Are Technical Service Bulletin Repairs Covered Under the Lemon Law?

Are Technical Service Bulletin Repairs Covered Under the Lemon Law?
By David J. Gorberg

Technical Service Bulletins are recommendations issued by vehicle manufacturers to the mechanics who work on them. They indicate the common causes of problems that might be reported for certain vehicles.

It's easy for consumers to become confused between Technical Service Bulletins (TSBs) and Recalls, as both involve written communication about vehicle repair issues, but recalls are specific to vehicle problems associated with safety, as determined by the National Highway Traffic Safety Administration.

Vehicle recalls are repaired at no cost to the vehicle owner under lemon law statutes, while owners are usually required to pay for repairs that are described by a Technical Service Bulletin unless its covered under warranty.

The National Highway Traffic Safety Administration (NHTSA) posts information about service bulletins, safety recalls, and defect investigations on their website, including a way to search for bulletins or recalls by make and model. The site also reports crash and rollover ratings, child car seat rating and recalls, current legislation under consideration, and studies related to vehicle and driver safety.

It's a good idea to periodically check for Technical Service Bulletins (TSBs) and safety recalls for the make and model of your vehicles. Notifications of safety recalls are mailed to vehicle owners, but TSBs are only delivered to repair shops who subscribe to those notices.

Developing awareness about the service issues relating to your specific vehicle(s), and to being proactive in learning about safety recalls, can help prevent problems before they happen or at least catch them very early on.

A bit of awareness and prevention on the part of the consumer can mean the difference between identifying a potentially disruptive or even dangerous issue with your vehicle before it becomes a problem and finding out after an accident or loss of vehicle use.

Article Source: http://EzineArticles.com/?expert=David_J._Gorberg

Are Technical Service Bulletin Repairs Covered Under the Lemon Law?

BBB and the PA Lemon Law

BBB and the PA Lemon Law
By Greg Artim

The Pennsylvania Lemon Law is a law that defines the rights and remedies that you have if you purchase a new vehicle that becomes defective. The PA Lemon Law sets forth that you are entitled to a free replacement vehicle or a full refund of the purchase price if your vehicle exhibits defects which substantially impair the use, value or safety of the vehicle. If the manufacturer cannot repair the vehicle after a reasonable number of attempts, the vehicle is deemed a lemon.

Unfortunately, while you are entitled to one of the aforesaid remedies, vehicle manufacturers rarely just voluntarily buy back your vehicle under the law, even if it meets the established criteria of the Lemon Law. In that instance, you will have to initiate a lemon law claim. Under the law, you must first resort to the manufacturer's informal dispute resolution program, if they maintain one, prior to filing a lemon law lawsuit.

This is where the Better Business Bureau comes in. In Pennsylvania, the Better Business Bureau runs the informal dispute resolution program for many of the major automobile manufacturers. The BBB runs the dispute resolution program for Acura, Audi, Ford, GM, Hyundai, Infiniti, Isuzu, Kia, Lincoln, Mazda, Mercury, Nissan, Saab, Saturn and Volkswagen.

How does the BBB program work? Its very simple and is merely a format for exchanging information, then having a neutral arbitrator review the facts and making a decision. Our office files several of these claims each week, so it has become second nature here, but in a nutshell: The first thing is to initiate a claim with the BBB.

This can be done by filling out their online complaint form. You will need to provide various types of information here, including the standard contact info for yourself. You will also have to provide the make, model and year of the vehicle, along with the VIN. Next, you will provide a list of and an explanation of the vehicle's defects and repair attempts. After that, you will want to forward copies of all of your vehicle's relevant documentation (purchase agreement, financing agreement, repair orders, etc...) to the BBB.

You will next want to submit a written narrative of the problems with the vehicle and why you believe the vehicle is a Lemon. This information will be passed along to the manufacturer, who will formulate a response. After the response is received, the BBB Arbitrator will wish to inspect the vehicle, perhaps taking it for a test drive. He/She will render a decision within a matter of days. The entire process is supposed to take 40 days from start to finish.

It is important to know that the Arbitrator's decision is binding upon the manufacturer, but IS NOT binding on you. What that means is that you have the right to proceed with a lawsuit if you don't like the Arbitrator's decision, but the manufacturer does not have that same right.

On a separate but related note, the BBB runs the informal dispute resolution program for many manufacturers in many states. Check with you're an experienced Lemon Law Attorney in your state to see if you must participate in this program prior to filing a lawsuit.

Article Source: http://EzineArticles.com/?expert=Greg_Artim

BBB and the PA Lemon Law

A Pennsylvania Lemon Law Review

A Pennsylvania Lemon Law Review
By Paul J Fleming

Buying a new car can be a fun and rewarding experience that most people enjoy. Whether out of necessity or for pleasure, car buyers spend a great deal of time carefully considering the qualities of each vehicle to decide on the vehicle that will be the right fit for them. Unfortunately, consumers occasionally find their dream car can quickly become a nightmare and in Pennsylvania this is no exception.

Occasional mechanical problems can appear even when a vehicle is new, however when these problems repeatedly occur, Pennsylvania drivers must protect their rights. Therefore, a brief review of the Pennsylvania Lemon Law should be useful to anyone that has a new vehicle or has ever considered buying a new car in the state of Pennsylvania.

What is a Lemon?

Generally speaking, a "lemon" is a new vehicle that has been purchased or leased which suffers from a repetitive nonconformity. A nonconformity is defined as a defect or condition which substantially impairs the use, value or safety of the vehicle.

How Does Pennsylvania Define a Lemon?

The Pennsylvania Lemon Law applies to new cars purchased or leased in Pennsylvania and registered in PA, OR purchased in another state but registered in PA by the first owner immediately after purchase. In order to qualify for remedy under the Pennsylvania Lemon Law, your vehicle must be used for personal use and must suffer its first non conformity (that's a defect which affects the use, value or safety of the car) within the first 12 months or 12,000 miles, whichever comes first.

The problem must occur at least two more times under the Manufacturers warranty period OR the vehicle must be in the shop 30 days in the 12/12 period. The 30 days do not have to be consecutive, nor do they have to be for the same problem.

What If a Vehicle Is Not Covered by Pennsylvania's Lemon Law?

It's important to note that even if your car falls outside of the limitations established by the Pennsylvania Lemon Law, there are still Federal breaches of warranty laws which may apply. If your car has an original or extended manufacturer's warranty and has a problem that can't be fixed after three repair attempts, chances are you may have some recourse. Therefore, it's suggested that you contact a qualified Pennsylvania Lemon Law Attorney to determine whether you are entitle to compensation

How to Avoid Buying a Lemon

Many people think that when buying a new car, the odds of getting a lemon can't be reduced, but this isn't the case. With a little extra effort, car buyers can greatly reduce the odds of having a sour experience by following this simple advice:

1) Review the National Highway Traffic Safety Administration (NHTSA) Vehicle Complaints List - Avoid the Vehicle with a High Proportion of Complaints

2) Check out the Car Book by Consumer Advocate Jack Gillis and The Center for Auto Safety as a Guide to the Highest Rated Vehicles.

3) Inspect the Vehicle Thoroughly Including a Test Drive; Take Extensive Notes , You May Need Them Later

4) Carefully Document All Vehicle Repairs Keeping All Invoices and DocumentsUnderstand Your Rights Under Pennsylvania Law

In conclusion, buying or leasing a new car in Pennsylvania does not have to be a risky proposition. By knowing your rights and taking active steps to avoid a "lemon" you can dramatically decrease the likelihood of problems with your new car and enjoy the new car experience without fear or concern.

Article Source: http://EzineArticles.com/?expert=Paul_J_Fleming

A Pennsylvania Lemon Law Review

Used Car Lemon Law in PA

Used Car Lemon Law in PA
By Greg Artim

I have been practicing law for about 11 years now, and the last few years have been focused on handling Lemon Law claims. The number one question that I receive at my office is "Does the PA Lemon Law cover used vehicles?" As of the date of this writing, 2008, the answer is no. Fortunately, though, there are several other laws that protect you if you have purchased a defective used vehicle in Pennsylvania.

The first such law is the Magnuson Moss Warranty Act, otherwise known as the federal lemon law. The Magnuson Moss Act provides protections that are similar to the PA Lemon Law to any person who purchases a vehicle which comes with a written warranty.

If the vehicle exhibits defects or non-conformities, and those defects cannot be repaired after a reasonable number of attempts, the owner may be able to bring a claim under this law, in an attempt to recover cash compensation, a replacement vehicle, or a full refund, depending upon certain circumstances. The Magnuson Moss Act also provides for recovery of Attorney fees if the individual prevails on his claim.

The next law that protects purchasers in Pennsylvania is the Unfair Trade Practices and Consumer Protection Law. This law, in a nutshell, provides protections to individuals who have purchased defective vehicles, where the seller has made an affirmative representation about the quality or fitness of the vehicle, or where the seller is in the business of selling automobiles.

The Unfair Trade Practices Act is a general law that is not limited to vehicles, but rather, it covers all kinds of products and services that are not up to an expected standard in Pennsylvania. Knowledgeable attorneys use this law every day to assist clients with defective product claims in PA.

Another law that provides protections to Pennsylvania purchasers is the Automotive Industry Trade Practices Act. This law sets forth rules, regulations and mandatory guidelines that automobile dealers must follow in the sale of motor vehicles.

This law hits many different issues that can come up with the sale of a motor vehicle, including advertising, servicing, types of contracts and forms, disclosures, warranties and more. In practice, I have found that this law is not taken advantage of by enough of us who are engaged in the legal profession.

While the Pennsylvania Lemon Law does not provide direct coverage for used vehicles here in PA, it should be clear that there are many other laws that do provide protections and remedies in the event that you purchase a defective used car in Pennsylvania.

Article Source: http://EzineArticles.com/?expert=Greg_Artim

Used Car Lemon Law in PA

Does Pennsylvania Have A Used Car Lemon Law?

Does Pennsylvania Have A Used Car Lemon Law?
By Greg Artim

Pennsylvania does not currently have a specific "used car" lemon law at this time. Fortunately, however, you may be able to bring a lemon law -type claim if you have purchased a "used" vehicle that still had some of the original manufacturer's warranty on it at the time of it's purchase.

If your used vehicle suffered a defect while under the original manufacturer's warranty, there is a federal law called the Magnuson-Moss Warranty Act that covers used cars that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a used car would be covered by this law.

The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards, and in some aspects, its better. Like the Pennsylvania Lemon Law, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim.

If the purchaser can show that the used vehicle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect, the Magnuson-Moss Warranty Act will provide relief to the purchaser. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give.

A purchaser of a used motor vehicle is a prime candidate to use this law in the event that he purchases a used "lemon", because the original manufacturer's warranty transfers to all subsequent owners of the vehicle until it expires based upon mileage or a given length of time.

In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective "used" motor vehicles. If your used vehicle has suffered a defect while still under the original manufacturer's warranty, you may be entitled to a full refund or free replacement.

Article Source: http://EzineArticles.com/?expert=Greg_Artim

Does Pennsylvania Have A Used Car Lemon Law?