Knowing the lemon laws is not enough. In USA, lemon laws take numerous forms across states. In fact, when you are plagued by a problematic vehicle it is always the best policy to hire the help of a lemon lawyer who specializes in the particular lemon laws of your state.
The Wisconsin Lemon Law came into effect from November 3, 1983 and is applicable to new vehicles (car, truck, motorcycle or motor home, to be precise), rented vehicles and all used vehicles that have been bought within the warranty period.
A quick glance at the major points of the Wisconsin Lemon Law throws up the following. In the first place, a vehicle is classified as "lemon" in Wisconsin if
- It has been bought or rented in Wisconsin,
- It is showing signs of strain within the first year of purchase
- It is showing signs of breaking down before the guarantee period has terminated,
- Within the first year of purchase or within the warranty period, four tries by the manufacturer has failed to fix its problems,
- It was non-functional for 30 days (need not be consecutive) during the first year of acquisition or within the warranty period.
An interesting facet of the Wisconsin Lemon Law is that it makes a difference between minor and major malfunctions. You are eligible to apply for compensation or refund or replacement claim under the lemon law only if your vehicle has a serious, that is a major malfunction. So it's no use crying foul if your car has a broken headlight or something equally inconsequential.
And speaking of the major and minor malfunctions, it is always worth knowing the nonconformities of the Wisconsin Lemon Law. They are:
- Conditions that do not affect the use, worth or safety of the vehicle,
- Items not covered by the manufacturer's warranty,
- Situations like poor acceleration of a vehicle with a small vehicle or when heavy steering has been employed on a vehicle without power steering,
- Conditions arising out of incorrect maneuver, misuse, neglect or unauthorized alterations to the setup.
Usually claimants have one or more sore points about lemon laws, but even the most stern claimants cannot help but praise the Wisconsin Lemon Law, which sets no deadline to file your lawsuit; instead the court will decide whether your case is too old to take up.
Under the Wisconsin Lemon Law, you are entitled to a quite a handsome compensation package. It may consist a reimbursement of the vehicle's purchase price plus collateral costs (less a reasonable allowance for use) or a similar new vehicle plus the collateral costs. These collateral costs include repair outlay on the nonconformity and alternative conveyance expenses.
If the manufacturer, who has apparently not taken your claims seriously, doesn't respond to your relief appeal within 30 days and you win at the court, you can pocket double damages, cost of the lawsuit and a lion's share of the lawyer's fees, plus any relief that the court thinks you are entitled to.
With the Wisconsin Lemon Law there are not many chances of your money going down the drains if you are found ineligible to compete for the lemon law. Your problematical vehicle, if it qualifies, can always find refuge by filing for a claim for misrepresentation, breach of warranty or breach of contract, among a host of others.
The Wisconsin Lemon Law is very considerate towards the plight of the one with the defective vehicle and especially shields from the cunning offers of the crafty vehicle manufacturers. Thus, if the manufacturer hands you a lengthy and pricey damage deduction list when you go to him for a refund or compensation, you can gleefully quote the Wisconsin Lemon Law. According to law, you are not liable to pay for normal wear and tear, such as minor dents, scratches, pitted glass, grubby carpets or slight stains.
Under the Wisconsin Lemon Law, justice is never denied nor delayed.
Summary of Author: Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.
Article Source: http://EzineArticles.com/?expert=Kevin_Bishop
Showing posts with label national state local. Show all posts
Showing posts with label national state local. Show all posts
Tuesday, November 2, 2010
Saturday, October 30, 2010
Wisconsin Lemon Law - State With the Strongest Lemon Law Compliance
Buying a vehicle is a lifetime investment for the buyer. To protect this investment Wisconsin has certain laws and procedures. There are a few warranties provided with the vehicles to protect the consumers. Only an experienced attorney will be able to guide you through the procedures and can advise you on what is right or wrong.
Wisconsin lemon law is considered as the strongest in the country and has been providing protection for more than 24 years. From cars, trucks, semi-trucks, motorcycle everything can be protected under this law. Once your car is considered a lemon then obtaining a relief should be done with care. This can be done by an attorney as he will give you an insight on how to go about it. The vehicle falls under the lemon category if it has constant defects. These defects should be not only covered by warranty but it should also occur under the first year of the warranty coverage. Each state has lemon law and they vary from state to state.
Wisconsin's law is considered as the safest and also strongest. The law even allows you to get double the amount for your damages if you win the lemon law case. The manufacturer has to pay the attorney fees too. This law is even applicable for the commercial vehicles. There are some states where commercial law has no protection or mileage limitation. It is believed that a consumer whose vehicle comes under lemon the manufacturer can try four times to repair the defect and bring back the vehicle to the normal condition; if not then the consumer can file a lawsuit.
Get to know more about the Wisconsin Lemon Law so that you can find a solution for your car. The collateral costs include repair costs and if you have used any other vehicle for alternative transportation. Not only that as per law the any additional things which the consumer may have brought in for the damages can be reimbursed. If that is the case the court has the right to order the manufacturer to repay twice the amount of the loss including the attorney fees and any other equal expenses incurred. Before filing law suits consult with the attorneys so that you will get the overall idea of what Wisconsin's lemon law is. This will help you to know whether you can claim under Wisconsin's lemon law. Always have a written copy of the repair documents.
Wisconsin lemon law is considered as the strongest in the country and has been providing protection for more than 24 years. From cars, trucks, semi-trucks, motorcycle everything can be protected under this law. Once your car is considered a lemon then obtaining a relief should be done with care. This can be done by an attorney as he will give you an insight on how to go about it. The vehicle falls under the lemon category if it has constant defects. These defects should be not only covered by warranty but it should also occur under the first year of the warranty coverage. Each state has lemon law and they vary from state to state.
Wisconsin's law is considered as the safest and also strongest. The law even allows you to get double the amount for your damages if you win the lemon law case. The manufacturer has to pay the attorney fees too. This law is even applicable for the commercial vehicles. There are some states where commercial law has no protection or mileage limitation. It is believed that a consumer whose vehicle comes under lemon the manufacturer can try four times to repair the defect and bring back the vehicle to the normal condition; if not then the consumer can file a lawsuit.
Get to know more about the Wisconsin Lemon Law so that you can find a solution for your car. The collateral costs include repair costs and if you have used any other vehicle for alternative transportation. Not only that as per law the any additional things which the consumer may have brought in for the damages can be reimbursed. If that is the case the court has the right to order the manufacturer to repay twice the amount of the loss including the attorney fees and any other equal expenses incurred. Before filing law suits consult with the attorneys so that you will get the overall idea of what Wisconsin's lemon law is. This will help you to know whether you can claim under Wisconsin's lemon law. Always have a written copy of the repair documents.
For more information on rules and rights of Winsconsin Lemon Law - visit my simple and impartial guide to Lemon laws: New Car Lemon Laws.
Article Source: http://EzineArticles.com/?expert=Rien_Glass
Thursday, October 28, 2010
Lemon Law in Wisconsin
The lemon law in Wisconsin is pretty simple. If the vehicle you purchase turns out to be a lemon, the manufacturer has to replace the vehicle or refund the purchase price minus a reasonable amount based on mileage.
This law only applies to new vehicles no more than a year old and is still under warranty. This includes cars, trucks, motorcycles and motor homes which you have purchased or leased as well as those used as demonstrator or executive vehicles.
The vehicle itself can only be considered defective if the dealer cannot fix it after four tries or if the problem prevents you from using it for more than 30 days which does not have to be consecutive. This means that it should seriously affect the use, value or safety of the vehicle.
Unlike other states where there is a deadline given to which you have to file a suit, Wisconsin doesn't but a judge will be the one who will decide the merits of the case.
Before you file a case, you should get a repair order for reach visit even if the shop does not diagnose the problem or attempt to do any repairs because this document shows that the problem you encountered was reported and the date it was brought in the shop. You should also keep contracts and warranties in a safe place so this will easily be found when it is needed.
The best place to get help if you have a lemon is to get assistance from Wisconsin's Department of Transportation since they have the proper forms to request the manufacturer for a refund or replacement vehicle. They will also be able to give you more information about how to exercise your rights as a consumer under the law.
Once the form has been filled up, this has to be mailed to the manufacturer's address that can be found inside the user's manual. You should probably send this through certified mail to make sure that it was received.
The manufacturer has 30 days to respond to your request. If you are asking for a refund, aside from the full purchase price they have to include sales tax, any finance charges and collateral costs again minus the mileage. If you are getting a replacement, the manufacturer should only refund your collateral costs and charge nothing from mileage.
Collateral costs refer to alternative transportation expenses because the vehicle was in the shop, towing charges if the vehicle broke down in the middle of the road and repairs costs that were incurred to try and fix the problem.
If the manufacturer refuses to give you a refund or replacement, you can consider an arbitration program. This is free and you don't need a lawyer. In fact, most car companies have one and you are required to go through the process if it is certified.
But if it is not certified by the state, you are not required to. Instead, you can hire an attorney and take this matter to court so the judge can decide on the matter. If you sue the manufacturer and win, you may get double the vehicle's purchase price plus other costs including the attorney fees.
The lemon law is quite complex so it is best to hire a lawyer that specializes in it. You can look for someone in the directory or get help from the State Bar of Wisconsin Attorney Referral Service or the WisBar Layer Referral and Information Service.
This law only applies to new vehicles no more than a year old and is still under warranty. This includes cars, trucks, motorcycles and motor homes which you have purchased or leased as well as those used as demonstrator or executive vehicles.
The vehicle itself can only be considered defective if the dealer cannot fix it after four tries or if the problem prevents you from using it for more than 30 days which does not have to be consecutive. This means that it should seriously affect the use, value or safety of the vehicle.
Unlike other states where there is a deadline given to which you have to file a suit, Wisconsin doesn't but a judge will be the one who will decide the merits of the case.
Before you file a case, you should get a repair order for reach visit even if the shop does not diagnose the problem or attempt to do any repairs because this document shows that the problem you encountered was reported and the date it was brought in the shop. You should also keep contracts and warranties in a safe place so this will easily be found when it is needed.
The best place to get help if you have a lemon is to get assistance from Wisconsin's Department of Transportation since they have the proper forms to request the manufacturer for a refund or replacement vehicle. They will also be able to give you more information about how to exercise your rights as a consumer under the law.
Once the form has been filled up, this has to be mailed to the manufacturer's address that can be found inside the user's manual. You should probably send this through certified mail to make sure that it was received.
The manufacturer has 30 days to respond to your request. If you are asking for a refund, aside from the full purchase price they have to include sales tax, any finance charges and collateral costs again minus the mileage. If you are getting a replacement, the manufacturer should only refund your collateral costs and charge nothing from mileage.
Collateral costs refer to alternative transportation expenses because the vehicle was in the shop, towing charges if the vehicle broke down in the middle of the road and repairs costs that were incurred to try and fix the problem.
If the manufacturer refuses to give you a refund or replacement, you can consider an arbitration program. This is free and you don't need a lawyer. In fact, most car companies have one and you are required to go through the process if it is certified.
But if it is not certified by the state, you are not required to. Instead, you can hire an attorney and take this matter to court so the judge can decide on the matter. If you sue the manufacturer and win, you may get double the vehicle's purchase price plus other costs including the attorney fees.
The lemon law is quite complex so it is best to hire a lawyer that specializes in it. You can look for someone in the directory or get help from the State Bar of Wisconsin Attorney Referral Service or the WisBar Layer Referral and Information Service.
| Article Source: http://EzineArticles.com/?expert=William_Allen_Yap | |
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