free hosting   image hosting   hosting reseller   online album   e-shop   famous people 
Free Website Templates
Free Installer

Find a lawyer in your legal area of choice.
   Home    | Site Map | Locate Attorneys in your State | Find a Lawyer by City | About Us | Contact Us 

Find a Lemon Law Lawyer Continued…

- The Uniform Commercial Code

The Uniform Commercial Code or UCC, applicable in all fifty states, is the main source of law in all contracts dealing with the sale of products. Central to the code are the various aspects of the consumer's relationship with the purchased goods. These aspects are referred to as Tender, Acceptance, Rejection, and Revocation or more simply, TARR.

Tender - The tender provision of the UCC states that the buyer is entitled to reject any goods that fail to conform to the contract. Since new cars are often technically complex, the buyer does not usually know right away whether or not the goods are conforming or defective.

Acceptance - Under this condition, the new car buyer accepts the product, expecting that the manufacturer will repair any problem he has with the goods under the warranty.

Rejection – The consumer might discover a problem with the vehicle within the first few miles after purchase. Under the rejection provision of the UCC, he would be permitted to reject the product. In other words, if the new car buyer discovers a defect in the vehicle within a reasonable period of time, he may usually reject his purchase.

This period of time, however, is not defined and must be decided by the Courts based upon the knowledge and experience of the consumer, the difficulty involved in discovering the defect, and how much of an opportunity the consumer had to make the discovery.

Revocation – One of today's most common lemon car cases involves the consumer who has been driving a defective vehicle for a lengthy period of time. The UCC allows a buyer to revoke his acceptance of a product when its defect substantially damages its value, providing that the consumer first accepted the product either without discovery of the defect (because such discovery was made difficult) or with assurance that the defect would be repaired.

Proving Your Case – Helpful Lemon Law Tips

Think you've got a lemon on your hands? Follow these guidelines in order to increase your chances of a successful lawsuit:

- Document everything. It's critical that you keep copies of all documentation pertaining to the history of your vehicle, from repair orders to receipts to the actual owner's manual that came with your car when you first drove it off the lot. And you shouldn't stop there. It is also important to keep written notes outlining all the discussions you've had with repair technicians concerning the “lemon potential” of your vehicle. Be sure to include names, dates, and times in all written records.

- Make a timeline. Preparing a chronological chart which showcases by date exactly how many times your car has been out of service is an excellent way to present your case.

- Consult an attorney. If you honestly believe you've got a lemon law case against a manufacturer, consult an attorney. Do not be discouraged by car dealers and others who might tell you that your vehicular problems are minor and that you, therefore, do not qualify for compensation. Only a licensed attorney can make that determination.

By Lindsay Rech           

Related Links: