Once Bitten Twice Smitten – Lemon Recalls Make Car Buyers Wary

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Two decades ago people bought their new cars without thinking twice. There were fewer car makers, brands and simpler cars that worked without flinching and flailing. it is entirely a new story nowadays. We have now so many vehicles to choose from, models to consider, price tags to worry about and worse, the right dealership. The recalls that keep getting announced, be it the Toyota, General Motors, Honda or some other manufacturers has only complicated the task of choosing a car really daunting. A prospective car buyer cannot get into shopping for it without any apprehensions. The constant fear of landing a defective car follows him like a shadow. There is hardly a thumb rule by which one can avoid buying a defective vehicle. One shudders to hear from the manufacturer of a possible recall. A recall may or may not mean that a model is unsafe. It would be possible that even a vehicle manufacturer with no track record for any recall on his vehicle may end up recalling a few models. No vehicle manufacturer can ever guarantee you that every vehicle that leaves his yard is from any defect and that all his vehicles are reliable and safe.

As a rule the more technologically a car is advancing the more recalls it seems to be warranting. We cannot stop enjoying the smooth ride of the modern or the Hybrid cars simply because a few of their genre were recalled for a repair or two. Like any part of the growing process the evolution of safe cars need to go through many a bottleneck.

Meanwhile it would do us a lot of good by playing it safe through careful research, healthy discussion and wise selection for the safest car you can land.

National Highway Traffic Safety Administration NHTSA.GOV gives you the right numbers:National Highway Traffic Safety Administration NHTSA.GOV and the Center for Auto Safety can give you the information about recalls and potential defects. You can also have the information on complaints of the owners of various makes and models. This should give you an idea of the good, bad and the ugly.

Research thoroughly now to save you lots of angst later: Get online. Get onto the social network. It can be a very good tool to know the real life experiences of the once bitten twice smitten car buyer. Perhaps even the happy ones who can guide you through the maze of choosing a reliable car. Connect to the communities on the social network. You can directly discuss with them about the make and model you are planning to own. You can interact with the people who are knowledgeable about the car or the manufacturer. Message boards, groups or forums can make you wiser. This kind of getting into the buzz directly about a car, its model and the dealership or the manufacturers saves you time and a possible heart ache.

Reviews on the Internet: Research on the Internet is the first step to safe shopping experience. Websites like Edmunds.com authoritative sources of automotive information. It is free and this kind of information can really boost the new car research experience. Sites like these offer new car reviews, prices, dealer incentives and financing houses. You can compare five models simultaneously. Sites like TheFordStory.com even offer opinions of the members, their expectations of a manufacturer about the future cars.

Prepare for the worst, know your lemon law rights for your state: Know your lemon law rights in your state governing the sale of defective cars in case you land lemon vehicle.

CA Lemon Law

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California Lemon Law is Consumer Friendly

News is that BMW had recently bought a defective Mini Cooper back from a consumer in California. Statistics show that the chances of car manufacturers buying their defective vehicles back are much higher in California than they are in Texas. The lemon laws may be named alike but they differ in essence from state to state.

  • CA lemon law has an ‘automatic attorney fee shifting’ provision that forces the car manufacturer to pay the consumer’s attorney fees
  • In Texas, the ‘attorney fee shifting’ is not automatic
  • In Texas, during the lemon law administrative hearing, a car manufacturer is required to pay the consumer’s lemon law only if he obtains his own attorney
  • In Texas, during the lemon law administrative hearing, a car manufacturer is required to pay the consumer’s lemon law only if he provides the consumer with proper notice
  • In Texas, the car manufacturer may not hire an attorney at all
  • In Texas, he would hire car experts trained by attorneys to attend hearings on a regular basis

These considerations make California Lemon Law, the Song-Beverly Act much more consumer friendly than the Texas Lemon Law.

Texas Lemon Law for replacement or repurchase of a Defective car

Texas Lemon Law has a defined approach to allow vehicles to become eligible for a lemon law buyback or replacement.

The Texas Occupations Code states a vehicle meets the rebuttable presumption if

  • The same nonconformity remains after four or more repairs
  • The same nonconformity creates a serious safety hazard and continues even after two or more repairs
  • The nonconformity substantially impairs the vehicle’s use or market value
  • The vehicle is out of service for repairs for a total of 30 or more days

The rebuttable presumption: The rebuttable presumption is a statement that the court recognizes as the truth, unless it is otherwise established by the manufacturer or the car dealer.

The ‘Same nonconformity’ does not have to be with the same one part in the vehicle. It can be the transmission system, brake system, engine, electrical or electronic system or the body. It is very important that the consumer has to impress upon the administrative judge and the Texas Department of Transportation (DOT) case handler of the nonconformity.

Toyota recall and the Texas Lemon law

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Toyota’s recent recall regarding the unaccounted acceleration of its vehicles has led many Toyota car owners to ask if it is possible for them to get an automatic buyback, due to the recall. Toyota’s acceleration recall does not automatically qualify it as a Texas Lemon.

The answer may NOT be a prompt “yes”.

Texas Lemon Law has a set of strict guidelines

  • The consumer’s situation must fit within those guidelines to be eligible for a potential lemon law buyback
  • The Texas Lemon Law is never definitive because it is subject to an administrative judge’s ruling

In general, the lemon law requires that the consumer take the vehicle in at least 4 times unsuccessfully within the first 24,000 miles or 24 months, whichever occurs first. If the problem is considered a serious safety matter, then the law only requires 2 times. Though Toyota’s acceleration problem is arguably a serious safety defect it is up to the administrative judge at the lemon law hearing to make that decision.

If a consumer who owns a Toyota wishes to pursue the lemon law route

  • Keep written records of your repair attempt visits
  • Write down names of each person you have spoken with at Toyota
  • Send a written notice letter to Toyota regarding your lemon law concerns

Toyota’s acceleration recall does not automatically make it a Texas Lemon

If you live in California instead of Texas and wish to pursue the California Lemon Law route, call K&M for a free case evaluation.

Replace or Repair Your Lemon Vehicle

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How Can You Get the Texas Lemon Law Repurchase, Replace or Repair Your Lemon Vehicle

Are you facing repeated problems getting your new vehicle repaired?

Did you purchase this lemon vehicle from a licensed Texas dealer or manufacturer?

You can get the Texas Lemon Law help your lemon vehicle repurchased, replaced or worse get it repaired.

Vehicles covered by the Texas Lemon Law:

  • Cars, trucks, motorcycles, motor homes and ATVs
  • New and demonstrator vehicles that develop problems during the manufacturer’s written warranty
  • Towable recreational vehicles titled and registered in Texas

If the problem has started while under warranty and continues to exist, repair assistance of the warranty-related problem may be available to you. Your used vehicle may be covered under the Texas Lemon Law if it is still covered by the manufacturer’s original warranty.

When should you file a complaint?

A Texas Lemon Law complaint must be filed

  • Within the express warranty term
  • 24 months or24,000 miles following the date of delivery of the vehicle
  • As soon as you realize that the dealer is not able to repair the vehicle
  • The Motor Vehicle Board may still be able to help you get repairs under your vehicle warranty even if you are past the statutory period allowed for a repurchase.