Science Horizons

If you are experiencing repeated problems with your car after it has been brought in the shop and you purchased or leased this from a licensed Texas dealer or lease company, the Texas Lemon Law may be able to help you get a refund or have it replaced.

The Texas lemon law was first enacted in 1983. It is administered by the Texas Department of Transportation’s Motor Vehicle Division and the Motor Vehicle Board.

Vehicles that are covered by the Texas lemon law include cars, trucks, motorcycles, motor homes and ATV’s. It also covers new and demonstrator vehicles that develop problems covered by a manufacturer’s written warranty. If you happen to own a towable recreational vehicle, it must first be titled and registered in Texas to be eligible.

Your used vehicle may also be covered under the Lemon Law if it is still within the manufacturer’s original warranty and not an extended service contract or if the problem started while it was still under warranty and it continues to exist.

To know if the Texas lemon law is applicable, your vehicle must meet certain conditions. The vehicle must have a serious defect, the defect is covered by the manufacturer’s warranty, the defect is reported to the dealer during the warranty term, you must give the manufacturer a letter stating the problem and ample time to repair the problem and the problem still persists after everything was done.

There is nothing in the lemon law that states the number of times that the customer has to wait before filing a complaint. For many, four times seems to be the norm. This may happen two times to repair the same problem of defect within the first 12 months or 12,000 miles whichever comes first or twice more during the 12 months or 12,000 miles after the second repair was done without any improvement.

Some will tell you to undergo the serious safety hazard test where the vehicle in question was once brought into the shop during the first 12 months or 12,000 miles whichever comes first and once during the 12 months or 12,000 miles after the first repair attempt.

The Texas lemon law will normally apply if the vehicle has been out of service for a total of 30 days or more during the first 24 months or 24,000 miles and there were at least two repair attempts during the first 12 months or 12,000 miles after this was delivered to you with no changes in the vehicle’s condition.

If you happen to experience one of these three scenarios, you must file your Lemon law complaint as soon as possible so the Motor Vehicle Board will be able to help you.

A hearing will be conducted and before going in, be sure to prepare all the necessary documents so you can prove your case in front of the Administrative law judge. You should present your own testimony since you are the owner of the vehicle; and you will also need the testimony of witnesses, receipts, letters and other documents which are needed.

A decision with regards to your case will be made within 150 days after receiving the complaint and paying for the filing fee. If no decision is made during that period, you can make your argument in court as though the Lemon law process were complete.

Steven Q James Cars and Trucks a, automobile, automobile problems, automobile;truck, Cars and Trucks, e, lemon law, t, texas lemon law, V, vehicles

As automobiles are becoming ubiquitous and indispensable today, people are hitting the road with greater ease and convenience by the use of their own cars. The car industry continues to sell in spite of the scary oil price hike, a sign that many prefer cars over mass transportation system. People are also choosing to buy less expensive second hand automobiles, opting to make a good deal with this cheaper variety.

But what if the vehicle you have bought came from a shady deal? How can you protect yourself from irreparable defects of a car that you purchased? This is where used car lemon law comes in.

Lemon law for used cars is a protective shield that people can use in order to avoid unfair purchases and report crooks in car dealership industry. Remember that a defective car is not only a danger to itself, it is a ticking time bomb for people using it. We must stress the importance of knowing how we can protect ourselves from lopsided car deals and how the law can facilitate this for us. Below are the things that we need to remember about lemon law for used cars.

One, just because it is a second hand car does not mean you have given up all the rights to demand quality vehicles. A low cost deal does not mean we should jump into a bogus deal. It is the right of everyone to buy a product that can deliver its utility the easiest, safest, and most useful way; and this applies primarily on automobiles.

The reason why we might be buying used cars is that we want to save on money, or that we want to have a car on, but have limited funds. This should not stop us from demanding honesty on the transaction of the deal, and the quality of the car that we are buying.

So what right do we have under the lemon law? We should bear in mind that states have different versions, but all of them have a universal tenet that all used cars within the warranty period can still be eligible for the law’s protection. If you will ever encounter problems or defects in the car that you purchase, defects that trouble you a lot and have cost you money for repairs, defects that you are not aware of at the time the transaction was materialized, then you can submit a claim for reimbursement and refunds.

Two, the vehicle must not be primarily used for commercial use. If it does, the lemon law cannot be applied. A lot of us may wonder why, but people in the know say that commercial vehicles can earn money for repairs. Moreover, the vehicle in this case will be worn out by frequent business trips.

For those vehicles used for personal or family use, the owners usually are not earning money when using the car. In fact because of the rising fuel prices, owners might be forced to economize its use to save on gas. Therefore, the brunt for repairs is more burdensome, troublesome, and risky for this situation.

The used car lemon law provides ordinary people a chance to assert their right against unscrupulous car dealers. When used with prudence, discernment and a sense of justice, we can put integrity back to business.

Steven Q James Cars and Trucks a, automobile, automobile problems, automobile;truck, Cars and Trucks, e, l, lemon law, lemon law for used cars, V, vehicles

The lemon law in New York provides a remedy for customers that have had problems with their vehicles despite the number of times that these have been brought in for repairs. The manufacturer is also held liable if the car sold does not conform to the terms of the written warranty.

In New York, this covers new and used cars including “demos” under 4 conditions.

1. First, the car was covered by the manufacturer’s new warranty at the time it was delivered to the owner.

2. The car was purchased, leased or transferred within the first 18,000 miles or two years from the original date of delivery.

3. The car should be purchased, leased or transferred in New York and presently registered there.

4. The vehicle is primarily used for personal purposes. The definition of personal includes using the car to do household errands, drive to and from work. You can however use this for business and still be covered under the lemon law as long as personal use is predominant.

Just like the state of California, New York allows motor homes to be covered under this law except for the appliances, fixtures, systems and other parts that are residential in nature. Motor vehicles and off road vehicles are not covered. Leased cars are covered only if the lessee is responsible for the repairs.

If you suspect that your car is a lemon, you must immediately report this matter to the manufacturer or authorized dealer. Under the law, the notice given to the dealer is considered a notice to the manufacturer.

During this time, the dealer has to conduct the necessary repairs. If they refuse to do so, another letter must be written and this time addressed to the manufacturer which must be completed within the next 20 days. If the problem is not repaired after reasonable attempts, the manufacturer or dealer has no choice but to refund the full purchase or offer a comparable replacement unit. The decision is up to the customer.

If you are getting a refund, this includes the price of the car, title and registration fees as well as any other governmental charges. There may be some deductions if the car has traveled more than 12,000 miles but less than that, there are none. Should the lemon car be leased, the refund is divided between you and the leasing company.

Those of you who choose to get a comparable replacement car should know that what you get in exchange for the lemon car is usually the same model and year as well as approximately the same mileage as the one being replaced.

But before a refund or a replacement car is given, you have the choice of participating in an arbitration program or suing the manufacturer and taking this matter to court. If the manufacturer has an arbitration procedure, you have to participate in this first. This consists of a hearing and a decision will be made after 10 days.

If you go to court, this will take some time but should you end up in winning, you can recover the amount you spend on attorney fees.

The lemon law of New York does not have a specific number of repair attempts but four instances within the span of two years is the ideal number. If this happens, you should just document it by keeping a copy of the work orders, repair bills and correspondence.

Steven Q James Cars and Trucks a, automobile, automobile problems, automobile;truck, Cars and Trucks, e, lemon law, n, new york lemon law, V, vehicles