Monday, December 27, 2010

Florida Debt Collection Laws require valid registration by debt collection companies

Under the Florida Fair Debt Collection Practices Act (FFDCPA) 559.553, consumer debt collection agencies must be registered.

Florida debt collection laws require debt collection agencies to be duly registered to engage in debt collection business in the state. These companies are requires to maintain a proper valid registration to do business in Florida. This statute came into existence from January 1, 1994 that demands each consumer collection agency in the debt collection business in Florida to renew registration annually (FFDCPA 559.555)

Registration by debt collection should be complete in all respects and applicable registration fee should be paid. The registrar's office may reject an application by a prospective registrant if the registrant or any principal of the registrant held a professional license or state registration and that was revoked or suspended and was not explained by the registrant. Not explaining the revocation or suspension to the satisfaction of the registration office or after a notice from the office attracts a rejection of the application. Such rejection is informed to the debt collection company.

This registration process is not applicable to any original creditor trying to collect debt or a member of the Florida Bar. This process is also not applicable to financial institutions authorized to do business in the state or their subsidiaries, real estate brokers, insurance companies authorized to do business in the state or any consumer finance company and wholly owned subsidiary thereof. This registration process also exempts out of state consumer debt accounts for collection from creditors with business presence in Florida and FDIC insured institutions.

Read Full article at : http://www.westopdebtcollectors.com/blog/post/Florida-Debt-Collection-Laws-require-valid-registration-by-debt-collection-companies.aspx

Student debts are on an increase in our country

Student debts are on a rise in our country per the National Center for Education Statistics (NCES) reports. According to these reports two thirds of students in America have debts with an average of $19,237 student loan debt after graduation. The median debt load is $17,120 with a quarter of undergraduates borrowing more than $25,000 and a tenth borrow more than $35,000.

These debt totals are much higher for students pursuing graduate degrees. Graduate students add tens of thousands of dollars on top of their original student debt. Depending on the degree, average debts range from $42,000 to $126,000. It makes one consider if it’s really worth going for that MBA.

College education in our country is expensive and every year students going to college get into loans for their tuition. Tuition every year is increasing at an alarming rate which is more than the rate of increase of cost of living.


Read full article at : http://yourcollectionrights.com/post/Student-debts-are-on-an-increase-in-our-country.aspx

Wednesday, November 24, 2010

Provisions of the FDCPA should be revised

The Fair Debt Collection Practices Act (FDCPA) has stringent provisions to punish the unfair practices of debt collectors. The FDCPA is a federal law that is enforced for the protection of consumer rights against unlawful debt collection practices. According to this Act, the creditor or the debt collection agency that bought your debt from the original creditor has the right to collect the debt legally from you. However, debt collectors must use fair debt collection procedures while attempting to collect from you.

Despite strict guidelines in the FDCPA to protect debtors against the unethical practices, the consumer lawsuits against debt collection process are increasing everyday in our country.

The reasons for this are many. Some of them are due to the FDCPA statute becoming outdated in today's society compared to the society of 1977 when this Act was enacted. The FDCPA was established much before the arrival of cell phones, e-mail and auto dialers. With these technological advancements one is unsure if the FDCPA can be validated with these in the backdrop. The FDCPA prohibits debt collectors from repeatedly contacting debtors for payments. Now e-mailing and auto dialing have added a new dimension to debt collection process.

If we examine carefully, there is another side to debt collection harassment. Creditors sell debts to debt collectors without giving the exact nature of the debt. This often leads to majority of debt collectors being ignorant about the legitimacy of the debt. The whole situation gets worsened by debt collectors attempting to collect debt which is not legally collectible.

While this is a cause of embarrassment for genuine debt collectors, this is like a passport to con collectors to indulge in harassing collection activities. Hence, an increase in debt collection harassment cases.

It has become imperative now to upgrade the FDCPA provisions to accommodate the present progress. The FDCPA must also look at enforcing stricter guidelines and penalties for law violations to ensure fair collection process.

On the other hand a consumer may lose a lawsuit and court may determine that the consumer filed the case in bad faith and for harassment, the court may then award attorney's fees to the debt collector.

Consumers should be aware of their rights under the state and federal law. At the same time they should understand if their case can take the legal standing. Their protection from unfair debt collection processes being the most important, consumers should not file frivolous lawsuits or sue in the hope of not paying for a legitimate debt and end in legal hot waters.

The shift in times definitely has necessitated a change in guidelines of the FDCPA. Going by the times, the Federal Trade Commission (FTC) which enforces the FDCPA should look at the prospect of adding new guidelines to the already existing ones in order to accommodate the latest in technology.

Friday, October 29, 2010

Toyota and Honda launch recalls for the same issue - over brake fluid leaks

Toyota launches another massive recall on Thursday over a safety issue of brake fluid leaks. This time Toyota is not alone. Honda keeps it company over the same issue. Toyota, the world's largest car manufacturer is going to recall 1.53 million 2005 to 2007 model year cars globally. Most of the models affected are in the United States and Japan. The recall affects 728,544 cars in the US alone and 599,000 in Japan are affected. According to Toyota Canada nearly 29,000 vehicles get affected in Canada by the voluntary recall. Thursday's recall affects the 2005-2006 Toyota Avalon, 2004-2006 Toyota Highlander and Lexus RX 330, and the 2006 Lexus GS300, IS 250 and IS350 about brake fluid and fuel pump problems. Honda plans today to officially file with regulators its recall of certain 2005-07 Honda Odyssey minivans and Acura RL sedans.

This recall is aimed at fixing an issue with a rubber seal that can degrade and cause brake fluid to leak. This leak can weaken the power of its brake. Toyota feels that a "possibility" of the brake fluid slowly leaking out of the brake cylinder in the vehicles. Drivers will get an early warning of the problem when the 'low brake fluid' warning light flashes. In its news release Toyota warns that a low fluid level could eventually lead to declining braking performance, Both Toyota and Honda said they have no reports of accidents, although Toyota said it found 14 instances in which the leak occurred. A Toyota spokesmen has admitted that their cars in Japan and elsewhere have an electrical problem with the fuel pump, which could stall the engine. So far this kind of problem has not been reported in the US.

Read Full : http://www.yourlemonlawrights.com/blog/post/2010/10/22/Toyota-and-Honda-launch-recalls-for-the-same-issue-over-brake-fluid-leaks.aspx

Is recession a reason to stop paying your bills?

Like it or not, if you have a credit card and have spent on it, you are a debtor. You have to repay what you have spent and not paying attracts debt collectors calling you. The recession in the recent years or the sky rocketing cost of living are not reasons for not repaying debts. Typically, debt problems have not fallen from the far and wide sky but are a making of your own bad spending habits, unemployment and credit card theft.

Whatever your reasons for ending up in credit card debt are, you are entitled to a fair collection of debt under the Fair Debt Collection Practices Act (FDCPA) enforced by the Federal Trade Commission (FTC). You may consider the following options to eliminate debt.

The first option to consider when you are unable to pay debts is to talk to your creditors directly. A direct conversation is always appreciated. Seek debt reduction rates and negotiate to as low a rate as possible that would lead to lowered outstanding balance to be paid over a period of time. During such negotiations you may get a chance to set your own debt reduction rates.

Read Full: http://www.westopdebtcollectors.com/blog/post/Is-recession-a-reason-to-stop-paying-your-bills.aspx

Business debts are not covered under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) has guidelines enforced by the Federal Trade Commission (FTC) to regulate and ensure fair debt collections. This act came into existence to address consumer complaints of overly aggressive and abusive behavior by debt collectors. Any personal or household debt that is not related to a personal or family owned business is covered under this act. This includes money owed for personal loans, auto loans, mortgages, credit cards and medical bills. Unfortunately,the FDCPA guidelines do not apply to your business debts. Understanding the FDCPA guidelines can shield you from many troubles and strengthen you with the information to report violations of the act.

Third party debt collection agencies and debt collectors employed by these agencies are guided by the FDCPA guidelines. There are some debt collectors, whose activities are not restricted by the FDCPA guidelines. The parties who are excluded from the Act are:

* In-house collection agents i.e. the creditors who collect their own debts
* Banks that collect their own debts
* Certain credit card companies

In all this a debt incurred for a business purpose and the debtor who incurred the debt for business purpose are not protected by the FDCPA.

Read full: http://www.yourcollectionrights.com/post/Business-debts-are-not-covered-under-the-FDCPA.aspx

Tuesday, September 14, 2010

Things You Should Know about Illinois LEMON Law

It may not always be a happy story when you purchase a new vehicle. Your brand new car may be spending more time at the dealership then in your possession. If your new vehicle is shuttling between the dealership and your home, it may be time to seek the protection afforded to you by the Illinois New Vehicle Buyers Protection Act which is more commonly referred to as the “Lemon Law.”

A vehicle is a lemon under the Illinois lemon law if:

* It has a nonconformity that substantially impairs its use, market value or safety; and
* The nonconformity is not repaired by the dealer/manufacturer after at least four (4) repair attempts within the first 12 months or 12,000 miles, whichever occurs first; or
* Your vehicle is at an authorized dealership for repairs for a total of thirty (30) or more business days within the first 12 months or 12,000 miles, whichever occurs first.

The Illinois lemon law protects:

* Newly purchased or leased automobiles;
* Light trucks and vans under 8,000 pounds;
* Recreational vehicles excluding its trailers; and
* Vehicles purchased only in Illinois.

The Illinois lemon law DOES NOT cover:

* Used Automobiles;
* Altered or modified vehicles; and
* Motorcycles and boats.

Compensation if you win your Illinois lemon law claim

* A replacement vehicle; or
* A refund of the purchase price of your vehicle.

Options other than the Illinois lemon law: There is in place federal legislation to deal with warranties for new and used consumer products should you fall outside the parameters of the Illinois Lemon Law. The Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301, et. seq. (“Magnuson-Moss”) is one such law that is widely utilized should you fall short of being protected by the Illinois Lemon Law. Before deciding on a particular course of action, you should definitely consult an attorney who is knowledgeable in the area of both the Lemon Law and Magnuson-Moss to discuss your best option and to determine what your actual rights are against the manufacturer of your vehicle.

Most importantly, document all the events relating to your vehicle. Make sure to receive and retain repair receipts each and every time you bring your vehicle to a dealership for repairs. These records are critical to your success.

Thursday, August 26, 2010

Avoid Debt Collector's Harassment

The Fair Debt Collection Practices Act (FDCPA) came into practice to regulate the methods used by debt collectors in collecting debt. According to the FDCPA, a debt collector is someone who collects debts on a regular basis. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy criminal debts and then try to collect them. A debt collector can call during day time on a number agreed by you, and only request for payment. He cannot demand or disturb you in any form. The FDCPA protects you from debt collector harassment.

Read full article here: http://www.yourcollectionrights.com/post/avoid-debt-collectors-harassment.aspx

Tuesday, August 17, 2010

Florida Appellate Court Reverses Seminole County Court’s Order Setting Aside a Jury’s Lemon Law Verdict in Favor of Purchaser of Defective Ford Mustan

Press Release

Seminole County, Florida
July 23, 2010

In a historic move, on July 23, 2010 the Fifth District Court of Appeal for the State of Florida reinstated a jury’s verdict in favor of a purchaser of a new 2006 Ford Mustang after the trial court had taken away the verdict following trial. The consumer, Nelson Medina, appealed from a final judgment setting aside his jury verdict pursuant to a claim brought against Ford Motor Company for a defective 2006 Ford Mustang. Medina brought suit under Florida’s Motor Vehicle Warranty Enforcement Act, popularly known as the Florida Lemon Law, and under the Federal Magnuson-Moss Warranty Act. The order setting aside the jury verdict was reversed and the case was remanded to the trial court to reinstate the jury’s verdict awarding Medina a full refund under the Florida Lemon Law. As a result, Medina will now also have the right to seek compensation for his attorneys pursuant to a provision of the Florida Lemon Law that allows a consumer who prevails in a Lemon Law action to recover for the fees incurred by the consumer’s lawyer.

Read more...

Monday, August 16, 2010

Florida Appellate Court Reverses Seminole County Court’s Order Setting Aside a Jury’s Lemon Law Verdict in Favor of Purchaser of Defective Ford

Press Release

Seminole County, Florida
July 23, 2010

In a historic move, on July 23, 2010 the Fifth District Court of Appeal for the State of Florida reinstated a jury’s verdict in favor of a purchaser of a new 2006 Ford Mustang after the trial court had taken away the verdict following trial. The consumer, Nelson Medina, appealed from a final judgment setting aside his jury verdict pursuant to a claim brought against Ford Motor Company for a defective 2006 Ford Mustang. Medina brought suit under Florida’s Motor Vehicle Warranty Enforcement Act, popularly known as the Florida Lemon Law, and under the Federal Magnuson-Moss Warranty Act. The order setting aside the jury verdict was reversed and the case was remanded to the trial court to reinstate the jury’s verdict awarding Medina a full refund under the Florida Lemon Law. As a result, Medina will now also have the right to seek compensation for his attorneys pursuant to a provision of the Florida Lemon Law that allows a consumer who prevails in a Lemon Law action to recover for the fees incurred by the consumer’s lawyer.


Read more...

Monday, August 9, 2010

I really appreciate all the work you have done

“Thanks, Mike. I really appreciate all the work..." Read More

Wednesday, July 21, 2010

Texas Lemon Law and its Limitations with Used and Pre-owned Cars

With an acute fluctuation in the economy, people are thinking twice before investing in new cars. New vehicles depreciate rapidly and it makes a lot of financial sense to buy a pre-owned car. By the time you buy a used vehicle in Texas, its price may have already stabilized to a plateau with only the slightest depreciation towards the next year. Since buying a vehicle is the second most expensive purchase one makes, researching is of the highest priority to avoid buying a used lemon car.

Read Full Teaxs Lemon Law Article: http://www.yourlemonlawrights.com/blog/post/2010/07/06/Texas-Lemon-Law-and-its-Limitations-with-Used-and-Pre-owned-Cars.aspx

Monday, July 5, 2010

Buying a used car - Buying Advice to avoid Lemon (Part 1)

How to choose a used car with good reliability history at good price

If you are planning to buy a certified pre-owned/used car from a dealer, a private sale or neighbor, it will do you a world of good to thoroughly read Consumer Reports for a safe used car buying experience.
Trouble-free used cars do NOT come just by a stroke of luck. It involves good research and a keen eye to spot potential problems. Choice of a right and reliable used car can save you angst about possible Lemon law issues sooner or later.

You can easily identify a good used car and eliminate potential lemons if you do not turn a Nelson’s eye for the following:

The reliability record

Reliability-history reduces the risk of purchasing a Lemon used car

• Select models with a good reliability record before you make a choice of the used car
• The annual subscriber survey for Consumer Reports (CR's) provides exclusive real-world reliability information
• This reliability information can help you narrow your selections
• Look into the best and the worst used cars for a quick reference
• Read the reliability-history charts that accompany most of CR's vehicle profiles
• The reliability-history charts give you a more detailed information on the key trouble areas in various used car models

Read Full Article: http://www.yourlemonlawrights.com/blog/post/2009/12/08/Buying-a-used-car-Buying-Advice-to-avoid-Lemon-%28Part-1%29.aspx

Texas Lemon Law

Wednesday, June 23, 2010

Vehicle Ownership - The City you live in can influence the Cost of Owning a Car

If you are planning to buy a vehicle, you may want to check into how much it could cost to own for five years. The best way to do that is to list the possible costs you will incur over five years for fuel, maintenance/repairs, taxes, fees, depreciation, interest and insurance. Even if you are offered a good deal on a new car, it's always a good idea to carefully consider all aspects of (Car Lemon Law) vehicle ownership before making a final decision.

Read Full Article Here: http://www.yourlemonlawrights.com/blog/post/2010/06/20/Vehicle-Ownership-The-City-you-live-in-can-influence-the-Cost-of-Owning-a-Car.aspx

Why people get into credit card debts

Why people get into credit card debts

You have a big company out here in the American society when it comes to debts. Rest assured there are millions like you immersed in debts. The good news is you also have many debt repayment techniques to free yourself of the debt. There are thousands of debt management companies(Debt Collection Harassment) thriving to help you.

It is important to understand why people get into debts that they cannot repay. American society has countless opportunities to make money. In this country, people start making a living working early in their lives. Once financially independent you get into the temptation of spending. The spending habits are out of control because you are in hold of credit cards that allow you to buy whatever you wish to at the outset.

Read Full Article Here: http://www.westopdebtcollectors.com/blog/post/Why-people-get-into-credit-card-debts.aspx

Friday, June 18, 2010

Debt Collection

It is unpleasant to take calls from debt collectors. Quite often you don't want to speak to them. You can't avoid paying them if you have spent all those dollars through credit cards. If the debt is genuine it is better to pay up. However, even if you owe the debt you are protected against debt collector's harassment.

Let us understand debt collection harassment. A debt collection agency (third party) is retained by original creditors (first party), credit card companies or banks for example, to collect a debt from you which they failed to collect. Debt collection agencies (third party) can even be companies that bought the debt from original creditors (first party) and are intent on collecting the payments from debtors (second party). Debt collectors do not have the right to harass you for the money. The Federal Trade Commission (FTC) has enforced certain guidelines for fair debt collection in the Fair Debt Collection Practices Act (FDCPA).

Read full article: http://www.westopdebtcollectors.com/blog/post/Debt-Collection.aspx

Tuesday, June 8, 2010

Alabama Lemon Law

Alabama Lemon Law and Federal warranty law protect consumers from being stuck with "Lemon" automobiles, computer lemons and other defective consumer products. Get a Free Alabama 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!

Read more here: http://www.autolemonlaws.com/alabama/index.htm

Thursday, May 27, 2010

Debt Collectors should follow the FDCPA Laws

The Fair Debt Collection Practices Act (FDCPA) was shaped by the Federal Trade Commission (FTC) and passed by the Congress to ensure fair and lawful debt collections. This Act regulates debt collectors to ensure the rights of consumers for fair collection of debts.

Read More: http://www.yourcollectionrights.com/post/Debt-Collectors-should-follow-the-FDCPA-Laws.aspx

What is Debt Collection Harassment?

The Fair Debt Collection Practices Act (FDCPA) has a set of rules that determine what can be termed as harassment by the debt collector. Harassment can be either written or verbal. Calling you repeatedly at home or work place is a form of harassment. Harassing in any form is considered a severe violation of the FDCPA.

Read More: http://www.yourcollectionrights.com/post/What-is-Debt-Collection-Harassment.aspx

Beware of Charged off Debts!

As debtors you will want to look for an easy solution to the sticky situation you have gotten into – not being able to pay the debt. You and the creditor may come into an agreement over the debt and he will agree to charge off the debt because it has become worthless. It is known as “Specific Charge Off” method.

Read More: http://www.yourcollectionrights.com/post/Beware-of-Charged-off-Debts!.aspx

FDCPA

Friday, May 21, 2010

Illinois Lemon Law

Illinois lemon law covers new self-propelled vehicle primarily designed for use on public highways with a serious mechanical problem that was purchased or leased in Illinois. The Illinois lemon law states that the mechanical problem should be first reported within the first 12 months or 12,000 miles, whichever occurs first. The Illinois lemon law covers:

  • New Cars both purchased/leased
  • Light Trucks and vans that weigh less than 8,000 pounds
  • Recreational vehicles excluding trailers
  • Vehicles purchased in Illinois

The Illinois lemon law does not protect:

  • Used Cars
  • Altered or modified vehicles
  • Motorcycles and boats
  • The cosmetic flaws in a vehicle
  • Defects occurred due to the negligence on the part of the owner
  • Defects occurred as a result of an accident involving the vehicle
  • Problems resulted from modification or repair performed by a non- authorized person or facility

To qualify to get the protection from the Illinois lemon law the mechanical problem in the vehicle must

  • Substantially impair the use, market value, or safety of a motor vehicle
  • Render the motor vehicle nonconforming to the terms of an applicable manufacturer’s warranty

The Illinois lemon law states that:

  • The vehicle is in the custody of the manufacturer or its authorized dealer for repairs over a cumulative period of 30 calendar days or more
  • Mechanical problem should be first reported within the first 12 months or 12,000 miles, whichever occurs first
  • The manufacturer is given a reasonable number of (4) chances to repair the mechanical problem in your vehicle
  • You must send a certified letter to the manufacturer informing them of the nonconformity of the manufacturer’s warranty

According to the Illinois lemon law an Industry Third Party Dispute Resolution Program evaluates your claim. You can find information about this program in your vehicle ownership manual. To initiate action under the Illinois lemon law, contact the designated manufacturer representative for your vehicle. This representative will forward the required information and forms to you to claim your Illinois lemon law rights. The Illinois lemon law claims cannot be initiated directly through the dealer. Many consumers have lost their Illinois lemon law rights because they waited longer than 12 months from the purchase date, the time period in which The Illinois lemon law complaints must be filed, all the while believing they were proceeding under the Illinois lemon law through their dealer. Under the Illinois lemon law if the Dispute Board rules in your favor, you can expect one of the following compensations:

  • You will receive a replacement vehicle of the similar value
  • The manufacturer will buy your vehicle back from you, less the value for miles driven

If you are dissatisfied with the decision of the Dispute Board, you may bring a civil action to enforce your rights under this Act. The manufacturer, however, may not dispute the board's decision. There are also other Federal and Illinois laws that deal with contracts and warranties for new products. Before deciding on a particular course of action, you are strongly urged to consult expert Illinois lemon law attorney to determine the best course of action for your situation. Keep all receipts and records concerning repairs to your vehicle. Note the purpose and date of all repairs along with the length of time your vehicle is in the shop. It is extremely important that you file with your Illinois lemon law attorney before your Illinois lemon law rights to do so expire.

Wednesday, May 5, 2010

Georgia Lemon Law

Georgia Lemon Law : 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!*

Wednesday, April 28, 2010

Your Lemon Law Rights

What Vehicles are Covered?

Any self-propelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased, purchased or registered. Applies only to the chassis portion of motor homes. Does not include motorcycles or trucks with 10,000 pounds or more GVW.

Read Your Georgia Lemon Law Rights at http://www.autolemonlaws.com/georgia/lemonlawrights.htm

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 Law 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!

Read Full Information at http://www.autolemonlaws.com/georgia/index.htm

Friday, April 23, 2010

Lemon Car Final Repair Attempt

If the substantial defect continues or recurs after the manufacturer or authorized dealer has made the reasonable number of repair attempts, you must give the manufacturer (not the dealer) one last chance, but not exceeding seven working days to arrange the defect. This 7-day period begins when the manufacturer is aware, or should be, that the limit of three repair attempts or 15 business days out of service have been met or are exceeded. Generally, this is the date on which the manufacturer receives for its part, a letter that gives the last chance to repair. You can tell the manufacturer of the last chance even after completing the term of protection for a year or 15,000 miles.

You must send notification of the final opportunity to repair to the regional office of the manufacturer by certified mail, return receipt (return receipt) (See example). You can get this address in the Office of Consumer Affairs and Business Regulation (Office of Consumer Affairs and Business Regulation). The best way to document that the manufacturer has received the last chance to repair, the manufacturer is notified directly by mail and keeping copies of your letters.

At the expiration of seven (7) business days, can pick up your vehicle. The manufacturer may choose not to use this last opportunity to try the repair. If after seven days, the substantial defect was not repaired, or repaired and recurs, then you are entitled to a refund of your money or replace your vehicle under the Act or Leased Defective New Cars (Lemon Law Ex. Georgia Lemon Law). If the manufacturer does not voluntarily comply, you may request an arbitration hearing.

Friday, April 9, 2010

Do I need a lawyer to help me with my problem Lemon Law

Lemon Laws can be complex and often frustrating to understand. To make matters worse, the lemon laws vary from state to state. Taking the help of a lawyer with the problem of the lemon law can make life easier. A lawyer experienced with the lemon law know how to get the results you want, and bring a lawsuit on their part if needed.

Monday, April 5, 2010

Lemon Law for Used Car

Since buying the used car has given him nothing but trouble. With each passing day, you begin to fear that a car is defective or a lemon in your hands do you have to endure? Maybe not. Lemon Law for Used Car provides protection to those who buy used cars in the State (Ex. Georgia Lemon Law).

WHAT ARE THE CARS THAT ARE COVERED UNDER THE LAW?
The law, which only covers passenger cars have been purchased from an authorized dealer, requires used car dealers provide their customers with guarantees. The warranty period depends on the miles you got the car used:

■ if the car has 24,000 miles or less, the dealer must provide the customer with a 90 day warranty or 3,000 miles whichever comes first;

■ if the car has more than 24,000 miles but less than 60,000 miles, the dealer must provide the customer with a warranty for 60 days or 2,000 miles whichever comes earlier;

■ if the car has between 60,000 and 100,000 miles, dealer must provide the client with a warranted for 30 days or 1,000 miles, whichever comes before.

CARS THAT ARE NOT COVERED BY THE LAW.

A used car is not covered by the law if the car:

■ has been sold for less than $ 3,000;

■ is a car that has more than 7 model years;

■ has been declared a total loss by a company
insurance;

■ was not purchased from an authorized dealer, or has over 100,000 miles.

Note: To negotiate a better price, the consumer may waive his right to security. The car must have more than 60,000 miles on the odometer and the waiver must be in writing.

ENGINE PARTS COVERED BY LAW.

The law requires the dealer to "correct a material defect of the used car." The law expressly covers:

■ The engine-all internal lubricated parts, chains distribution, gears and covers, belt distribution, pulleys and cover, oil pump gears and water pump, valve covers,
housing, manifolds, flywheel, balance of harmony, supports engine seals and gaskets, and turbo-charged case. (Box turbo charged, and engine blocks and cylinder heads
cylinder under warranty if they have been damaged by a failure of an internally lubricated part.)

■ Automatic Transmission / Transfer Box-All internal lubricated parts, converter, modulator vacuum transmission mounts, seals and gaskets.

■ Transmission Manual / Transfer Box-All internal lubricated parts, transmission mounts, seals and gaskets, but excluding: clutch plate pressure, bearings, clutch general or cylinders.

■ Front-wheel drive All internal lubricated parts, handle shaft velocity joints, bearings front seals and gaskets.

Rear-wheel drive
■ All internal lubricated parts, drive shaft, U-shaped supports, handle shaft and bearings, seals and gaskets.

The law also says, "is an acceptable defense to any claim ... that the material defect that substantially prevents the use, value or safety of the vehicle"