Sunday, June 19, 2011

Washington Lemon Law

Alex Simanovsky & Associates:
Washington Lemon Law Attorneys

Washington Lemon Law and Federal warranty law protect consumers from being stuck with "Lemon" automobiles, computer lemons and other defective consumer products. Get a Free Washington Lemon Case Evaluation and Free Consultation from experienced consumer protection attorneys. If your car or computer is a Lemon, you may be entitled to your money back, a replacement or a cash settlement. So you have nothing to lose, except that Lemon!

Alex Simanovsky & Associates, LLC have successfully represented thousands of consumers. We have successfully obtained full refunds, vehicle and cash settlements for our clients without ever charging attorneys fees to the consumer!*
Please fill out our Free Lemon Law Case Evaluation form. One of our lemon law attorneys will review your intake quickly and respond by e-mail or phone. If you do not have all your information available, please enter your contact information and an Alex Simanovsky & Associates staff member will contact you. Remember that we never charge any attorney's fees for our Lemon Law representation. You have nothing to lose, except that Lemon!

New York Lemon Law

Alex Simanovsky & Associates:
New York Lemon Law Attorneys

New York Lemon Law and Federal warranty law protect consumers from being stuck with "Lemon" automobiles, computer lemons and other defective consumer products. Get a Free New York Lemon Case Evaluation and Free Consultation from experienced consumer protection attorneys. If your car or computer is a Lemon, you may be entitled to your money back, a replacement or a cash settlement. So you have nothing to lose, except that Lemon!

Alex Simanovsky & Associates, LLC have successfully represented thousands of consumers. We have successfully obtained full refunds, vehicle and cash settlements for our clients without ever charging attorneys fees to the consumer!*
Please fill out our Free Lemon Law Case Evaluation form. One of our lemon law attorneys will review your intake quickly and respond by e-mail or phone. If you do not have all your information available, please enter your contact information and an Alex Simanovsky & Associates staff member will contact you. Remember that we never charge any attorney's fees for our Lemon Law representation. You have nothing to lose, except that Lemon!

Georgia Lemon Law

Alex Simanovsky & Associates:
Georgia Lemon Law Attorneys

Georgia Lemon Law and Federal warranty law protect consumers from being stuck with "Lemon" automobiles, computer lemons and other defective consumer products. Get a Free Georgia Lemon Case Evaluation and Free Consultation from experienced consumer protection attorneys. If your car or computer is a Lemon, you may be entitled to your money back, a replacement or a cash settlement. So you have nothing to lose, except that Lemon!

Alex Simanovsky & Associates, LLC have successfully represented thousands of consumers. We have successfully obtained full refunds, vehicle and cash settlements for our clients without ever charging attorneys fees to the consumer!*
Please fill out our Free Lemon Law Case Evaluation form. One of our lemon law attorneys will review your intake quickly and respond by e-mail or phone. If you do not have all your information available, please enter your contact information and an Alex Simanovsky & Associates staff member will contact you. Remember that we never charge any attorney's fees for our Lemon Law representation. You have nothing to lose, except that Lemon!

Florida Lemon Law

Alex Simanovsky & Associates:
Florida Lemon Law Attorneys

Florida Lemon Law and Federal warranty law protect consumers from being stuck with "Lemon" automobiles, computer lemons and other defective consumer products. Get a Free Florida Lemon Case Evaluation and Free Consultation from experienced consumer protection attorneys. If your car or computer is a Lemon, you may be entitled to your money back, a replacement or a cash settlement. So you have nothing to lose, except that Lemon!

Alex Simanovsky & Associates, LLC have successfully represented thousands of consumers. We have successfully obtained full refunds, vehicle and cash settlements for our clients without ever charging attorneys fees to the consumer!*
Please fill out our Free Lemon Law Case Evaluation form. One of our lemon law attorneys will review your intake quickly and respond by e-mail or phone. If you do not have all your information available, please enter your contact information and an Alex Simanovsky & Associates staff member will contact you. Remember that we never charge any attorney's fees for our Lemon Law representation. You have nothing to lose, except that Lemon!

Alaska Lemon Law

The Alaska Lemon Law:


AS 45.45.305. Replacement or Refund.

If during the term of the express warranty or within one year from the date of delivery of the motor vehicle to the original owner, whichever period terminates first, the manufacturer, distributor, dealer, or repairing agent is unable to conform the motor vehicle to an applicable express warranty after a reasonable number of attempts, the manufacturer or distributor shall accept the return of the nonconforming motor vehicle, and, at the owner's option, shall replace the nonconforming vehicle with a new, comparable vehicle or shall refund the full purchase price to the owner less a reasonable allowance for the use of the motor vehicle from the time it was delivered to the original owner. A refund under this section shall be made to a lienholder of record, if any, and the owner, as their interests may appear.


AS 45.45.310. Notice By Owner.

In order to claim a refund or replacement under AS 45.45.305, the owner shall give written notice by certified mail to the manufacturer and its dealer or repairing agent at any time before 60 days have elapsed after the expiration of the express warranty or the one-year period after the date of delivery of the motor vehicle to the original owner, whichever period terminates first, (1) stating that the vehicle has a nonconformity; (2) providing a reasonable description of the nonconformity; (3) stating that the manufacturer, distributor, dealer, or repairing agent has made a reasonable number of attempts to conform the vehicle; and (4) stating that the owner demands a refund or replacement vehicle to be delivered on the 60th day after the mailing of the written notice. Within 30 days after receiving the notice required by this section the manufacturer may make a final attempt to conform the vehicle before a refund or replacement is made under AS 45.45.305.


AS 45.45.315. Exceptions.

An owner may not receive a refund or replacement under AS 45.45.300 - 45.45.360 if the manufacturer or distributor shows that the nonconformity complained of
  • (1) does not substantially impair either the use or the market value of the motor vehicle; or
  • (2) is the result of alteration of the motor vehicle by the owner or a person other than a dealer or repairing agent that is not authorized by the manufacturer or distributor; or abuse or neglect by the owner or a person other than the dealer or repairing agent.


AS 45.45.320. Presumption.

A presumption that a reasonable number of attempts have been made to conform a motor vehicle under an applicable express warranty is established if:
  • (1) the same nonconformity has been subject to repair three or more times by the manufacturer, distributor, dealer, or repairing agent during the term of the express warranty or the one-year period after delivery of the motor vehicle to the original owner, whichever period terminates first, but the nonconformity continues to exist; or
  • (2) the vehicle is out of service for repair for a total of 30 or more business days during the express warranty term or the one-year period referred to in (1) of this section, whichever period terminates first; any period of time that repairs are not performed for reasons that are beyond the control of the manufacturer, distributor, dealer, or repairing agent is excluded from the 30-day time period referred to in this paragraph.


AS 45.45.325. Parts Availability.

A manufacturer whose vehicles are sold in the state through an authorized dealer shall provide its dealer or repairing agent with any part necessary to make a repair of a nonconformity covered under an express warranty, as soon as possible, without additional charge for freight or handling, if the part is not in the dealer's or agent's inventory when the nonconforming vehicle is brought to the dealer or repairing agent for repair.


AS 45.45.335. Resale Without Disclosure Prohibited.

A motor vehicle returned under AS 45.45.305 may not be resold by the manufacturer or distributor in the state unless full disclosure of the reason for the return is made to the prospective buyer before the resale is concluded.


AS 45.45.340. Other rights and remedies.

The provisions of AS 45.45.300 - 45.45.360 do not limit other rights and remedies that may be available to the owner of a motor vehicle under other provisions of law. This section does not create a new cause of action against a dealer or repairing agent who sells or attempts to repair a motor vehicle found to be nonconforming under AS 45.45.300 - 45.45.360.


AS 45.45.345. Repair Facilities.

A manufacturer or distributor or motor vehicles who authorizes the sale of the manufacturer's or distributor's motor vehicles in the state shall maintain authorized dealership facilities within the state that are able to perform the service and make the repairs required by the manufacturer's express warranty and by AS 45.45.300 - 45.45.360.


AS 45.45.350. Reimbursement of Shipping Costs.

A manufacturer or distributor who accepts the return of a nonconforming motor vehicle under AS 45.45.305 shall reimburse the owner for any reasonable cost incurred in shipping the vehicle to and from the nearest authorized facility for warranty service and repair of a nonconformity that causes the return of the vehicle.


AS 45.45.355. Arbitration or Mediation.

If a manufacturer or distributor has established an informal dispute settlement procedure that substantially complies with the requirements of 16 C.F.R. 703, as that section may be amended, or if the manufacturer or distributor, after receipt of notice required by AS 45.45.310, offers in writing to participate in an arbitration or mediation process with the owner and the arbitration or mediation decision is binding on the manufacturer or distributor but not on the owner, and if the informal dispute settlement or arbitration or mediation process is approved by the attorney general, the provisions of AS 45.45.305 concerning refund or replacement or AS 45.45.350 concerning shipping costs do not apply to an owner who has not first resorted to the informal dispute settlement procedure or arbitration or mediation process.


AS 45.45.360. Definitions.

Definitions in AS 45.45.300 - 45.45.360:
  • (1) "dealer" means a person who has obtained a franchise from, or is authorized by, a motor vehicle manufacturer to engage in the retail sale and warranty repair of the manufacturer's new motor vehicles in the state;
  • (2) "distributor" means a person who is authorized by a manufacturer to engage in the wholesale distribution of the manufacturer's new motor vehicles in the state;
  • (3) "express warranty" or "warranty" means an express written warranty provided by the manufacturer of a new motor vehicle;
  • (4) "full purchase price" means the total price paid for a motor vehicle by the original owner, including costs added to the retail price, such as original registration fees, transportation fees, dealer preparation, and dealer installed options;
  • (5) "manufacturer" means a person who by labor transforms raw materials and component parts into motor vehicles for wholesale or retail sale;
  • (6) "motor vehicle" or "vehicle" means a land vehicle having four or more wheels, that is self-propelled by a motor, is normally used for personal, family, or household purposes, and is required to be registered under AS 28.10; but does not include a tractor, farm vehicle, or a vehicle designed primarily for off-road use;
  • (7) "nonconformity" means a defect or condition in a motor vehicle caused by a manufacturer, distributor, dealer, or repairing agent that substantially impairs the use or market value of a vehicle;
  • (8) "owner" means a purchaser, other than for resale, of a new motor vehicle, and a person to whom ownership of the motor vehicle is transferred in conformity with AS 28;
  • (9) "reasonable allowance" means an amount attributable to an owner's use of a motor vehicle; a "reasonable allowance" may not exceed an amount equal to the depreciation in value of the vehicle for the period during which the vehicle is available for use by the owner, calculated by a straight line depreciation method over seven years, plus an amount equal to the depreciation in value of the vehicle that is caused by any neglect or abuse by the owner; or body damage not caused by a nonconformity;
  • (10) "repairing agent" means a person who has been specifically authorized by a motor vehicle manufacturer or distributor to perform warranty repairs in the state on one or more of the manufacturer's or distributor's motor vehicles;
  • (11) "substantially impairs the market value" means a nonconformity that substantially decreases the dollar value of a vehicle to the owner when compared to the dollar value of a similar vehicle that does not have the nonconformity;
  • (12) "substantially impairs the use" means a nonconformity that prevents a motor vehicle from being operated or makes the vehicle unsafe to operate.

California Lemon Law

The California Lemon Law:



1793.22.  (a) This section shall be known and may be cited as the Tanner Consumer Protection Act.
   (b) It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within one year from delivery to the buyer or 12,000 miles on the odometer of the vehicle, whichever occurs first, either (1) the same nonconformity 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 nonconformity or (2) the vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer.  The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents.  The buyer shall be required to directly notify the manufacturer pursuant to paragraph (1) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraph (1).  This presumption shall be a rebuttable presumption affecting the burden  of proof, and it may be asserted by he buyer in any civil action, including an action in small claims court, or other formal or informal proceeding.
   (c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d).  Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification.  If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer's rights under subdivision (d) of Section 1793.2.  The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation.  Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later.
   (d) A qualified third-party dispute resolution process shall be one that does all of the following:
   (1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987.
   (2) Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision.
   (3) Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions.
   (4) Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission's regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter.
   (5) Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2.
   (6) Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer.
   (7) Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances.  Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys' fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer.
   (8) Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also.  Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute.
   (9) Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code.
   (e) For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings:
   (1) "Nonconformity" means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.
   (2) "New motor vehicle" means a new motor vehicle which is used or bought for use primarily for personal, family, or household purposes.  "New motor vehicle" includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a "demonstrator" or other motor vehicle sold with a manufacturer's new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways.  A "demonstrator" is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type.
   (3) "Motor home" means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.
   (f) (1) Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity.
   (2) Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses. 

State's Lemon Law

Read Your State's Lemon Law

Alabama Lemon Law
Alaska Lemon Law
Arizona Lemon Law
Arkansas Lemon Law
California Lemon Law
Colorado Lemon Law
Delaware Lemon Law
Florida Lemon Law
Georgia Lemon Law
Hawaii Lemon Law
Idaho Lemon Law
Illinois Lemon Law
Indiana Lemon Law
Iowa Lemon Law
Kansas Lemon Law
Kentucky Lemon Law
Louisiana Lemon Law
Maine Lemon Law
Maryland Lemon Law
Massachusetts Lemon Law
Michigan Lemon Law
Minnesota Lemon Law
Mississippi Lemon Law
Missouri Lemon Law
Montana Lemon Law
Nebraska Lemon Law
Nevada Lemon Law
New Hampshire Lemon Law
New Jersey Lemon Law
New Mexico Lemon Law
New York Lemon Law
North Carolina Lemon Law
North Dakota Lemon Law
Ohio Lemon Law
Oklahoma Lemon Law
Oregon Lemon Law
Pennsylvania Lemon Law
Rhode Island Lemon Law
South Carolina Lemon Law
South Dakota Lemon Law
Tennessee Lemon Law
Texas Lemon Law
Utah Lemon Law
Vermont Lemon Law
Virginia Lemon Law
Washington Lemon Law
West Virginia Lemon Law
Wisconsin Lemon Law
Wyoming Lemon Law