With new, wider Lemon Law Maine car dealers are now ought to "be clear and conspicuous" when disclosing to buyers the potential purchase of a lemon vehicle from another state.
That's because "An Act To Improve the Protection for Buyers of Motor Vehicles from Vehicles Labeled Lemons in Other States" that was signed in April.
The bill becomes law 90 days after the Legislature adjourns.
States define "lemons" differently, but the term is generally used to describe a vehicle that's had major unresolved problems, despite several tries at fixing them, and that is returned to the manufacturer and resold to another customer.
Now, "anything stamped a lemon from any other part of the country, people will be notified of that," said Sen. Joseph Brannigan, D-Cumberland, lead sponsor of Maine's original lemon law and sponsor of the new legislation.
"I'm hoping any cars brought in here from flooded areas or other areas where they're declared a lemon, people will buy those only if they know exactly what they're buying," said Brannigan.
Thursday, October 27, 2011
Freightliner Verdict!
Seeman will be payed several hundred thousand dollars after a federal jury sided in favor of a Janesville father and son in a lawsuit over a defective semitrailer tractor.
The case was tried under the state's lemon law. Wisconsin is the only state that has a law that covers semitrailer trucks.
Randy Seeman and his son Jason paid more than $117,000 for the new truck in September 2007.
Their attorney said the truck developed engine problems and was in and out of several authorized repair shops around the state without a solution.
A jury in November decided that the truck had at least one problem and that the problem continued after the fourth visit to a repair shop. The jury also determined that the truck was out of service for at least 30 days because of one or more problems.
The court ordered Freightliner to pay the Seemans $255,000--twice the amount of their actual losses allowed under the lemon law. It also tacked on interest charges and other costs to push the total above $290,000.
In addition, the court ordered Freightliner to pay $225,000 on the name od Seemans' attorneys.
The case was tried under the state's lemon law. Wisconsin is the only state that has a law that covers semitrailer trucks.
Randy Seeman and his son Jason paid more than $117,000 for the new truck in September 2007.
Their attorney said the truck developed engine problems and was in and out of several authorized repair shops around the state without a solution.
A jury in November decided that the truck had at least one problem and that the problem continued after the fourth visit to a repair shop. The jury also determined that the truck was out of service for at least 30 days because of one or more problems.
The court ordered Freightliner to pay the Seemans $255,000--twice the amount of their actual losses allowed under the lemon law. It also tacked on interest charges and other costs to push the total above $290,000.
In addition, the court ordered Freightliner to pay $225,000 on the name od Seemans' attorneys.
Verdict Against General Motors!
Newman filed a complaint against GM after her attempts to have various defects in her vehicle repaired by an authorized GM dealership failed.
In reaching the verdict, the jury found that GM had been provided a "reasonable number of attempts" to repair Ms. Newman's vehicle but failed to do so. The jury awarded Ms. Newman $7,000.00 in damages representing how much she overpaid for her vehicle due to its defects along with the aggravation of being forced to live with the problems.
This verdict sends a message to all manufacturers that they need to stand behind their products and the excuse that they are 'working on a fix' for the very product they manufactured and profited from is not possible.
In reaching the verdict, the jury found that GM had been provided a "reasonable number of attempts" to repair Ms. Newman's vehicle but failed to do so. The jury awarded Ms. Newman $7,000.00 in damages representing how much she overpaid for her vehicle due to its defects along with the aggravation of being forced to live with the problems.
This verdict sends a message to all manufacturers that they need to stand behind their products and the excuse that they are 'working on a fix' for the very product they manufactured and profited from is not possible.
Verdict on "Lemon Law" Claim Against Kia!
Jury verdict of $7,500 rendered against Kia Motors America for selling Hobert and Anne Cox a "lemon" was confirmed by The Court of Appeals. The case involved Mr. and Mrs. Cox's purchase of a new 2002 "Kia Spectra" that was riddled with numerous defects. There were problems with the vehicle's hazard switch, turn signals, and cruise control that resulted in 15 visits to Kia's dealers for repair.
Kia first claimed that that there could be no " lemon law " claims as the vehicle was "totaled-out." The appellate court rejected Kia's argument and the case was sent to a Hamilton County jury for trial. The jury awarded $7,500 for the vehicle's loss in value and due to Mr. and Mrs. The Court of Appeals affirmed the verdict in its entirety. Notably, not only will Mr. and Mrs. Cox now receive the $7,500 plus interest on the verdict, but Kia is responsible to pay all of the attorneys' fees.
Kia first claimed that that there could be no " lemon law " claims as the vehicle was "totaled-out." The appellate court rejected Kia's argument and the case was sent to a Hamilton County jury for trial. The jury awarded $7,500 for the vehicle's loss in value and due to Mr. and Mrs. The Court of Appeals affirmed the verdict in its entirety. Notably, not only will Mr. and Mrs. Cox now receive the $7,500 plus interest on the verdict, but Kia is responsible to pay all of the attorneys' fees.
Replacing a lemon vehicle?
The steps you need to get done in order to get a refund or replace vehicle:
1. The first step is to determine if the vehicle qualifies as a lemon in your state. Every state has slightly different Lemon Laws that describe what factors need to be met for a vehicle to be considered a lemon. To learn the criteria for your state, visit www.yourlemonlawrights.com
2. Once it has been determined your vehicle may be a lemon, the next step is to contact an attorney. The attorney will be able to determine if you have a lemon law case. Most attorneys do not charge legal fees for Lemon Law cases as they receive their compensation from the automobile manufacturer if the attorney wins the case.
3. The final step is for the attorney to file your lemon law suit. In many cases it may take approximately 1-2 months after filing your lemon law suit for the manufacturer to provide you with a refund.
1. The first step is to determine if the vehicle qualifies as a lemon in your state. Every state has slightly different Lemon Laws that describe what factors need to be met for a vehicle to be considered a lemon. To learn the criteria for your state, visit www.yourlemonlawrights.com
2. Once it has been determined your vehicle may be a lemon, the next step is to contact an attorney. The attorney will be able to determine if you have a lemon law case. Most attorneys do not charge legal fees for Lemon Law cases as they receive their compensation from the automobile manufacturer if the attorney wins the case.
3. The final step is for the attorney to file your lemon law suit. In many cases it may take approximately 1-2 months after filing your lemon law suit for the manufacturer to provide you with a refund.
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