797DC0BD92F85256CB80055FB97/5F1DDC32E4EDCBC885256CC900599FB4?OpenDocument

There is no lemon law when buying used. If buying it privately, ask the owner if you can have your mechanic look it over. If the seller is on the up and up, it should not be an issue. figure paying your mechanic an hour labor charge. If the seller objects to you having your mechanic inspect the car, walk away from the deal.

Also do a Carfax report on the car and check the NHTSA web site for recalls.

Yes-there IS a lemon law for used cars--what state do you live in?

The thing with lemon law is--that you have to constantly be taking it to a dealership to have it fixed--you need proof of that.

Also- if you are buying a car from someone--do not sign anything that says 'sold as is-no implied warranty'

There is almost always something wrong with the car then.

(lol)

tell me what state you are in--and I will help you more.

eta:

If you decide to buy the car-get a car fax report done immediately on it--it costs 25.00 but well worth it if you need to use the 'lemon law'!!

we found our new (used) car had been in 3 or 4 accidents that the dealer didnt tell us about!!

There is no lemon law for used cars....period. Call a shop you trust and ask what they would charge to go over a car you are thinking about buying. If the seller wants to go with you, that is not an unreasonable request.

Not for sale by owner. If you buy it from a dealer there is.

วันจันทร์ที่ 27 เมษายน พ.ศ. 2552

How long is lemon law effective?

I bought a car from a man who ownes a auto repair shop two weeks ago it was used. But I have only been able to drive it twice since I bought it I have had it in the repair shop. The rediater ran hot the tempture gage went out and now I have to replace the head gasgate.Can I get my money back?


Most states do not have lemon laws for the purchase of used cars. Especially if the contract you signed stated "As Is".

You should ckeck with your local Attorney Generals office to see if your partiuclar state has any such laws concerning used cars.

Of course it may, or may not help to file a claim with the local BBB.

Jerry

http://www.usedcarwise.com

I had a similar problem recently. Here's the site that really helped me. www.wisconsin-lemonlaw.com I differs slightly state to state, but not much.

Is my car considered defective under the "Lemon Law"?

My new Nissan Sentra has been in for service twice already for a defective passenger side door that won't open. Its scheduled for a third service appt. this week for the same problem. If they still can't fix it after a third try doesn't this fall under the Lemon Law? A door that a passenger can't exit from becomes a major safety issue, especially in the event of an accident. What do you think?


Depending on the state you live in, if it falls under the lemon law. Each state is different.

Make sure you get a receipt of work done on your car each time you take it in. So that you will have proof that you have taking it in for the same problem multiple times.

You may have to get a manufacturer adviser , to help you get your car fixed.

Try www.clarkhoward.com to get more advise.

I would say not a lemon law, however i do consider it to be listed under factory recall. All it will take is one person loosing their life and Nissan is going to get taken to the cleaners.

no it wont its still under warrenty right? then u need to push the problem and they will get it fixed. as long as there is warrenty theres no lemon they have a chanch to fix after all it dosnt cost u

วันอาทิตย์ที่ 26 เมษายน พ.ศ. 2552

How long did your Lemon Law case take to resolve?

From begining to end. And what was the settlement?


Although I have never had a lemon car, my brother-in-law is an excellent lemon law attorney here in California.

Whenever he takes a new client, he drafts a demand letter to the manufacturer informing them that his client has hired him and he is demanding that they buy back the car. They are given 30 days or he files a lawsuit in court.

The majority of his cases settle within four to six months - some sooner and some later. He has gained a reputation and a no-nonsense, no games lawyer who always represents his clients best interests - even if it means settling for less than the client could have received if it had gone to trial.

He once sued a manufacturer in a case that they could have avoided with a $200 repair. Instead, it cost that manufacturer $75,000 because the jury said that they had to buy the car back for full price plus pay the client 2 times civil penalties - twice the value of the car.

He has sued one manufacturer enough where their lawyers know him and they routinely pay one and a half times civil penalty (one and a half times the value of the car).

If you live in California, you should know that a lemon law client generally does not pay attorney fees unless the client lied to the attorney causing the attorney to lose in court. In California, the manufacturer pays all attorney fees if they lose the case. If the manufacturer wins the case, the lemon law attorney gets nothing.

When it comes to the civil penalties, the attorney is generally entitled to 30% - 40% of the civil penalties. In other words, if you had a $30,000 Mercedes Benz and it qualified as a lemon. The attorney would only collect legal fees from the manufacturer if it settled quickly. In some cases, the client may be entitled to civil penalties as well. The maximum civil penalty allowable in California is two times the value of the car. If the attorney successfully sued Mercedes Benz (Daimler-Chrysler) for the $30,000 car + double civil penalties, it would cost Daimler-Chrysler $90,000. Of that, the attorney would be entitled to 30% - 40% of $60,000 in civil penalties plus the legal fees which would be covered by Daimler-Chrysler as well.

If you ever have a lemon car or know a friend or family member with a lemon car, it is always a good idea to contact a lemon-law attorney who knows how to get the most for you.

We had a lemon law case in CA.. it took use 6 months from beginnning to end..

ended with us winning..the car got taken back by the dealer..we also recieved $6,000 in time/suffering/wages lost..all that

this was a 2005 saturn ION 3

Literature review for my law class on "the Lemon Law" I want to get some ideas together?

I just need some basic ideas that pertain to the law itself so i can come up with a good overview. All ideas are appreciated!


Type in your search engine Lemon law. You can also go the department of consumer affairs website.

Does the Lemon Law include electronics?

I purchase a PT Cruiser in April of 2005. I have had the CD player replaced twice now. The warranty on the car will expire around June of next year. If the CD player breaks AGAIN and needs to be replaced a third time, does that fall under the Lemon Law? Can I get a CD player from another source and make Chrysler pay for it?


yes it does ,,it cover electronics also they shouldn't give you any problems with replacing it though,, but it does cover everything on a vehicle,,good luck,hope this help,s.,,have a good x-mas.

You will need to check the Lemon Laws for your state. Also, if you implement the Lemon Law, bear in mind it only starts a litigation - it is not a hands-down you get a new car/money back. If you qualify, however, you will win in 12-18 months.

no, only safety related issues

Depends on what state you live in.

วันเสาร์ที่ 25 เมษายน พ.ศ. 2552

What is a lemon law? It doesn't make sense?

I am 16 and I wanna know what is a lemon law and is it useful information? Is it something I need to know?


A law obligating manufacturers or sellers to repair, replace, or refund the price of motor vehicles that prove to be defective.

Law Encyclopedia: Lemon Laws

Laws governing the rights of purchasers of new and used motor vehicles that do not function properly and which have to be returned repeatedly to the dealer for repairs.

Laws in all fifty states and the District of Columbia provide remedies to purchasers of defective new vehicles, often called lemons. These so-called lemon laws protect consumers from substantial defects occurring within a specified period after purchase, and provide that a manufacturer must either replace the lemon with a new, comparable car or refund the full purchase price. According to the consumer advocate group Consumers for Auto Reliability and Safety, automakers repurchase fifty thousand vehicles a year, about .33 percent of the 15 million vehicles sold annually.

California and Connecticut passed the first lemon laws in 1982, in response to dissatisfaction with remedies in state sales laws and the 1975 federal Magnuson-Moss Warranty Act (15 U.S.C.A. § 2301 et seq.). Magnuson-Moss and other laws previously in effect provided remedies for the breach of full warranties, but the automobile industry typically provided only limited warranties. Other states quickly followed California and Connecticut in an effort to provide relief to new-car buyers under limited warranties.

Lemon laws typically provide consumer protection for owners of new cars, trucks, and vans. A significant minority of states also provide coverage for leased vehicles. Many states specify coverage for one year from delivery or for the written warranty period, whichever is shorter; a handful of states mandate coverage for the shorter of two years or twenty-four thousand miles.

Wikipedia: lemon law

Lemon laws are United States state laws that remedies to consumers for cars that repeatedly fail to meet certain standards of quality and performance. These niche market cars are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.

In California, lemon laws cover anything mechanical, as do the federal lemon laws. The federal lemon law also provides that the warranter may be obligated to pay your attorney fees if you prevail in a lemon law suit, as do most state lemon laws.

http://www.answers.com/%20lemon%20law

1. (idiomatic) (law) A law dealing with defective items, especially automobiles, and consumers' rights.

You should consult the applicable lemon laws and see if you have grounds for a return or replacement.

http://en.wiktionary.org/wiki/lemon_law

statutes adopted in some states to make it easier for a buyer of a new vehicle to sue for damages or replacement if the dealer or manufacturer cannot make it run properly after a reasonable number of attempts to fix the car. Without a "lemon law" auto makers have often demanded the buyer come back a dozen times and give up use of the car for lengthy periods while they test it, claiming they are "still trying" to make it run right.

http://dictionary.law.com/definition2.asp?selected=1138&bold=||||

a statute that grants the purchaser of a car specific remedies (as a refund) if the car has a defect that impairs or significantly affects its use, value, or safety and that cannot be repaired within a specified period

http://research.lawyers.com/glossary/lemon-law.html

http://www.businessdictionary.com/definition/lemon-law.html

Lemon law simply prohibits the sale of faulty equiptment usually related to the sale of cars. If I sell you a car that I know is faulty and will only work long enough for you to hand me your money and take off thats called a lemon. No lemon law protects you from bad sellers and bad merchandise. It could be useful but you may never encounter this.

They're different in each state.

Here's a link:

Can a car still be considered under the lemon law if it was bought as is?

I bought a car from a Ford on friday 1/30 from a dealership and the ball joints are making a horrible sound. Would it be considered a "lemon"?


Nope, not if it is a used car. Lemon laws only apply to brand new cars. If you bought "as-is", the car is yours as is.

There's really not much wiggle room or gray area in the phrase "As Is."

You bought it as is. Plus you bought it Friday and now it's making noise? You have to show that you had a reliable mechanic check it out. You're on your own here.

There is no lemon law for used cars. Plus, as-is means YOU are responsible for ALL repairs. Didn't you have a mechanic check it out before you bought it?

And yet another person doesnt get a third party inspection on a car, then finds a problem.

You had the opportunity to identify this issue before you signed on the dotted line. Its your car to drive, pay for and fix

As Is means just that.

The Lemon Law applies to vehicles still under manufacturer warranty, with a recurring problem on a manufacturers defect. You are out of gas on this one.

Is there a lemon law on houses in texas?

my wife bought a house in central texas in october of 2006. we are the first owners and moved in as soon as the paint was dry. the weekend that we moved in, the drain pipe for the AC condensation came lose and ruined portions of a wal and flooded the carpet. the reapair man told me that the pipe wasn't glued together. the builder paid for the repairs. about one month later the home was hit with 35 to 40 mph winds and the chimney broke off and fell causing damage to the roof and the cieling inside. it took them over a month and a threat of legal action but the builder fixed that as well. i have also had two light fixtures replaced on the front of the house, and the ones in the back have quit working as well. now i have sideing coming off. these are just a few of the problems we have had. is there any kind of lemon law in texas on homes. i could understand if it was an older home but it is new construction. do i have any rights or just the builders warranty. will this effect value too?


you should have a home warranty..since the house is brand new ....which should cover any inside problems like peeling paint, bad pipes etc......for the outside issues cause by the wind and such you homeowners insurance should cover that type of stuff

There probably should be a lemon law in Austin at a well known ranch.

New construction has a 10 year builders warranty. You may want to contact the builder.

วันศุกร์ที่ 24 เมษายน พ.ศ. 2552

How does a change of state residence affect a automobile lemon law claim?

I purchased a car in FL. lived and used it there (with great difficulty and trouble) for most of a year. I then recently moved (last week) to TX and the problems continue to plague me. Might anyone know if I should pursue a lemon claim in FL or TX?


Is the car new or used?

If it's used, there is no Lemon Law.

purchase the law in the state the car is registered so you can make your claim official.

How is sales tax handled when dealing with the lemon law in Pennsylvania?

I have a 2005 nissan quest that is considered a lemon aunder the lemon las for a leak in the roof that has not fixed after 3 dealership attempts. The dealership has confirmed seeing the leak. They have offered me a 2006 quest with the same options but with a 66 month term instead of the original 60 month term and chargin me $568 in sales tax - a prorated amount they said. I have 13,000 miles on the lemon quest (that I bought) in Dec, 2004. Should I have to pay any sales tax on the 2006 quest and should I have to accept extending the payments by 6 months?


It doesn't sound right to me, but I would contact an attorney for some advice.

How is sales tax handled when dealing with the lemon law in Pennsylvania?

I have a 2005 nissan quest that is considered a lemon aunder the lemon las for a leak in the roof that has not fixed after 3 dealership attempts. The dealership has confirmed seeing the leak. They have offered me a 2006 quest with the same options but with a 66 month term instead of the original 60 month term and chargin me $568 in sales tax - a prorated amount they said. I have 13,000 miles on the lemon quest (that I bought) in Dec, 2004. Should I have to pay any sales tax on the 2006 quest and should I have to accept extending the payments by 6 months?


It doesn't sound right to me, but I would contact an attorney for some advice.

วันพฤหัสบดีที่ 23 เมษายน พ.ศ. 2552

Is my car coved by a lemon law here in Indiana? mechanic Ford Wind Star dealershipmoney back?

Hi, I live in Indiana... 7 days ago I got a 1996 Ford Wind Star, from a used car dealership. I made a 50% down payment and I will pay the rest off monthly. Yesterday I started having trouble with it overheating. So I took it to my local mechanic and he told me the head gasket is going bad, it will cost $500-$1’000 to repair. I dont have that kind of money to put into this MiniVan. I purchased this mini van as a family vehicle as I have a 1-year-old son and the dealership said they would not do anything to help me with this! Am I covered by a “lemon Law” Can I ask for my money back?


Lemon Laws in Indiana only apply to vehicles newer than 18 months or having less than 18,000 miles on them. Dealerships allow you to have a vehicle inspected by an independent mechanic for the purpose of avoiding the problem you're now having. The only way the seller is going to help you with this is if they gave you some type of warranty with the vehicle, and only then if it specifically covered a head gasket. If you are stuck footing the bill for the whole thing, talk to the dealership. See if they will cut you a deal on the repair if they have an on-site garage, since it was such a recent purchase.

As I know lemon car law only apply for new car Your car is 11 years old and expect brake down any time and how is the mileage?What is the term when you brought this?As is? 60 days warrenty?In your case is hardly money back..

First see if the vehical is under warrenty from the people you bought it from. Even used cars can have warrenties.

Second see if the insurance will pay for it.

Here is the Indiana lemon law.

Anyone know about the Lemon Law in PA?

I bought a car in May. A 2006 Kia Spectra. It was rear ended a week after I bought it. The car is now starting to rust in several places. Not in the area that was hit. The dealer keeps "buffing" the rust off & I want it re painted. If I pursue the Lemon law would the accident that the car was in hurt the case at all? The rust is on the trunk deck & inside the gas door & on the inside of all 4 doors at the part where you step to get in the car. Just the rear bumper was affected in the accident.


If the nonconformity or problem is not the result of an accident, abuse, neglect, or alteration of the car by persons other than the manufacturer or dealer, and you reported the problem within one year or 12,000 miles of the purchase of the car, and you gave the dealer or authorized representative three opportunities to repair the problem, the lemon law states that your car may be declared a lemon and you may be entitled to a new car.

The issue is that the problem has to impair the vehicles use, value or safety. I would say in your case it would be value because of the rust.

You can ask that your car be replaced or your money be refunded less a reasonable allowance for use (ten cents per mile driven).

If you are unable to get relief under the lemon law yourself, you will need to contact an attorney. Look on the internet under PA Lemon Law. There are many who will take your case.

the lemon law is a federal law not a state law. i would call a lawyer if i was you.

the lemon law states that a car has to run 90 days. don't know exactly if it covers body condition.

sorry that happened to you good luck friend

วันพุธที่ 22 เมษายน พ.ศ. 2552

What is the lemon law for kentucky?

on used cars?? and say u get a car from a well known car lot what would happen if u had the car for a week and two things goes wrong with it and the lemon law is in affect can u tell them u dont want the car anymore and will they take it back or what will have to be done??


Unfortunately, there is no Used Car Lemon Law in Kentucky. Here is an informative link for you. Good luck.

http://ag.ky.gov/consumer/cars/lemon.htm#used

Edit: There are actually Used Car Lemon Laws, contrary to what many believe. They are more stringent and only applicable in Connecticut, Massachusetts, Minnesota, New Jersey, New Mexico, and New York. I hope this helps to clarify.

Well first off there is no lemon law for used cars in KY. If you bought the car "as is" then you have no legal standing ground unless there was a gross misrepresentation made to you by the dealer and it would need to be fairly extreme. If it came with a warranty then what ever the warranty covers or said it covered has to be covered as such.

If it is a well know dealer then if you show your true dissatisfaction they may aid in the repairs. You can not take the car back and have no legal ground to do so. You should have had the car checked by your mechanic before purchasing it. It sucks that there are some problems but if you would have had it checked by a mechanic before purchase there is a good chance you would have known before buying. Try and work with the dealer to get the problems fixed but as far as returning it back well your stuck.

Lemon laws only apply to new cars, not used cars.

Used cars are generally sold "as-is" which means you get no warranty, guarantee, or return rights. The exception would be "certified" used cars from major dealers. Certified cars come with a documented inspection and a limited warranty, and possibly a limited return policy.

It's very important to get used cars inspected by a qualifed mechanic and get a CarFax history report BEFORE you buy. Do not simply take the word of the seller, even if it's a dealer, about the condition of any car you are considering. You can't take it back later, even if the seller lies to you.

Is anyone familiar with the Puppy Lemon Law for the State of Ohio?

I am looking for information pertaining to State of Ohio Puppy Lemon Laws and how to go about filing charges against a breeder whom is breeding unethically.


http://www.petitiononline.com/opll2003/petition.html

http://www.malteseonly.com/lemon.html

http://www.consumeraffairs.com/pets/lemon_intro.html

http://www.wkyc.com/news/rss_article.aspx?ref=RSS&storyid=63773

http://www.canismajor.com/dog/laws1.html

.

I'm sorry but no. I didn't know there were lemon laws for dogs. In my state there is a law that you must bring the pup to your vet and within 7 days of purchase. If the pup is found to be unsound then you have the right to return the pup and the person or place you purchased the pup from has to refund your money.

All I could find was a petition. Are you sure it was passed into law?

วันอังคารที่ 21 เมษายน พ.ศ. 2552

I signed an apt lease in AZ today; now I want out. Is there a lemon law that protects me? Any recourse?

I signed an apartment lease in Scottsdale, AZ today and now I want out of it. Is there a 24-hour rule that protects me--a lemon law of real estate? What recourse do I have, if any? Upon signing the lease, I inspected the premises (for the first time) and found several major flaws. The model apartment I viewed was in pristine condition, which I feel is in great contrast to the space I inspected today. I could pay the early termination fee (~$1200), but I wonder if there is a better option. Any ideas?


Well you learned an important lesson here, don't sign the lease next time without doing a visual inspection of the actual apartment that you are renting. There is no such law that I know of that can help you in this case. However, by the way you worded your question, it sounds like you may have been on a waiting list for this apartment, and if that is the case, then the property manager might let you out of the lease since they can just quickly rent it to someone else.

Have you tried speaking honestly with the apartment leasors? Try that first, or check your lease, sometimes they allow it within 24 hours or 30 days.

Also see if there is a different unit available, or if they will fix all those issues...you should do a pre-move in inspection and note all flaws.

Stop pay on your check. Letter of cancellation discussing misrepresentation of the property.

depends...did you put any money down?

Why don't you ask to be released from the lease by the management company?

If they will not release you, tell them you will lodge a formal compliant with the AZ Dept of Real Estate.

In the future, before you tender money inspect the rental unit so it's up to your standards.

Yes there is... to my understanding of the lemon law it is in every State..the major flaws is the issue...?were these listed?? should the seller have known of these flaws (here common sense applies in the letter of the lemon law).. you should not have to pay the termination fee either...

write them a letter (Fax it asap) listing the flaws and state that this is the reason you are not interested in the property..give them the opportunity to fix/correct or reduce the price of this property..chances are they will take a considerable amount off (its probably a hard sell for the reasons that you noticed..)

try in good faith to work with them.. you may take another parcel of land remember that one disgruntle customer is a loss of several customers..(if need you may your possible avenue(s) in resolving the matter include local media and any and all County,Satate,Gov officials ) be confident be assertive..not Bit--y

Does the Wisconsin lemon law apply my my case?

I bought a car about a week ago from a dealer. I was told that the car came with some minor defects such as leaks, etc. One problem I was told about was that the ABS light would come on but I was told that there was no ABS problem and that it was only a defect with the gauge. The buyers guide on the window listed no problem with the ABS. I had the car checked out by another mechanic and I was told that the ABS did not work at all and it would cost a lot of money to fix. The dealer told me he would fix it at a 20% discount.

So, what should I do? Is there a lemon law in this case?

And if the lemon law doesn't apply in this case would it be cheaper to get it fixed at the dealer or at another mechanic?


Wisconsin's lemon law

If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).

What is a "lemon"?

A new vehicle - no more than a year old and still under warranty - is a "lemon" if

It has a serious defect the dealer can't fix in four tries, or

It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)

What is a defect?

A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.

What vehicles are covered?

The law covers any new car, truck, motorcycle or motor home you buy or lease, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle.

How long are you covered?

The lemon law includes no deadline for filing a lemon law suit; a court would decide if your case were too old.

Is your vehicle a lemon?

Your vehicle is a lemon if all of the following statements are true:

You bought or leased a new vehicle.

The vehicle is a car, truck, motorcycle or motor home.

The vehicle developed a defect or defects during its first year and before the warranty expired.

The defect seriously harms the vehicle's use, value or safety.

One of the following happened during the vehicle's first year and before the warranty expired:

The dealer failed four times to fix the same defect; OR

The vehicle was out of service for 30 days or more due to defects

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What should a lemon owner do?

Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.

Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.

We strongly urge you to use the Wisconsin Department of Transportation's (WisDOT) Motor Vehicle Lemon Law Notice form to ask the manufacturer for a refund or replacement vehicle. The Lemon Law Notice includes important language required under the lemon law. Send the form to the manufacturer at the address in your owners manual. The manufacturer has 30 days to respond. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.

If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.

If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.

Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082, or at (608) 257-4666 or WisBar Lawyer Referral and Information Service.

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Who can you call for help?

WisDOT's Dealer & Agent Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. Contact the Dealer & Agent Section if you have a complaint against a dealer or manufacturer.

The Dealer & Agent Section won't resolve your Lemon Law complaint for you, but it will give you more information about exercising your rights under the Lemon Law.

U.S. DOT auto safety hotline

If you own a car or truck that you feel has a safety defect you should report the problem to the Hotline at the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation (DOT).

The U.S. DOT Auto Safety Hotline specializes in gathering information about safety problems in motor vehicles and equipment and is your chance to help identify these problems which sometimes lead to recalls. The Hotline can be dialed toll free at (888) DASH-2-DOT or (888) 327-4236 or you can now file your vehicle safety defect report online.

Need a speaker?

WisDOT's Dealer & Agent Section (608) 266-1425 or dealers.dmv@dot.state.wi.us has speakers for your class or meeting. It's free!

I got this off our DMV website. Hope it helps.

lemon law applies to new vehicles...not used. however the dealership had to complete a safety check on your vehicle in order to sell it (like a 20 point check usually it is a check list that a mechanic of theirs goes through and it is posted on the window along with the sticker price....do you still have it?!?) if the abs system did not work THEY failed to properly complete the safety check and THEY are responsible for the repair!! If I were in your position I would go to a reputable mechanic have them plug it into a scanner and get a code reading (ask for a print out...don't let them tell you they can not print it out...husband has a scan tool and they can) to make sure the other mechanic you took it to wasn't giving you a line of sh**. then take that reading and your safety check to the manager of the dealership and bi*** away....they are definitely in the wrong...and I would tell them to stick their 20% you want it done for nothing!!...be a thorn in their side and do not give up...you paid hard earned cash for this....keep all records of the repair just in case they try to pull one over on you ie: using the scanner to clear the code and not fixing it...the light will come back on in time if they do this crap.... just a humble opinion from one who doesn't like to be taken advantage of....

This must be an used car, with no warranty. More or less "As-Is"

I think you are stuck......

They made you aware of the ABS light coming on. Unless you have it in writing that the ABS system was functioning you got screwed.

Sad But True,

Dave

Is there a Lemon Law for used cars in NC?

I have looked everywhere for this info but found nothing could someone please tell me if there is a Lemon law or somthing similer to it that could be used agianst a dealer for used cars?

Please provide a site if avlaible Thank you


NO!!!!

NO!!!!

NO!

There is NO LEMON LAW for USED CARS in ANY STATE!!!!

NO USED-CAR LAW AND NO BUYER'S REMORSE!!!

Those lemon law links only apply to NEW CARS!!!!

Only in NJ do cars under a certain mileage and age must have a warranty from the dealer, but that's about it

Sure, go check it out on this website.

http://www.lemonlawamerica.com/

Goof luck.

http://autopedia.com/html/LemonLaw/NC_lemonlaw2.html

its a bit lengthy, but every state has some form of lemon law, but it varies in terms and enforcement

What should I do about this used car I bought, involving the lemon law?

1. purchased 2002 Jetta $14,000 on 3/27

2. Received on 3/30/07 (due to maintenance and inspection)

3. 3/31-noticed leak (believe transmittion) and ball bearings off (hear and feel)

4. 4/3- called for servicing (can't get in until 4/10 due to no rentals)

5. 4/4- Check engine light comes on

6. 4/5- miss work due to door won't close, call dealership, gets car in this day

Unsure of what to do...I have had the car for 10 days and only drive it 5. Also, they gave me a warrenty of 30 days/3000 miles...when according to lemon law should be 60 days/3000. What would you suggest I do?


Lemon laws in most states only apply to new car purchases. But you should contact your DMV or equivalent to verify what your state's guidelines are on this. You might want to take the car to a mechanic of your own choice and ask him/her to inspect the car for any additional problems and have them document them, then you can return to the dealership with the list of problems and hopefully get them fixed before your waranty expires.

Take it back to them get a refund make them give you a rental car until everyhting is fixed and checked out by an independent mechanic of your choice. If you don't know one call the BBB and your local state agency on getting a liscensed mechanic. Make the dealership reimburse you for any and all costs you have.

you have to deal with it - the shop did nothing wrong at all

its still a used car - not a new car - so bound to have problems

lemon laws are different in every state - usually the days and miles are based on how many miles the car had when you bought it

Used cars are sold as is, and 30 days is an appropriate warranty for a used car.

Does this fall under california lemon law?

I currently own a Xbox 360. Well not only have i gotten the red ring of death one, twice, three, times but i just now got it again today. I wanna know since this is more than a general problem does this fall on the lemon law.


Not a new car.

Sorry

If you purchase a car from an individual person, instead of a dealer, does the lemon law still take effect?

My boyfriend just purchased a car from a guy and was totally ripped off. The check engine light shows as soon as you start up the car, and they had black electrical tape over it. The car has been repainted because the previous owner was in so many wrecks. There is a few dents in the side, still because of the numerous wrecks, and the guy is acting like he had no idea about it. He went to get it inspected, and there is a few things wrong internally, including the transmission, which would cost 2500 minimum to fix. The guy is now saying that he has already invested into a nother car, for 3200.


I hate to inform you, but lemon laws only apply to vehicles purchased new and owned by the original owner. Even if you purchased it used from a dealer, it wouldn't matter.

Typically when you buy a car from a private owner it's "as is." He should have test-driven it, and if the owner said no, then he should have walked away.

Now if the previous owner had put it in writing that there was nothing wrong with it, and there was, then he'd be in trouble.

THIS IS WHY THE BUYER SHOULD TAKE THE CAR TO BE INSPECTED BEFORE THEY BUY IT. Your boyfriend has just made a classic bad investment. Next time, he'll know better & be able to make a more informed decision before he gives up his hard earned cash. He's S.O.L.!!! PS, the "check engine light" is easily fixed by replacing the electronic plug-in part. It's only a reminder light to get people to check on their fluids & their emission equipment.

No, the lemon law only covers vehicles purchased from a legitimate dealer. That is how it is in most states that have it and you don't indicate which state.

It's buyer beware and you might try small claims court. If bf can prove that he was defrauded, then he might get his money back. He should have had it inspected before he bought it, not after.

Not all states have a lemon law and those that do specifically exclude used cars and private party transactions.

What is the Lemon law in dealing with cars?

I have a 2003 Ford Focus (in Texas if that's any different) who's been into the dealership on two different occasions for transmission problems, and now it looks as if it's going to need to go in again (not even a month after it's last visit either). I do have an extended warranty that is lasting me til 2009 (or 75,000 miles, but I'm only approaching 50,000), and they have indeed honored it to specifications.

However, my dad told me that the Lemon law is basically three strikes and they replace my car for me, obviously (and unfortunately) it's probably nearing it's third strike. I was just wondering the specifics of the Lemon law, what it takes to meet the requirements, what they do with the car, what kind of car they'd give me etc. etc. If someone could point me to a consice website (or let me know a good bit!) that can give me some info on it that would be wonderful. I really don't want to let go of my car...


it varies by state, so try here

http://www.lemonlawbasics.com/

Your lemon law has expired. You need to seek remedies under your manufacturer's warranty.

I am in the car biss.... there is NO lemon law on used cars. Only on new cars and that is only going threw the manufacture. You just need to let the dealership work with you on replacing the transmission. That's why they have extended warranty's. I hope this is helpful, if not let me know.

your car would be used as a trade at fair market value on any vehicle u choose

I bought a scooter from a small time dealership, when I got it home it wouldn't start. Is there a lemon law?

When I bought the scooter the dealership guy told me they were trying to get out of the business of selling scooters. I rode the scooter around his lot and it ran fine, I paid for it and took it home. When I got home it wouldn't start for some reason. My dad also bought one that is still running very well. I then took the scooter back and told the guy just give me my money back. Since I had only had the scooter for only 2 days, I felt that it would be the honest thing to do. But he told me that it was a clean deal and they couldn't take it back. So I told him if you can fix it then I will be happy to keep it. He changed the spark plug and I picked it up, however when I got home I started it and drove it for about 20 minutes and it stalled and wouldn't start again. I called the guy and said I don't want a scooter that doesn't run, he told me to take it to a shop, and that he wouldn't take it back. Isn't there a lemon law for scooters, I have only had it a week and it don't even run?


If you're only option is to repair the scooter yourself, post another question with more detailed information . . if you need suggestions.

scooter make a model

engine type (2 or 4 stroke) and displacement (50cc, 150cc)

what steps you have already tried

Most China scooter engine and variable pulley drive units are generally reliable . . there can be numerous relatively minor fuel or electrical system issues however. One of the most frequent new rider issues is not centering the "emergency off switch" (should the throttle stick) on the right-hand control unit.

This 150cc service manual might provide some guidelines.

http://www.cobrasales.com/docs/TGB%20Service%20Manual%20-%20303R150%20(BR9)%20-%20Delivery%20150%20(BK9).pdf

3 day right to cancell usa.

The only way to fight back is to find out the recend law in your state. Most states it is 3 days . Meaning if you are not satisfied with the product you can take it back for a full refund within 3 days. You must hire a lawyer for this, that is what I had to do once. That will run you at least $100 or more. The scooter resale value is very low. David Douglas

Depending on what you paid, you might be able to litigate in small claims court.

Most scooters are Chinese junk, and they are abused and not maintained by their previous owners. In addition, there is no title or registration - a scooter is just a toy in the eyes of the law, and lemon laws don't apply to them.

Sorry to hear about the bad experience, but your best bet would be to take it to a small engine shop. A place that fixes lawnmowers and such.

Does the NY used car lemon law cover these problems?

First of all something is wrong with my brakes. Maybe the rotors. When I brake it's kind of jerky and kind of pulses. Not in an ABS kind of way, as there isn't a noise.

Also when I'm sitting there, I can smell gasoline pretty strong. What would that be? And would it be covered by lemon law? I've had it for less than a month


http://dealerselect.com/lemon/bystate/NY_lemonlaw3.html

no rotors covered

and if it was warped rotors, there probably would be a noise.

วันจันทร์ที่ 20 เมษายน พ.ศ. 2552

Does the lemon law apply to used cars?

Hey, I bought this car about 7 months ago from a used car dealership and I've got to drive it maybe 5 months it is still under warranty for the power train. Well It's been in the shop four times for the same thing and of and on ever since I got it.I'm getting tired of being car less every time it's in the shop. So does the Lemon Law apply to used cars as well as new ones? Thanks everyone.


Lemon laws apply to new cars only.

If the car has returned to the dealer for the same problem multiple times for the same problem, I blame the mechanic, not the car. The mechanic is not fixing it right which is not the car's fault.

You have a couple of options.

Find a near by dealer who sells the same make of car and have them fix it next time. Maybe they will get it right.

Another option would be to contact the manufacturer. Most owner's manuals contain a toll free number to their customer care department. Give them a call. Calmly explain the situation. Be honest. Give them as many facts as possible as to the exact dates, what was wrong, and what the dealership did. Try not to yell at the person on the phone as this will get you nowhere. They will contact the dealer. Maybe this will help get your car fixed right.

Dealerships do not like this kind of contact from the corporate offices. When warranty work is done, the corporate office pays the mechanic at the dealership. The corporate office does not like to hear that they are paying to have a job done repeatedly.

You need to get this resolved before the warranty expires because it will then start costing you money.

Lemon Law only applies to new cars.

Also, I don't see how you could win a civil case. You bought a machine. Sure, it came with a warranty. But I think some here are unclear about what a warranty is and does. A warranty is not a guarantee that your car WON'T break, it's a guarantee that the warranty company will pay for the repairs if and when it does break. That's it. It also does not guarantee that the mechanic will be able to figure out what is wrong with the vehicle.

As I said before, you bought a machine. Actually, hundreds of machines. There is no way to predict if, when, and how a car will fail.

Sorry it's not the lovey-dovey feel-good answer you may want to hear, but it's the truth.

It's time to sit down with the Dealers General Manager

and go over this situation calmly. I don't believe that Lemon Laws

apply at all here, I can almost guarantee it, but, you do have a

civil case if this continues, hopefully it will not.

I'd say that they are riding you out till that warranty expires.

Which is why I never deal with car dealers.

Just my opinion on this one, Good Luck to you..

Lemon laws differ from state to state, so I'd recommend asking a lawyer. In most states, though, lemon laws only apply to new cars, not used. What state are you in?

Try sitting down and talking calmly with the dealer in person. If you explain your predicament, they should be willing to help you out. Even if lemon laws don't apply in your case, hopefully the dealer will understand your situation and help you out.

It is very annoying.But lemon law is not apply to used car.It is only applies for new cars.I think it is better to handle with the manufacture management.You can put it as a civil case.Otherwise once go to another garage to repair your car within the warranty period.It is better for you.All the best

Simple answer is NO. the lemon law doesn't apply to used cars. But if it is still under warranty then you have some recourse and unfortunately that is to keep getting it fixed but if I were you I would inform the warranty company that the repair shop isn't fixing but getting paid. I bet they will step in quick.

Yap only to new cars.

I know its annoying but all you can do is to take the car back again and again, and make sure its all done within the warranty period.

For your peace of ming you can take it to another garage and they will repair it for you( make sure you give thme the warranty paperwork)

Lemon laws vary by state - some used cars are covered if they meet the criteria. Research the lemon law in your state and find out.

I'm 90% sure it only applies to new cars.

Is there a website with any information about a lemon law pertaining to used vehicles?

my husband recently purchased a used truck from a person who buys from auctions and individuals and resales for profit. he was recently in an accident in Houston, Tx, when his brakes locked up and he was unable to avoid rearending the person in front of him. Upon checking the brake system, he took off the front passenger side wheel and the brakes fell to pieces on the concrete. We now know why his brakes failed. He had only purchased this truck 2 or 3 weeks before the accident. He has also changed several parts under the front and rear end, the motor mounts and the steering system {pump and lines}. Someone told us there is a law stating that all steering and brakes are to be in 100% operating order when a vehicle is sold or traded and that it falls under a lemon law. We are seriously considering seeking legal action but do not want to go before a lawyer without some knowledge of the right or wrong of this situation.


Try this. Its good

http://usalegalcare.com/lemon_law.htm

Yes, Absolutely.

Here it is at the Texas Dept of Transportation

www.dot.state.tx.us/services/motor_veh...

OR

www.dot.state.tx.us/news/003-2006.htm

I hope this is what you are looking for,

Good Luck

Generally, the lemon laws refer to new vehicles only, except that: Your used vehicle may be covered under the Lemon Law. If your used vehicle is still covered by the manufacturer’s original warranty (not an extended service contract), or if the problem started while under warranty and it continues to exist, repair assistance of the warranty-related problem may be available to you.

Since this was a used truck from an individual, it was no doubt sold "as is" and you will have no recourse.

See http://www.dot.state.tx.us/services/motor_vehicle/texas_lemon_law/default.htm for the full text of the Texas Lemon law.

Bought a car with ORIGINAL factory warranty......lemon laws DO NOT apply for used cars/trucks......PERIOD.!!!!!!!

I have heard of a lemon law? Does this law really exist? What all does it mean and who does it apply to?

I live in NC and I recently heard about something called a lemon law. Is this just for my state, or do all or most states have this law?


It is a state by state situation, like most laws in the United States. I don't know whether NC has it, but some states certainly do, though the details will vary by the state.

Lemon laws involve a consumer's right to a refund for a motor vehicle that, despite repreated attempts to fix it, continues to be defective in a significant way.

Here is a website describing laws such laws generally, and which has a link to take you to the laws of the individual states:

http://www.autopedia.com/html/HotLinks_LemonState.html

You will see the basics of North Carolina's law there.

This site specifically has NC's lemon laws:

http://www.autosafety.org/article.php?did=241&scid=66

This refers to merchandise. Buying something (say a car) and then the mechanics don't work. That would be "buying a lemon".. Carfax has a service to ensure you don't receive a "lemon". Most states have this law.

Yes, there is a lemon law and it is different in each state. Some states if a vehicle has to get the same thing fixed more than 6 times it would be considered a lemon, hence "lemon law". Be sure to look into the details of your state if you ever have an issue.

Which state offers the best protection for consumers in regarding to the lemon law?

which state is the best one to follow the lemon law and why is it the best one to do that?Do we need a lemon law attornet to fight for our case?If so who will pay the fees for the attorney's?


Which state is the "best" really doesn't matter. Some states don't even HAVE a "lemon law". It sounds to me as though you have a bit of a problem on your hands and I recommend you see an Attorney. If you purchased the vehicle in YOUR state then that is the ONLY state in which you can bring suit, generally speaking. If you purchased the vehicle in a different state you MAY be able to bring suit in your state and you CERTAINLY can bring suit in the state you bought the vehicle in. See an attorney to find out exactly what your options are and if you are protected by a "lemon law". If you are in Alabama, there is no lemon law! Also, please note that Attorney's Fees are not recoverable in all actions! This is a matter of your state's Statutes. It is very unlikely that you would be able to recover all of your fees anyway (nearly 95% of all who are awarded Attorney's Fees in court STILL HAVE TO PAY something).

I don't know which state offers the best protection, but if you are asking for personal reasons, you are limited to which state's law you can use. You can only use the law in the state where you live or where you bought the "lemon." It would be best to retain an attorney for your case as you are not as likely to be aware of the remedies available to you, or that you are entitled to receive. If you are going against a manufacturer, it will be a large corporation that is used to getting thousands of claims like yours and will do its best to convince you to accept a lot less than you deserve. (I know of one corporation that would offer to "buy back" the item, but in such a way that it would cost you thousands of dollars. Most lay people would not realize their trick, but a lawyer would.) In a lot of states, the lemon law requires the defendant (person you sue) to pay for your attorney. Check with your state's bar association.

What is the Illinois computer lemon law?

What is the Illinois computer lemon law?

I sent my gm5478 desktop 3 times for repair now its going to be the 4th i bought it back in september 07


send it to me, I will fix it right. what exactly is the problem? email me.

Is a new car covered under new jersey lemon law? What is the law?

I bought a new Chrysler Pacifica. It has been serviced 3 times. It's the converter. It still isn't fixed. Is it a lemon? What is the law in New Jersey?


If you purchased the car new, then Lemon law can be applied. You have to show that the problem is the same, and that the repairs that were made didn't fix the problem. (ie you must have all your documentation and receipts of what you paid for).

If you have all this, contact a lawyer in your area that specializes in lemon laws.

Probably not, The converter is easily replaced, if that's whats wrong. Usualy the lemon law is used for engine, transmissions and that sort of problems, Look in your owners manual and it gives information on lemon laws.

Jersey has a 3 strikes you're out lemon law if you bought the car new.. After the third visit for the same problem, have all your documentation

Does my car fall under the Lemon Law?

I own a 2002 BWM 745i and have taken it to the shop more than I drive it. The AC unit they've worked on 3 times. Does this fall under the lemon law? It's still under warranty but expires next year and I'm concerned since these cars are very expensive to repair.

What other options do I have?


All you need to know about your state's laws to determine if your car is considered a lemon, and how the lemon laws are handled can be found here:

http://www.lemonlaw.bbb.org/

วันอาทิตย์ที่ 19 เมษายน พ.ศ. 2552

Can I get some help finding an attorney willing to take my lemon law case??

My truck is an unsafe vehicle sold to me based on lies from small dealership. I have a lemon law case, but I can't afford to pay an attorney for representation. Can someone help me with this?? My truck has almost gotten me killed twice because it just dies out. The dealership is playing games with me. It's now at the dealership's mechanic, but I know it can't be fixed because the parts they need to make it a safe vehicle aren't available anymore.


what kind of vehicle is it and it may not fall under a lemon law, depends on your state. let me know what kind of vehicle it is please

Have you checked online and researched the lemon law statute for your state? In some states the lemon law applies to (brand spanking) new cars only. So even if your car is a 2006, if it was previously owned at any point and time (such as a rental) then the lemon law does not apply. And any used car would not apply either. Find this out and be certain you're covered.

As far as an attorney, many states often have a non profit legal assistance hotline where you can get free legal advice between certain hours. If you're employed check your employee assistance program (EAP) if you have one. Many companies offer legal consultation to their employees either free and/or at a discount. You might be entitled to a free legal consult over the phone and an in office consultation at a discount.

Good luck.

ok first off is it a new car if not your screwed the lemon law does not cover used cars

You bought a 12 year old truck!!! You did not have it checked out by your own mechanic prior to purchase, or if you did he did not find a problem with it.

You now want to blame everyone but yourself for the problem, and want a lawyer to take the case without pay!! You say the dealer is working on the car now, but you (who of course do not know anything about vehicles when you bought the truck) now are an expert on what is wrong, and you know they can not make the truck safe.

I think you have changed your mind and want to get out of the deal. I do not think there is a lemon law case here. You are just trying to avoid responsibility for your own choices!!!

well with out a lawyer your ***** ed and the other thing you should have researched the car before you bought it

search for "lemon Law" lawyers in your state.start with the BBB lemon law service.

google usually brings them up..

and if it is indeed lemon law i know in CA the dealer has to end up paying any and all fee's..when its proved.

How many times do any person have to have repairs done to a car or truck before the lemon law takes affect?

i've taken my gmc truck back to dealer for brake problems four or five times since i purchased it three months ago. i heard that after so many the lemon law takes affect. once it does the manufacture will replace the vehicle for a new one. could you please find the correct information.


Find it yourself on Google.com.

Depends where you live. In California it is, if you have had the vehicle in the shop 4 times in one year or within 18,000 miles for the same thing.

It has to be the same part breaking, 3 times with in a year in most states

Lemon Law for autos and cash settlements?

I got a lemon law attorney for my car. The attorney said that it looks like I will receive a cash settlement with the problems I have had with the car. What does that mean. And is this good? Has anyone ever been through a cash settlement with a car manufacturer. All I want to to get another car. Not the here's $500 for your troubles. Any advice will be greatly appreciated.


This is how the lemon law works for settlements, the court does not decide what you will get. Your attorney usually will go to arbitration and they decide what the settlement is. You have the right to accept or decline any offer. My daughter went to arbitration using the lemon law and when it was all said and done she was offered 5,000 in cash which the attorney's fees comes out of. This was for a 21,000 vehicle. The one rule in any lemon law is the records, there has to be accurate records for every problem. Now the wording is the most important. According to most lemon laws: the law says it must be a repair that the selling dealer has tried to fix 3 times( the same item) not 3 different items. So if you had 3 different problems, it would have to be tried to repair without success a total of 3 times each, that's 9 times. So the lemon law isn't what most people think it is or how it actually works. For the most part the attornies are usually the ones who make out. Because you can always appeal any decision but you will get charged by the attorney to do that. I'm a car dealer and I know how the law works, trust me dealers can always manipulate records to show it was something else other than what it was so the 3 rule repair won't apply.

I'm sure Lemon Laws are different from state to state but this link could help you.

http://www.kahnandassociates.com/michigan_lemon_law_faqs.php#what_is_law

Can I return a used car under the lemon law?

96 Pontiac Grand AM has been a lemon since bought it 7 months ago. Came with a 30 day warranty. Marked "as is" on paperwork. Don't think lemon law applies to used cars, especially after this amount of time. Tired of fixing it. List of things went wrong with it too long to list. Oh, I live in CT, since I know that law varies state to state. Thanks.


There are NO RETURNS! There is no federal law requiring a car dealer or a person selling a car to take a car back. The only exceptions are certain transactions in California that are covered by the California Car Buyers Bill of Rights or where the dealer voluntarily offers to take a car back. Dealers may describe the right to cancel as a "cooling-off" period, a money-back guarantee or a "no questions asked" return policy. Before you purchase from a dealer, ask about the dealer's return policy, get it in writing in the contract and read it carefully.

http://www.squidoo.com/car-return

http://dmv.ca.gov/pubs/billrights_top.htm

When you buy "as is" and agree to it, it frees the seller of any further obligation..............most don't even give a 30 day warranty....if you wanted to change your mind, it should have been done in the 30 day frame, in the meanwhile and 7 months later, not a lot you can do,

What Lemon law?

That only covers factory defects.

The law is the same (as in NO law) for each state.

Like a previous poster said, make lemonade from lemons, though technically, this car isn't a lemon.

Your 96 Grand Am isn't a lemon - it's a 13 year old used car.

Lemon laws protect the buyers of NEW cars from serious, recurring defects in workmanship. Used cars have no protection such as this.

Break out your wrenches and start fixing it. 13 year old cars have problems, and there are no takebacks in life. Good luck.

You have to figure that it is a 13 year old car that was sold AS-IS. There is no lemon law there.

You are stuck. Make lemon ade.

No.

Can anyone give me some advice on attorney fees with the lemon law and a reasonable settlement amount?

I got some answers on how to declare my car a lemon on here not too long and have contacted an attorney. Well, the car is definitely eligible for the lemon law and the attorney feels like we could win this case.

Thing is, the attorney's office wants 1/3 of the compensation plus costs. The loan amount is for $22,000 so we'd have to settle for around $35,000 in order to get the full refund of the car and pay the attorney fees. Is this a reasonable settlement amount? I don't think the company would agree to that big of an amount for a 2006. But the car is still under manufacturer's warranty with an extended warranty and has also had Ziebart added.

We're really at a loss. If we were to do it on our own, do you think we could still be successful? And how would we do that?

Any advice would be great!


i own a shop and i helped a friend with this problem once,you,ll probably loose money on it but hopefully not,if you hire an attorney though it will cost more and they wont go the amount that it will take to settle this,so you need to try and keep an attorney out of it as long as possible if you can,you should be able to handle this without getting an attorney,if you win this one it could pay for the cost of an attorney,but i wouldn't bet on it,the best most people usually come out with in this is to break even,but some have done better than that ,go to an attorney that wont charge for the first free consultation,and see what he says about it,good luck i hope this one works out.

Why don't you go to your State's Attorney General?

contact the attorney general of your state.but you should be able to do better than that. also contact national transportion board.,tell the dealer what you are going to do I know of three people that they trade them a new car ( in your case a 2007)with no extra cost. in your case with wheels falling off is a real safty problem.

วันเสาร์ที่ 18 เมษายน พ.ศ. 2552

What do you know about the lemon law?

I recently went to North Carolina and purchased a used car for my neice. I had a mechanic go over the car. There were no problems. Now it is a week later and the car is skipping. I called the dealership and told him that either he fix it, replace it, or give my money back. I told him that it had not been 30 days yet. He says that it does not matter because in NC that the lemon law only applies to new cars.Is this true?


Yes. Check your records. Did the dealer give you a warranty or sell it "as is?"

I bought a used vehicle and had a mechanic go over it beforehand. I paid $6,000 for it, and in less than five years spent $8,000 keeping it on the road. When you buy used, you take a chance.

I do not believe so, if the car is under manufacturer warranty. I live in California though. Here my mothers car had a problem three times, then they took it back. The same problem though. Call your local law offices.

i'd suggest that you should get a lawyer

Lemon Law as commonly known is for new cars, how ever

some states do have lemon laws for used cars but they are far less helpfull than the lemon law for new cars.

These vary from state to state and unlike the new car lemon law is totally controlled by the state and not a federal requirement.

A few examples are at the links below.

I couldn't find any information that North Carolina does or does not have one.

I suggest you contact the Attorney Generals Office for your state and ask them about your partiuclar situation.

Jerry

http://www.usedcarwise.com

Sorry, but you're outta luck. He is right. Go there and punch him in the face for ripping you off. He knew it was a lemon. And I think it's illegal to sell a used car that has been legally deemed a lemon. So see a lawyer. Good luck. That really sucks.

http://www.123car.com/lemon/bystate/nc_lemonlaw3.html

What do you mean by the car is skipping? I may be able to help you with that.

I think it is, you can't buy lemons after 8:00 on the weekend.

I don't know. I am only aware of one lemon law. "If life hands you lemons make lemonade" Stephen King.

Yes, lemon laws in all states vary but none apply to used cars. Used cars are typically sold "as-is", meaning when your buy it, it's yours, even if it falls apart as you drive away from the dealer. Your only chance at resolution is with the dealer. You may need to get the advice and help of a lawyer.

What is the lemon law in California? What does it cover and for how long?

How does the lemon law work in protecting buyers in purchasing vehicles?


A purchaser or lessee of a motor vehicle has various rights under both state and federal law if the vehicle does not perform as provided under an express warranty. Warranty law can be complex, and it is impossible to describe comprehensively all of the law in a brief space. The following comments briefly explain the Song-Beverly Consumer Warranty Act and what is popularly known as the "Lemon Law."

This message is not a substitute for your contacting your own lawyer who can best advise you of your rights under the particular circumstances of your case. The Attorney General's office cannot advise you of your legal rights and cannot represent you in a warranty dispute.

1.

Coverage For New Motor Vehicles.

1.

OVERVIEW OF SONG-BEVERLY WARRANTY RIGHTS

The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer. The lessee or buyer is completely free to choose whether to accept a replacement or a refund. Whatever the choice, the manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

The lessee or buyer may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded. The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a fraction having as its denominator 120,000 and as its numerator the number of miles traveled by the vehicle before it was first brought in for correction of the problem. For example, if the car had traveled 6,000 miles before it was first brought in for correction of the problem, the lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage.

The law applies for the entire period of your warranty. For example, if your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so.

Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered. Be sure you follow the terms of the warranty for maintenance and proper use of the vehicle.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to try to resolve the problem fairly and quickly without legal action if possible.

2.

THE "LEMON LAW" AND WHAT IS A REASONABLE NUMBER OF REPAIR ATTEMPTS

What is considered a reasonable number of repair attempts will depend on the circumstances including the seriousness of the defect. For example, one or two repair attempts may be considered reasonable for serious safety defects such as brake failure, depending on the exact situation.

A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.

The "Lemon Law" presumption is a guide, not an absolute rule. A judge or arbitrator can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met. The manufacturer, however, has the right to try to prove that it should have the chance to attempt additional repairs, and the consumer has the right to show that fewer repair attempts are reasonable under the circumstances.

Be sure to check your warranty and owner's manual for instructions. You may be required to directly notify the manufacturer of the problem(s). It is a good idea to send your written notice to the manufacturer at the address shown in the warranty or owner's manual by certified mail, return receipt requested so that you have proof that your letter was received. Keep a copy of all correspondence.

If the manufacturer maintains a state-certified arbitration program, the consumer must submit the warranty dispute to the arbitration program before the consumer can take advantage of the presumption in court. Arbitration is an alternative to court proceedings. The consumer may assert the presumption during arbitration. Information about any arbitration should be described in the warranty or owner's manual.

Not every manufacturer maintains a state certified program. You should check with the Department of Consumer Affairs' Arbitration Certification Program at (800) 952-5210 or on the Internet at www.dca.ca.gov/acp/. You can also ask for the department's free pamphlet that explains more about arbitration, "Lemon Aid for Consumers."

3.

WHO IS COVERED

The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.

4.

WHAT IS A NEW MOTOR VEHICLE

The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.

2.

Coverage For Vehicles That Are Not "New"

Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.

A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply.

http://ag.ca.gov/consumers/general/lemon.php

Applies only to NEW vehicles. Must have been attempted to be repaired for the same problem 3 or more times in the first 12 months or 12000 miles of ownership. And problem can not be fixed. Or if you vehicle has been in repair for more than 30 days in the first 12 months or 12000 miles. What's the problem?

Does the lemon law apply to only new cars or both new and used?

Give me some details on the lemon law, pls.


Here is the Tennessee Lemon Law

If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer during the term of protection, the manufacturer, its agent or its authorized dealer shall correct the nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that such repairs are made after the expiration of such term. Any corrections or attempted corrections undertaken by an authorized dealer under the provisions of this section shall be treated as warranty work and billed by the dealer to the manufacturer in the same manner as other work under warranty is billed.

http://autopedia.com/html/LemonLaw/TN_lemonlaw2.html

WHAT IS A LEMON? - A "Lemon" is a motor vehicle sold or leased after January 1, 1987, that has a defect or condition that substantially impairs the motor vehicle; and the manufacturer, its agent, or authorized dealer cannot repair the vehicle after three attempts or the vehicle is out of service for repairs for a cumulative total of 30 or more days during the term of protection. This Law is only applicable if the vehicle was bought new. Under the statute, the manufacturer must replace the motor vehicle or refund the purchase price (less a reasonable allowance for use).

http://www.state.tn.us/consumer/lemon.html

Generally no, the state lemon laws for the most part are based on the federal lemon law.

Here is the definition: The federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty.

So, unless you have a vehicle that is 1. under the original factory warranty, and 2. there have been multiple repair attempts under the warranty, you don't have a lemon. That would exclude most, if not all, used cards.

It varies somewhat by state, but new cars under 2 years old/24,000 miles (in AZ). There are very specific criteria that must be met in order for a car to be declared a lemon and seek relief under the law.

You need to understand that lemon laws were enacted to protect people who buy a new car that may have serious, recurring defects from the factory. It is not intended to cover every possible problem that can occur with a car.

Only new cars, in most states.

http://www.lemonlawamerica.com/

Also, understand this: MOST used cars, are sold As-is.

As it implies, you buy the vehicle as it is.

Which means, you have looked at the vehicle and accepted it's condition. Given this, it is impossible for it to be a lemon; because you looked at the car before you bought it.

Just simple logic. A lot of people refuse to inspect a car before purchase, then complain when it goes bad....but if they had taken the time to look, they would have seen that.

Primarily, this protects the sellers from stupid buyers, lol.

In my state, it's just new vehicles - however, it may vary in other states.

Again, in my state, if you feel that you have bought a lemon, you must submit a form to the attorney general who will forward it to a review board for determination.

How does California Lemon Law apply to interstate purchases?

Let's say you want to buy a used or certified pre-owned car through eBay Motors. You the buyer are a California resident, but the seller is in, let's say Arizona. Which state's lemon laws apply to the purchase? Is the buyer protected under California's lemon laws, or does the state of the seller determine lemon law jurisdiction?


It doesn't.

Both states have lemon laws, although I don't know which state's laws would be used.

Lemon law???

what is the lemon law? when is your car consider a lemon?


The Lemon Law deals with new cars that have been built with manufacturer's defects. It is very complicated to have a vehicle qualify for the manufacturer to buy it back. It general it deals with how many days it is out of service because of defects being repaired. If you just purchased a new car, there is probably a Lemon Law book in the glove box. If you have a used car, look in the glove box and the original owner probably left the Lemon Law booklet in there.

Technically DC is correct. Each state varies and it is not always "new" cars that are covered as specified above. http://answers.yahoo.com/question/accuse_write?qid=20070607194039AAC8la7&kid=GL0nXXu.CDS7maKNt3CW&s=comm&date=2008-01-05+18%3A28%3A37&.crumb=

hi http://answers.yahoo.com/question/accuse_write?qid=20070607194039AAC8la7&kid=Hs1wG2z7FklXTQUpWnSR&s=comm&date=2008-07-31+05%3A40%3A59&.crumb=

A vehicle that continues to have a defect that substantially impairs its use, value, or safety. Generally, if the car has been repaired 4 or more times for the same Defect within the Warranty Period and the Defect has not been fixed, the car qualifies as a Lemon. All States differ so you should consult the Lemon Law Summary and the State Statutes for your particular State. Note that the warranty period may or may not coincide with the Manufacturer's Warrant.

Use this link to go to the Lemon Law information. Then click on your state for local information.

http://www.dmv.org/automotive-law/lemon-law.php

วันศุกร์ที่ 17 เมษายน พ.ศ. 2552

Car repo credit report question?

Ok I have a car that missed the lemon law by about 3 months it went deliquent in 2002 but I actually called and told them to repo it in 2003 my question is when would the 7 yrs be up 2009 or 2010? what counts deliq or repo or ca ? It now rest w/ northland group


The 7-years reporting limit starts180-days from when the account first goes delinquent. So if it went delinquent in 2002 and you never paid any other money on the account, that will be your start point.

The statute of limitations is something else all together, that varies by State so I posted a link where you can look your State and check.

If the lender has not come after you by now, consider yourself extremely lucky. Most sue and get judgments and at that point they can attach bank accounts, garnish wages (if your State allows it) and file liens on any other property you may own like cars, boats, land and homes.

Selling a car?

if i am selling a car privately "AS IS" can someone buy it and then try to sue me or something because something was wrong with it? im not trying to sell someone a piece of crap and lie about it cause i make it clear that it for sale as is and tell them what is i know that is wrong with it. how do i make it legal that i am selling the car as is? is there a website you know of that has information on this klind of thing? does the lemon law apply to this? anything else you know about selling a car in CA? thank you.


When you sell any used car it is sold "as is". You are not a dealership that must warrantee for 90 days. The lemon law is only for new cars...has nothing to do with private buyer/seller. When buying from a private person the rule is caveat emptor.....let the buyer beware. You are totally 100% not liable for what happens after you get paid, sign the title over and the person takes possesion of the vehicle.....think about it.....what if they mistreat the vehicle in the first 2 weeks....would it be fair if they could be the shiit out of your car and then return it.....the answer is no....go ahead and sell without fear.

PS: As a private individual you are allowed to sell 5 cars per year...after that you'de have to get a wholesalers permit.

WRITE A CONTRACT FOR THE BUYER TO SING ACCEPTING THE AS IS PURCHASE FREE OF ANY LATENT DEFECTS

Ca Lemon Law?

Ive read that people file there own lemon law cases is there somewhere where i can get this information like the process and all the info i need to do this correctly ( i dont want to hire an attorney)


good luck with that

HOA questions own a townhome in LA county,

i planted sm lemon tree outside my patio - board says to remove do i have to? its right outside my patio, and its under 3 ft in height? are there any CA laws to help me. HELP please they gave notice today 8-8-08 that they will remove on monday, if I dont


You have to remove it. You live in a townhome and probably violated the "visual appeal regulation" terms of your HOA. I live in a condo and they told my neighbor to take down a small flag she had in the yard because it violated the HOA rules. She was just sued by the HOA because she refused to take down the flag.

Sorry, but you don't have a chance to win this. Look over your covenants, and I hope you can prove me wrong. The HOA is the authority and it's futile to fight it. Good luck. Maybe you can move it inside in a great big pot just inside the patio door. Good luck.

Cons of buying a dog out of the newspaper or from kijiji type sites etc?

My 21yr old sister just moved out on her own and wants a puppy. She has been to the pounds and to rescues but the rescues denied her because she lives in an apt. and she can't find a dog that is a good fit for her in the shelters.

She lives in San Diego, ca I know california has puppy lemon laws but they are only for breeders or someone who sells more then 2 litters a year, so what happens if she buys a puppy from someone who just had puppies available and it gets sick? Does she have any rights? Could she get her money back? Do they have to require any health guarantee?

I have warned her not to buy a puppy from anyone unless they are reputable but she is young and thinks I just want to "ruin her plans" ughh. Maybe if she sees it from other people who have personal experiences it would give her some better insight. Thanks


Responsible breeders:

DO advertise on a site such as Kijiji. We use many sources & interview and turn down up to 25+ people for one puppy, are very selective and want only excellent homes. We do not have a waiting list for all puppies often times.

If a breeder is only interested in money, RUN.

If they want to sell a puppy under 9-12 wks. old, RUN.

You can ask for a health certificate provided at the time of sale, which is a statement from the breeders vet that the puppy is healthy and what immunizations it has had.

You can ask for a health warranty, and read it carefully. Most have requirements you must follow or it is not valid.

If they ask questions as to how much time you have with a puppy, have you owned a dog before, what happened to it, do you have small chidren, do you have other pets, etc. They want their puppy in a home that is good for the puppy's well-being. Responsible breeders do care.

Ask for references for puppy clients over one year of ownership.. Any good breeder has a stack of people that are willing to give a reference. A good breeder will stay in touch and help you with any problems AFTER you get your puppy.

I no longer allow our vet to give our name out. There's only 3 out of 40 breeders that he will refer, and we are one, but I get so many breeders calling, or people who have too many animals, small children, etc.

If there's breeding dogs running all over the house, be assured that inbreeding happens there. These are "kitchen breeders". The only way to prevent that is to have kennels and they are kept separate. Sanitation is not very high in this environment with dogs running all over the house, male studs weeing on the furniture.

Breeding dogs in a fence in the backyard without housing or good shelter that is heated, this is a "backyard breeder"--leave! LOTS of dogs, inadequate housing, small spaces, improperly cared for, THIS is a puppy mill. LEAVE and report it to the authorities.

I have placed many beautiful, healthy yorkie or maltese puppies on Kijiji, with lovely people that are wonderful homes for them.

DO NOT BUY A DOG FROM KIJIJI!!

My sisters friend just bought a Chihauhua from that site, and it died 2 days later from a disease that the seller new it had, but never told anyone and sold it anyway.

My advice is to go to your local vet and ask for a list of good breeders. They should help you.

Why would you even want to buy from one of these sites?

Good breeders RARELY use sites like these. Why? Because they have a waiting list for their dogs.

If the rescue groups have denied her a dog, then she should not have one. No responsible breeder would sell to a person who can't get rescue clearance. In fact, a responsible breeder scrutinizes their potential buyers even more.

She can go ahead and get a dog from one of these sites, if she wants to be a spoiled piece of trash. And, if she likes personally contributing to the deaths of 2 million dogs a year in shelters. And if she likes supporting puppy mills.

And, she should go ahead if she has $10000 to spend at the drop of a hat. Badly bred dogs = HUGE vet bills.

I'm fostering a small dog right now and she's going to end up with about $750 in vet bills in the span of two weeks. "Wow, she must be sick or hurt," is what you are thinking, right? Nope. She's just badly bred and wasn't cared for properly.

http://www.stoppuppymills.com

http://www.pbrc.net/breeding2.html

Generally, those puppy lemon laws are poorly written. Even if they do apply, the CA state law says that your sister could get

A. Her money back and reimbursement for her vet fees up to the purchase price of the dog

B. A new puppy

C. Money for vet bils up to 150% of the purchase price of the dog

And this only applies to pre-existing illnesses diagnosed within 15 days of getting the puppy, or congential defects 1 year after purchase. But the problem is that many congential defects can't even be certified until 2 years old. And many don't show up until later in life (alopecia, epilepsy, heart problems, PRA).

Never rely on the law to protect you. Rely on common sense and education.

http://www.dogplay.com/Breeding/lemonlaw.html

Added: "The rescue she went through said they don't place any dogs in homes without yards. I don't feel it makes you a bad home if you live in apt as long as your dog is excersied and well taken care of. My sister is a good girl just a little Naive, she is not a bad or stupid person just inexperiences"

Look at what you've said. Your sister is 21 years old, naive, and inexperienced. That's not a great dog owner. These are the types who get dogs and then dump them when they no longer have time, get a new boyfriend, or find that the dog didn't stay 3 lbs like the BYB promised. This is likely the reason that she's not having any luck with rescues - and it won't be much different for responsible breeders.

No she doesn't have any rights if there is no contract between them and they don't fall under jurisdiction of the Cal. puppy lemon law.

She could TRY and get her money back but odds are she won't. They will give her soo much hell that she'll possibly end up giving in and stop fighting. Is she wants a healthy dog and not have to worry about anything, but IF something dos come up and her rights are protected then a breeder is the way to do. That or try different shelters. Also does her lease say she can have dogs in the first place?

Yes a breeder is expensive but as the saying goes you get what you pay for.

Cons of buying from a Kijiji type shot is the fact that most of them (if not all) are from backyard breeders and puppymills; I have never heard of a responsible breeder advertising their litters on Kijiji. Thus, huge heartache. It'd be best to keep checking other shelters (they all have their own adoption policies), or to look up the breed club of a breed she is interested in and finding a responsible breeder who tests their animals for genetic issues.

This is really touchy subject. There are a LOT of bybs on kijiji, and in newpapers. There are also a few reputable breeders that feel that the "public" needs to be able to find wellbred PUREBRED, dogs somewhere! I know it is best to have all your pups placed before they are born. Realistically, stuff happens, and breeders sometimes have older pups or young adults that need forever homes too. If you wre to approach your sister more gently and "guide" her through the pitfalls of picking out a puppy she might be more receptive!

Encourage her to take her time, find a "breeder' that gives 2 year or longer health guarantees, has a first right of take back/Spay neuter contract, and asks more questions of her than she can think of to ask. Encourage her to google The Parent Breed Club of breeds she's interested in.

Try say, "whateverbreed club of america".

She might also look in breed rescues for very small dogs too.

Help her out, be realistic, and expect to look for a while and what happens will be a result of the best you could do.