Lemon Law : Cars in the Courtroom / Cecil C. Kuhne III.

Format:

Book

Author/Creator:

Kuhne, Cecil C., III, 1952- author.

Language:

English

Subjects (All):

Automobiles--Defects--Law and legislation--United States.

Automobiles.

Automobile industry and trade--Law and legislation--United States.

Automobile industry and trade.

Consumer protection--Law and legislation--United States.

Consumer protection.

Physical Description:

1 online resource (141 pages)

Edition:

;2023-03.

Place of Publication:

Cleveland : American Bar Association, 2023.

Chicago, Illinois : American Bar Association, [2022]

Summary:

Every state in the country has enacted consumer-protection legislation known as a lemon laws to assist new vehicle buyers with either recurring mechanical problems (commonly referred to as "warranty nonconformities") in spite of attempts by manufacturers and dealers to repair them, or situations where the defects have caused the vehicle to be out of service for a long period of time. As straightforward as lemon laws appear, a surprising number of very interesting—and sometimes complex—legal issues arise, leading to a substantial amount of litigation (numerous firms around the country specialize exclusively in lemon law cases). Such thorny legal issues include: Is substantial impairment of the defective vehicle "to the consumer" to be judged as an objective test or a subjective one? Must the consumer be completely unaware of the noncomformity before accepting delivery of the vehicle? How specific must the consumer be in notifying the manufacturer or dealer of the consumer's selection of the remedy to either replace or buy back the defective vehicle? Must all accessories of a vehicle replaced pursuant to the lemon law also be brand new, even if not defective? Can the consumer be required to sign a general release in order to receive the remedies afforded by the lemon law? Do negotiations between the consumer and the manufacturer or dealer toll the time in which the manufacturer must replace or buy back the defective vehicle? Is the manufacturer or dealer allowed more time to replace or buy back the defective vehicle if the consumer is engaged in obstructive tactics? Where is the line between personal and business use of the vehicle which makes the vehicle ineligible for lemon law enforcement? Are leased vehicles covered under lemon laws, and if so, how is the transfer of the vehicle's title handled? Do lemon laws apply to demonstrators, motor homes, and motorcycles? Each chapter is preceded by "practice tips," and the text is organized logically to follow the progression and development of litigation claims.

Contents:

Intro

Title Page

Copyright Page

Contents

Introduction

Chapter 1: Proving Warranty Nonconformity

Chapter 2: What Constitutes Defective

Chapter 3: Obligations of the Consumer

Chapter 4: Notice of Deficiency

Chapter 5: Release Requirement

Chapter 6: Title Details

Chapter 7: Classes of Consumer

Chapter 8: Business Use

Chapter 9: Lengthy Repair Time

Chapter 10: Hard Deadline

Chapter 11: Difficult Buyers

Chapter 12: Double the Money

Chapter 13: An Expensive Lesson

Chapter 14: Subjective Standard

Chapter 15: Preexisting Conditions

Chapter 16: Defining "Comparable"

Chapter 17: Available for Repair

Chapter 18: Used Vehicles

Chapter 19: Lease Cars

Chapter 20: Vehicle Return

Chapter 21: Demonstrators

Chapter 22: Motor Homes

Chapter 23: Motorcycles

Chapter 24: Personal Injury Recovery

Chapter 25: Informal Dispute Resolution

Appendix A: State Lemon Laws

Appendix B: Model Petition

About the Author

Index

Back Cover.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Cecil C. Kuhne, III Lemon Law

ISBN:

1-63905-176-7