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[M715]Motor Vehicle Lemon Law

by Colin P, Col

During the 1980s, many states in the United States and some other jurisdictions in different countries around the globe began enacting lemon law statutes. The creation of lemon law statutes arose out of problems that consumers were having in regard to the purchase of new motor vehicles that turned out to be significantly defective.

Prior to the enactment of a lemon law in a given jurisdiction, a consumer's only real recourse if he or she purchased a car that did not mechanically live up to expectations was to obtain whatever relief that he or she could seek out of the provisions of a warranty. In other words, on a very real level, before the advent of the lemon law, a consumer truly did purchase a new automobile or other new motor vehicle in an as is condition. If there were problems with a new motor vehicle in the absence of a lemon law, the consumer was stuck -- plain and simple. There was no legal mechanism through which a consumer could return a chronically defective motor vehicle to a dealer without the specific statutory provisions that were found within a lemon law.

In time, many governmental leaders and consumer advocates began to realize the inherent unfairness in a consumer being stuck with a deeply flawed motor vehicle through no fault of that consumer. These leaders and advocates realized that the time had come to provide consumers some recourse if they ended up stuck with a truly tainted motor vehicle. As a result of this recognition that consumers deserved greater protection against defective new motor vehicles, the lemon law was born.

You do need to keep in mind at the outset that the typical lemon law only extends protection to a person who has made the purchase of a new motor vehicle. Used or pre-owned vehicles are not included within the prevue of the standard or typical lemon law. In addition, the typical lemon law only extends its protections to consumers who purchase a new car or other motor vehicle for personal use. A standard lemon law does not extend protection to new vehicles that are used for business, commercial or fleet purposes.

In general terms, the manner in which a lemon law operates and works is fairly simple. If you do purchase a new motor vehicle, and end up facing the same mechanical defect or disruption over a specified period of time (as set forth within the lemon law itself), you have the right to return that motor vehicle to the dealer that sold you the car in the first instance. The dealer has a legal obligation to refund the money that you paid for the defective motor vehicle in the first instance. In other words, the typical consumer -- a person like you -- does not end up with a defective motor vehicle that requires ongoing repair work. You are able to get the money you invested in the car back and are freed from the burden of owning a defective vehicle.

Imagine driving in your minivan with your children when all of a sudden the sliding door pops open, putting you and your family at risk. More than 2 dozen complaints have been filed with the national Highway Traffic and Safety Administration from drivers with faulty sliding doors with General Motors minivans, most notably the Chevrolet Uplander. Other vehicles being complained about include the Buick Terraza, the Pontiac Montana and the Saturn Relay. Despite these complaints, there has been no recall Consumers have complained of having the door pop open at speeds exceeding 45mph. Most complaints filed have dealt with 2005-2006 models.

According to on-line reports, GM has previously said there is a quick fix for the problem and they have issued a preliminary report to the service managers on how to fix the issue, blaming it on doors sensors being affected by debris, but there are plenty of consumers who are returning to the dealer time and time again, only to hear that the service manager can't diagnose and/or fix the problem.

Kimmel and Silverman has handled over 100 sliding door case similar to this in the past two years, and says the problem is not limited to GM. These cases have resulted in full or partial refunds for our clients. The frustration lies in the fact that GM is not issuing a voluntary recall on the problem.

If you find that you are dealing with an intermittent sliding door problem, be as specific of when the problem is happening--how fast are you traveling? What are the road conditions? What are the weather conditions? Do you have problems closing the doors? Does the door lock? All of this information is very important to the service department when it comes to diagnosing the problem.

Make sure that each time you pick up your vehicle, you receive a repair invoice which clearly outlines your complaints and the repairs. Once you have three or more repair invoices for this problem, contact a specialist Lemon Law firm in your state. For further information, a useful resource targeting General Motors issues, check out www.gmproblems.com where you will be able to find further information on some well known mechanical issues including water leaks, brake rotors and sliding doors.

Article Source : Pg. 23

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Both Colin P & Paul Fleming are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Colin P has sinced written about articles on various topics from Computers and The Internet, College Student Loan and Computers and The Internet. . Colin P's top article generates over 27100 views. to your Favourites.

Paul Fleming has sinced written about articles on various topics from Alarm System, Family and Lemon Law. For more information on the and free legal representation, call 1-800-LEMON-LAW (1-800-536-6652) or. Paul Fleming's top article generates over 4400 views. to your Favourites.