Washington State, luxury car dealer settle over lemon law

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washington lemon law

The state Attorney General’s Office has settled with a Fife, Wash., car dealership that sold used luxury cars that had been repurchased under a California lemon buyback law without the necessary disclosures to customers.

McCann Motors didn’t tell the 79 unsuspecting buyers who paid up to $50,000 to own secondhand Hummers and Cadillac Escalades that the vehicles, which previously had been returned to the manufacturer, could have potential problems, the AG’s office says.

They may have negotiated differently if they had received the Lemon Law disclosures required under Washington law, said Doug Walsh, chief of consumer protection division in the AG’s office.

Washington law requires that a bright yellow flier be placed in the window which reads, “Lemon Law Resale Notice of Nonconformity or Serious Safety Defect.”

As part of the settlement, the dealer will contact the buyers and work out a reasonable solution. The dealership also agreed to pay $12,000 in state attorneys’ fees and costs. McCann Motors didn’t admit to any wrongdoing.

The state’s complaint and settlement were filed today in Pierce County Superior Court.

August 11th, 2008


Massachusetts Lemon Law

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If you live in Massachusett and is interested in buying a car learn the lemon law of that state, it could save you a tonne of money and headaches

First, the law only applies if you have a car less than a year old with fewer than 15,000 miles. It must have problems that affect the vehicle’s use, safety, and value. The manufacturer or dealer is allowed three tries to fix the problem, or until the car has been out of service for 15 days.

If the problem continues, you have to give the auto maker one more chance. They have up to seven business days to remedy the problem. If they fail or refuse, you can demand (by certified mail) a refund or replacement. If they don’t comply, an arbitration process begins. For more information, click on the Lemon Law link at www.mass.gov/oca.

August 11th, 2008

California Buyers didn’t get Lemon Law disclosures

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By PHUONG CAT LE

Seventy-nine customers who bought secondhand Hummers and Cadillac Escalades from a dealership in Fife didn’t get all the legal disclosures about the vehicles’ history, according to the state Attorney General’s Office.california lemon law

The AG’s office reached a settlement Friday with McCann Motors in which the auto dealership agreed to notify the customers of what happened and offer to work out a suitable resolution. The dealership did not admit wrongdoing but agreed to pay $12,000 in state attorneys’ fees and costs.

Buyers didn’t get a notice that the cars were reacquired by their manufacturer under California’s Lemon Law before being resold in Washington, the office said.

If you buy a car in Washington, the state’s Lemon Law and other consumer laws protect you by requiring certain disclosures about the vehicle.

“The price of prestige probably was too high for some of these buyers who paid up to $50,000 for luxury cars but may have negotiated differently had they received the required Lemon Law disclosures,” consumer protection division chief Doug Walsh said.

The buyers signed paperwork that included a notice that the cars had been repurchased under a California Lemon buyback law, but they didn’t get special disclosures that the state contends would have made it more obvious that these cars could have potential problems, he added.

State law requires that a bright yellow flier be placed in the window of the car that reads “Lemon Law Resale Notice of Nonconformity or Serious Safety Defect” and that customers get documents telling them that the title will include a statement that the vehicle was previously returned to the manufacturer and this may affect the vehicle’s future resale value.

The state alleged that failure to provide those disclosures violated state laws.

August 9th, 2008

Florida Lemon Law can protect you from buying a bad car

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Q. I bought a new car recently and it has been a pain. I’ve brought it back to the dealer to get it repaired three times, and every time I get it back it seems to have another problem. The reason I got a new car was to avoid these kinds of problems. How does the state’s Lemon Law work and will it help me?

If you bought the car new in Florida, it could. There are a fair amount of hoops, though.

First, the problem has to something that “impairs the use, value or safety” of the car. If that is the case, you then have to have had the car (and documented it) toe the dealer or an authorized service shop at least three times for the same problem or have had the car out of commission for 15 total calendar days.

If that applies, you then have to notify (certified mail, with a receipt) the manufacturer of your claim under the Lemon Law. You should use this form: www.800helpfla.com/pdfs/DefectNotificationform.pdf

You then have to give the manufacturer one last shot at fixing your car. After that, you can request arbitration to resolve the situation.

For more information, go to www.800helpfla.com/lemonlaw/lemon-text.html

Q. I used a car service out of West Palm Beach recently and the driver didn’t know where he was going, the car was filthy and the driver was just plain rude. A friend told me that cabs and limos have to have a special license and permit. I’ve never noticed anything official-looking in the car I was in. What is the law?

A. In Palm Beach County, so-called vehicles for hire must have a county-issued permit, and all drivers have to wear an identification badge issued by the county’s Consumer Affairs office.

The licensing rules set minimum standards for the companies to try to ensure their vehicles are safe and insured.

In 2007, two companies were stripped of their permits for failing to get the proper insurance. AA Limousines of Delray Beach and Big Apple Limousine Service, which operates out of Pompano Beach, both had their right to operate in the county revoked. Big Apple, however, did straighten out its situation and, as of early August, had a valid license.

Having a regulated industry can give an advantage to consumers. If you run into a problem with a car service, whether it is a taxi or a limo, you can contact Palm Beach County Consumer Affairs and lodge a complaint. The number is (561) 712-6600.

Go to www.pbcgov.com/publicsafety/consumeraffairs/forhire/ to find out more about the rules and to get a list of licensed companies.

August 5th, 2008

Stuck Driving a Lemon: Used Cars Does and Don’ts

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used car lemon lawATLANTA–(BUSINESS WIRE)–With consumers paying high prices for gas, some owners of larger vehicles are trading in their gas-guzzlers for smaller, more fuel-efficient vehicles. According to the National Automobile Dealers Association, the average price of a new car sold in the United States is $28,400. With new cars costing a pretty penny, more and more consumers are considering used vehicles to save even more money. While many prospective buyers aim to find a car at the right price, its important to not forget safety and reliability.

Before purchasing a used vehicle, its essential to find out as much as you can about the vehicles maintenance history and any existing mechanical problems.

A rigorous test drive and a thorough inspection done by an ASE-certified automotive technician are the best ways to make sure the used vehicle you are considering buying is in good condition, says Bob Arlotta, NAPAs 2008 Technician of the Year.

According to Arlotta, inspections typically cost around $90, but if the technician discovers a major defect, you have saved yourself a big headache and potentially thousands of dollars. When inspecting a used vehicle, experienced technicians traditionally check the following areas for existing problems and possible warning signs:

Body

  • Floor wells, doors and lower sills are checked for red stains and dimpled or bubbled paint, which can be signs of impending rust.
  • The vehicles panel surfaces are inspected for hail damage and overall fit, as loose side panels may indicate past accident damage.

Under the hood

  • The overall appearance of the vehicles engine is important to have inspected as any build-up of dirt or oil can indicate mechanical problems. Dirty and/or thick engine oil and noticeable sludge in the engine may indicate a lack of routine maintenance by the previous owners. Also, grey or milky colored engine oil may signify the presence of water, which can cause serious engine malfunctions. Any rattling noises heard while the engine is idle can mean incorrect tuning or excessive wear.
  • When inspecting the transmission, technicians test for smooth gear changes and listen for any rattles or knocking noises. On front-wheel drive vehicles, these noises can indicate worn constant-velocity joints.
  • Radiator coolant should be clean and brightly colored. Oil in the coolant may indicate a cracked cylinder head or a leaking gasket. Radiator cooler fins and core tubes are also typically checked for corrosion or damage.
  • The vehicles battery is checked for acid corrosion and remaining life.

Underneath the vehicle

  • Tires are checked for uneven wear, which may indicate worn or misaligned steering or suspension.
  • The engine, transmission, axles, brakes, power steering and shock absorbers are assessed for oil leaks.
  • The exhaust system is tested for fumes or excessive noise, which can indicate holes or rust in the pipes or muffler.

Road test

  • During a test drive, technicians look for excessive leaning or wandering on straight roads, which can be a sign of worn suspension or misaligned steering.
  • The vehicle should stop smoothly and in a straight line. The pedal should not sink to the floor or feel spongy, and the steering wheel should not vibrate.

Unless you have experience repairing vehicles, its probably a good idea to have the vehicle inspected by your regular automotive technician, says Arlotta. Spending a little bit of money to learn about a vehicles history and find out its current mechanical state will help you make an educated decision about your used vehicle purchase.

If you have already purchased a questionable vehicle, take some time to research your states lemon laws to see if you qualify for reimbursement or vehicle replacement.

NAPA AutoCare Centers offer a preventive maintenance program that includes a complete inspection and regular monitoring of vehicle systems. Additionally, all qualifying services and repairs are covered by a 12-month / 12,000-mile Peace of Mind Warranty, good at more than 12,000 NAPA AutoCare Centers nationwide. Consumers can learn more about these programs by contacting their local NAPA AutoCare Center or by visiting www.NAPAAutoCare.com.

July 31st, 2008
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