Lemon Law: Cars in the Courtroom - Cecil C Kuhne III cover
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Lemon Law: Cars in the Courtroom - Cecil C Kuhne III

ISBN
9781639051755
Publisher
American Bar Association
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Lemon Law: Cars in the Courtroom Cecil C Kuhne III ISBN 9781639051755

Every state in the U.S. has enacted consumer-protection legislation commonly known as lemon laws to assist buyers of new vehicles experiencing recurring mechanical problems—referred to as “warranty nonconformities”—despite repeated repair attempts by manufacturers or dealers, or when defects have rendered the vehicle out of service for extended periods.

While lemon laws may seem straightforward, they give rise to a surprising number of complex and nuanced legal issues, resulting in substantial litigation. In fact, numerous law firms nationwide specialize exclusively in lemon law cases. Key legal questions often include:

  • Should substantial impairment of a defective vehicle be evaluated objectively or subjectively “from the consumer’s perspective”?

  • Must the consumer be completely unaware of a defect before accepting delivery of the vehicle?

  • How detailed must the consumer be in notifying the manufacturer or dealer of their preferred remedy—replacement or buyback?

  • Must all accessories of a replaced vehicle also be brand new, even if they were not defective?

  • Can the consumer be required to sign a general release to receive lemon law remedies?

  • Do negotiations between the consumer and manufacturer or dealer toll the time allowed for replacement or buyback?

  • Can the manufacturer or dealer receive additional time if the consumer engages in obstructive behavior?

  • How is the line drawn between personal and business use, which may affect eligibility for lemon law protection?

  • Are leased vehicles covered, and how is title transfer handled in such cases?

  • Do lemon laws apply to demonstrator vehicles, motor homes, and motorcycles?

Organized logically to follow the progression of litigation claims, each chapter is enhanced with practice tips, providing attorneys with practical guidance to navigate the complexities of lemon law cases efficiently and effectively.

Lemon Law: Cars in the Courtroom Cecil C Kuhne III ISBN 9781639051755, 978-1639051755 & 9781639051762

Author
Cecil C Kuhne III