DTI releases IRR for 'Lemon Law'

MANILA – The Department of Trade and Industry (DTI) has announced the start of the implementation of the "Lemon Law" that will protect brand new buyers from defective vehicles.

One of the pertinent provisions of the implementing rules and regulations (IRR) is the mechanism for complaints up to the adjudication process.

A complaint can have four attempts at bringing up the defect of the vehicle to the DTI before a final decision can be made by the DTI secretary.

Under the process of mediation, the consumer has to demonstrate the defect in the presence of the dealer; the dealer receives and accepts the defect; dealer then tells the consumer the estimated time it takes to repair, but it has to be within 15 days; and the consumer will then authorize the repair and wait for 15 days.

If the defect recurs, another complaint can be brought to the DTI until the fourth attempt is exhausted.

If the defect occurs again, the fifth complaint will be elevated to the DTI secretary, whose decision becomes final and unappealable.

"The Lemon Law did not take the warranty period, it does not impair the rights of the consumers," said Trade Undersecretary Vic Dimagiba, emphasizing that the warranty period will still be observed hand in hand with the provisions of the Lemon Law.

According to Trade Secretary Gregory Domingo, it's possible that the DTI will publish the list of car brands that have many complaints under the Lemon Law, if it becomes necessary.

Car manufacturers group CAMPI, on the other hand, said the law will bridge the gap between consumer and the auto industry and realize what customer satisfaction is.

source: www.abs-cbnnews.com

PNoy signs anti-lemon bill into law

MANILA - President Aquino has signed the anti-lemon bill into law, which protects car owners from brand new but defective motor vehicles.

Las Piñas Rep. Mark Villar, chairman of the House committee on trade and industry and one of the principal authors of the bill, welcomed the passage of the law.

“We’re happy with the recent signing of the Anti-Lemon Law. The State declares to promote full protection of the rights of consumers in the sale of motor vehicles against trade practices which are deceptive, unfair or otherwise inimical to the consumers and the public interest,” he said.

Under the law, anyone who purchases a brand new car and experiences defects within a year after purchase would be able to secure a refund or replacement of the unit if repairs prove useless.

Lemon refers to brand new vehicles that fail to meet the standards of quality and performance.

Villar said owning a car is not considered a luxury but more of a necessity.

“Coping with this necessity does not come cheap. Owning a motor vehicle is a big investment and could take a substantial chunk of one’s savings. For some unfortunate buyers, an investment in this endeavor has become for naught after they acquired a lemon,” he said.

Under the law, a car qualifies as a lemon if it has been repaired four or more times for the same defect within the warranty period, which is 12 months after purchase or the first 20,000 kilometers of operation.

Villar said the Anti-Lemon Law originated in the US primarily to return to the consumer the full value of his or her money in the purchase of a poor-quality car.

source: www.abs-cbnnews.com

Defective Airbag Lawyer

A defective airbag lawyer is usually needed if a vehicle has got defective or faulty airbags that the dealers or cannot repair after several repair attempts. All the vehicles should be equipped with airbags as they are an important safety feature in any vehicle. For a vehicle to have a high car safety rating, it should have front, side, curtain and knee airbags. Airbags may either save people’s lives or at least prevent them from serious injuries such as broken bones, head and neck injuries and so on.


Unfortunately, airbags may not only save lives but also cause serious injuries and even fatalities if they are not properly designed. A defective airbag is a real safety hazard for any vehicle.


The thing is that there may be several ways for an airbag to be defective. There may be problems connected with the following factors:  


    Manufacturer design
    The actual production of the airbag
    The installation of the airbag  


Some examples of airbag failure may be when the airbag deploys with too much force, or when it deploys too slowly, or when it deploys at a wrong angle or does not deploy when it should have deployed, or when the airbag deploys suddenly and without any need, hitting the occupant and most likely injuring them.  


When a car owner finds out that his/her vehicle has got problems connected with defective airbags, then they should contact a defective airbag lawyer as soon as possible in order to sue the manufacturer.  If you or a loved one has suffered an injury due to a defective airbag, then you should contact The Margarian Law Firm for legal help.  


Mr. Margarian will provide you with a free case evaluation and see whether your vehicle may be covered under California Lemon Law or not. If yes, the Lemon lawyer will work for you on a contingency fee basis which means that you will not have to pay the attorney’s fees to the attorney for the legal help. All the money will be collected from the manufacturer if your attorney wins the case for you. If the case is not won, this time, again, you will not have to pay any money to anybody. You can contact The Margarian Law Firm at (818) 869-2170 for more information.

source: lemonlawcourt.com

What is a Car Safety Rating?

Car safety is a crucial factor that some people overlook these days. Those who really understand what safety means, they care about it more and will never purchase a vehicle with a low car safety rating.


There are very different safety ratings that are available in different websites. For example, the National Highway Traffic Safety Administration (NHTSA) has got its own 5-start safety rating system that is used to assess the safety of different vehicles and to help the buyer decide whether he/she needs that special vehicle or not. The more the number of the starts, the better the vehicle is performing, according to this rating. Five stars is the highest rating and one star is the lowest one. These ratings measure the rollover safety and the crashworthiness of cars.


There are even certain crash test safety ratings that show how safe a vehicle can be if a crash occurs. In measuring the safety of a vehicle several factors are usually taken into account, for example: 


    What may happen to passengers during a crash?
    What will happen to other road users?
    What will happen to pedestrians?


When purchasing a vehicle one should look at the car safety rating of that special car and read the buyers’ guide to see which safety features have the highest ratings. Following are several safety features that you should take into account when choosing a vehicle for you.

Airbags
Airbags are deigned to deploy and inflate properly and in a timely manner. If deployed properly, airbags may save lives during a crash. Hence, car shoppers should take care to buy vehicles that have front, side, curtain and knee airbags.

Seatbelts

Seatbelts are used to ensure the passengers’ security by restraining them when the vehicle is in motion. All the passengers in a vehicle should wear seatbelts for their own security. Vehicles with retractable 3-point sash-styled seatbelts are considered to be of high quality from the perspective of occupant-safety.

Structural Integrity

The structural integrity is a crucial factor in car safety. A good vehicle with structural soundness should maintain its shape in a collision. Car parts should stay in their places so firmly that they cannot injure an occupant when the vehicle is involved in an accident. Besides, the doors should remain closed when the vehicle hits another object and they should be possible to open after the collision occurs.

Other equally important car safety features include anti-lock braking systems, active stability control, tires and so on. A car safety rating lists all these features and rates their quality and stability so that the buyer knows what to expect from the vehicle he/she is buying.

Legal Help

If you or a loved one got a defective vehicle that the manufacturer or the dealership do not or cannot repair, then you should contact an experienced Lemon Law lawyer. The Margarian Law Firm in California handles Lemon Law and auto dealer fraud cases. So, if you think you need a free case evaluation and further legal help, then pick up your phone and call us at (818) 869-2170.

source: lemonlawcourt.com

California Lemon Law FAQs

What is a Lemon?

A Lemon is any product that costs more than $25 and exhibits significant problems and non-conformities affecting its use, value, or safety. This product always comes with a written manufacturer warranty. If the warrantor is unable or unwilling to fix the product after a reasonable number of repair attempts, then the product may be branded as a “lemon.”


What are the laws otherwise called?


The Lemon Law is a federal law; it is called Magnuson-Moss Warranty Act.

The California Lemon Law is a state law; it is called Song Beverly Consumer Warranty Act.

How many times do I need to take my car to the dealer to have a California Lemon Law claim?


There isn’t any set number of repair attempts for a vehicle to be branded a “lemon”. If the vehicle defect is severe, then two repair visits may be enough to have a California Lemon Law claim. Four repair visits for the same problem usually suffice for a California Lemon Law claim. In addition, if the vehicle has been in the dealership for warranty repairs for cumulatively 30 days, it may again qualify under California Lemon Law.


Do used cars qualify under the lemon law?


In the state of California a used car may qualify under Lemon Law or some other consumer protection laws provided that it comes with a warranty or a service contract.


Can’t I manage the things by myself?


Well, you can at least try it, but in most of the cases the help of a skilled lemon law attorney is needed. The manufacturer or the dealer will try to switch you from the idea of making a Lemon Law claim onto the idea of trading in your lemon or selling it to another person. However, if you do not want to be cheated or ripped off, you had better turn to a lemon law lawyer to handle your case.


What remedies can I expect to receive?

A good lawyer may be able to reach any of these three types of remedies for you:

A replacement vehicle. The manufacturer may provide you with another car taking back their defective vehicle.

A lemon law buyback. The manufacturer may purchase back their defective vehicle from you.

A cash settlement. The manufacturer may pay you the refund of the original purchase price. In this case you are free to sell or keep the defective vehicle.


If you think you have got a “lemon vehicle” you should contact the Law Offices of Hovanes Margarian for legal help. We will evaluate your case and see what can be done to provide you with proper compensation. The Law Offices of Hovanes Margarian is a California based law firm dealing with lemon law and auto dealer fraud cases. You can contact us at: 866.97.LEMON (866.975.3666).

source: lemonlawcourt.com

Hiring a California Lemon Law Lawyer is a Great Option!

Buying a car is a risky venture. You never know for sure what potential hazards it can be exposed to. Fortunately, the state of California passed the law which protects consumers from buying defective vehicles. Actually not every consumer incurring problems with his new vehicle can obtain justice. As a rule the automakers used to outwit the consumers who havent`s retained by a lemon law lawyer.


If you vehicle is still under manufacturer`s warranty and you continually incur problems which impair its use, safety and value you SHOULD HIRE a lemon law lawyer. Even if the automaker participated in a state-certified program and you are required to go to arbitration to settle the problem having an attorney at your side is a MUST to be on equal footing.

When you are represented by a qualified lemon law lawyer it`s a well-marked signal to the automaker that your are resolute about your claim and are going to sue him in order to obtain justice. Don`t forget that automakers have a mighty team of attorneys which are hired to avoid or stall Lemon Law claims. They act in conformity with law only under threat of a lawsuit by experienced lemon law lawyer. In this case they are interested to settle the case very quickly, as they realize that the cost of litigation will be much higher. So it`s in consumers interest to have a lawyer who knows the lemon law and can act on your behalf to get the compensation he is entitled to. CA lemon law considers the following types of restitution to lemon car owners;

Refund of the purchase
Replacement of a defective vehicle
Cash settlement

When you qualify under CA lemon law, you are entitled to receive a refund or a replacement vehicle, plus vehicle registration fees, rental car costs and towing charges. The choice of the refund or replacement vehicle is the consumer’s, not the manufacturer’s. The manufacturer is only permitted to deduct money for the miles the vehicle was driven before it was taken to the garage because of the defect.

Another good news associated with hiring a lemon law lawyer is that you shouldn`t have to pay him for handling you lemon law case. The law says that the automaker is entitled to pay the consumer`s attorney`s fees in successful lemon cases.

source: lemonlawcourt.com

Popular Myths about the California Lemon Law – Part 2

The legal process can be looked upon with a great deal of fear and loathing amongst the general public. If you are the victim of a dishonest car dealer, you may not know that the California Lemon Law has been designed to help the motoring community to get what they paid for. That’s only fair. So in hopes of helping you to dispel the clouds around the Lemon Laws, here is part two of our look at the sour fruits of automotive lemons.





• Myth – Lemon Laws are the same for all 50 states.

While many states’ Lemon Laws are very similar, there can be subtle or even wide differences in their terms and applications. Don’t assume that the Lemon Laws in your state are identical to those in California or any other state. It’s easy to check and compare them online. Simply type in Lemon Laws and the name of your state to make sure that you know your true rights.

• Myth – The Lemon Law does not cover a vehicle that has been leased.

Not true. Leased vehicles enjoy the full protection of the California Lemon Law.

• Myth – A Lemon Law claim must be filed within the first six months of vehicle ownership.

False, car owners have eighteen months to submit notification to the parties involved of a Lemon Law claim. That fact notwithstanding, time is of the essence. So be sure to file your Lemon Law claim as soon as practicable.

• Myth – Lemon Law prerequisites are simple for the average consumer to determine.

Wrong, the legal technicalities of the Lemon Law demand the services of a lawyer trained in that area.

• Myth – Lemon Law Attorneys require full payment should your Lemon Law case be decided in favor of the car dealer.

Hovanes Margarian is a California Lemon Law attorney who works strictly on a contingency basis. He is ready to help you to get full refund.

The preceding must not be construed as legal advice specific to any circumstance. It is offered solely for the introductory edification of consumers about the California Lemon Law.

source: lemonlawcourt.com

Popular Myths About The California Lemon Law – Part 1

The California Lemon Law is similar to that in other states. Non California residents should go online to determine any differences to the application of Lemon Law for their particular state. Here in a two-part post are some popular misconceptions that shouldn’t be allowed to rain on your legal parade.

• Myth 1 – As long as an auto dealer is willing to repair a vehicle when any problems occur, a consumer is not entitled to file a claim that a vehicle is a Lemon Car. After all, if an auto dealership is honoring a consumer’s objective by endeavoring to repair any problems that may arise with their vehicle in a prompt manner, said dealership is obviously cooperating with the letter and the spirit of the law. Therefore any Lemon Law claim in such an instance will not be heard or permitted to go forward.

Should problems requiring maintenance persistently occur to an automobile that necessitate continuous repair work to that vehicle, even if the auto dealership acts in apparent good faith by completing all necessary repairs, that car may still be classified as a Lemon car under the California Lemon Law. This is especially true if the problems that occur to it render the vehicle unsafe to drive.

• Myth 2 – A vehicle must have been in the shop no fewer than 90 days to be qualified for a claim under the Lemon Law.

A vehicle need only be in a repair shop for 30 days to be classified as a Lemon Car. The car dealer must then either refund the buyer’s money or exchange the Lemon Car for another.

• Myth 3 – Should a vehicle owner opt for an arbitration process, the arbitrator’s decision is final and the Lemon Car owner may not appeal.

The Lemon Car owner may accept or decline the arbitrator’s decision. If the Lemon car owner declines, he or she may still file a Lemon Law claim in the court of. But the decision of the arbitrator is binding on the car dealer however.

• Myth 4 – Lemon Law Attorneys require fees to discuss whether you have a valid Lemon Law Claim.

Hovanes Margarian is experienced and talented Lemon Law attorney who offers Lemon case evaluations at no charge. His site is available 24/7 so you can begin the process right away.

source: lemonlawcourt.com

How the Lemon Law Can Help You

The Lemon Law will serve you best when you take some basic steps that you should already be doing. Of primary importance is keeping good files. For without documentation of every little transaction involving the purchase of your new car, then you will have that much more of a difficult time.

If you do not save your receipts then begin to at once. It’s as easy as keeping a shoe box in a designated place in which to toss any receipts that are acquired during the day. This is a practice that will pay many dividends down the road.

Should you find yourself in a situation where you have not been saving your receipts and have a Lemon Law issue with a new car that you may have recently purchased, then first of all, keep calm.

As frustrating as being on the sour end of a lemon vehicle is, it’s never worth losing your cool over. Instead, channel all of that nervous energy into correcting the problem. If you have made most or all of your lemon car related transactions with a debit or credit card, then things aren’t as bad as you might imagine.

That’s because electronic transactions like a debit or credit card purchase are easy to research and to reacquire most or all of the data that you will need to support your Lemon Law case. Every state including the District of Columbia has its own version of the Lemon Law.

There are however many similarities in the terms of each of these individual statutes. Similitude’s that are shared include the requirement of three or four repairs having taken place within x amount of time, one or two years or before 24,000 miles have been clocked since the purchase of the alleged Lemon Car. Another common requirement for qualifying for a Lemon Law action is to notify the seller or manufacturer via certified mail that you are requesting a repair or refund under the Lemon Law statute.

Contact the California Lemon Law attorney Hovanes Margarian to get the specifics on exactly what procedures are needed for you to exercise your rights.

source: lemonlawcourt.com