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.

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

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...

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...

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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

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