RODRIGUEZ: Lemon law for homes would benefit buyers – Seguin Gazette-Enterprise

What happens if you buy a poorly constructed house in Texas? If you buy a faulty car, you have a “lemon law” to remedy the problem. If you buy a faulty product at the store, you have a return or replacement policy. But unfortunately, if you buy a faulty constructed house your options are limited, and perhaps the Texas state legislature should address it.

Thanks to the loosening of federal mortgage insurance requirements in name of “affordable housing” in the late 1990s, home building and the mortgage industry experienced a boom. Many houses were built overnight by cutting corners for quality in the name of “affordability.” Negligent construction produced houses with leaky windows, defective electrical systems and plumbing, or bad foundations.


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This article was not written by Michigan Lemon Law.
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Written by: George Rodriguez

The Philippine Lemon Law – Sun.Star


RECOGNIZING that a motor vehicle is a major purchase or investment of buyers in order to improve businesses, security and living conditions, the joint Houses of Congress finally enacted a Lemon Law similar to the warranty of cars purchased abroad.

President Benigno S. Aquino on July 15, 2014, approved and signed into law Republic Act (RA) No. 10642, or the Philippine Lemon Law that defines the protection of consumer in relation to the purchase of brand new motor vehicles.

So, what is the basic principle of the Philippine Lemon Law? The basic policy of the Philippine Lemon Law is to promote the full protection of the rights and welfare of consumers in the sale of motor vehicles against business and trade practices which are deceptive, unfair or unfavorable to consumers and their interests.

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According the RA, the Philippine Lemon Law covers brand new motor vehicles purchased in the Philippines that are reported by a consumer to be in nonconformity with the standards or specifications of the vehicle’s manufacturer or distributor within twelve (12) months from the date of original delivery to the consumer, or up to twenty thousand (20,000) kilometers of operation after such delivery, whichever comes first.

As defined, the Department of Trade and Industry (DTI) is the sole agency tasked to implement the Philippine Lemon Law. The motor vehicle covered under the Lemon Law must be brand new and this means that it is constructed entirely from new parts, covered by a manufacturer’s express warranty at the time of purchase. Also, the motor vehicle must not have been sold nor registered with the Department of Transportation and Communications (DOTC) or any appropriate agency and must not have been operated on any highway of the Philippines, or in any foreign state or country.

According to the information released by DTI on its website, when nonconformity is found on a brand new motor vehicle within twelve (12) months from its date of original delivery, a consumer may bring it before the concerned manufacturer, distributor, authorized dealer or retailer for repair. During repair and the period of availment of the Lemon Law rights, the consumer, as agreed with the concerned manufacturer, distributor, authorized dealer or retailer, shall be provided with a service vehicle or daily transport allowance which covers the transportation expenses of the consumer to and from his/her house and regular workplace or destination. If after at least four separate repair attempts and the defect or nonconformity remains unresolved, then the consumer can demand his or her Lemon Law Rights to the concerned manufacturer, distributor, authorized dealer or retailer.

Following to filing the said notice, the consumer may bring the defective or nonconforming motor vehicle to the concerned manufacturer, distributor, authorized dealer or retailer for a final attempt to address the complaint according to his/her satisfaction. In case the final attempt to address the defect or nonconformity fails, the consumer may bring his/her complaint before the DTI.

However, any modifications not authorized by the manufacturer, distributor, authorized dealer or retailer, abuse or neglect of the brand new motor vehicle and damage to the vehicle due to accidents and disasters may devoid the buyer’s claim for Lemon Law benefits.

So, how will Lemon Law related consumer complaints be resolved?
Accordingly, the DTI shall settle Lemon Law-related consumer complaints in accordance to dispute resolution mechanisms such as mediation, arbitration and adjudication. This means that under mediation, a conference or negotiation for both parties may happen to settle their dispute amicably and this shall not exceed ten working days. In the event that mediation fails, the complainant and respondent may voluntarily undertake arbitration proceedings wherein a third party who is chosen by both parties, will decide on the case. Should both parties choose not to undertake arbitration, at least one of them may commence adjudication proceedings wherein a DTI Adjudication/Hearing Officer will decide on the case.

Adjudication proceedings shall not exceed twenty working days. In case the DTI finds that there is no defect or nonconformity on the motor vehicle, said office shall rule in favor of the manufacturer, distributor, authorized dealer or retailer and direct the consumer to reimburse the costs incurred by the latter in validating the consumer’s complaints.

However, if a returned motor vehicle is sold to consumers, the manufacturer, distributor, authorized dealer or retailer must disclose that the motor vehicle was returned and the reason that caused its return. Non-disclosure of information on the resale of returned motor vehicles is a violation of the Lemon Law. If found to have violated the provisions on disclosure on resale, the manufacturer, distributor, authorized dealer or retailer shall be liable to pay One hundred thousand pesos (P100,000) as damages to the aggrieved party without prejudice to any civil or criminal liability that may be incurred under existing laws.


Published in the Sun.Star Baguio newspaper on January 06, 2015.

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Couple sue car dealer under 'Lemon Law' for allegedly malfunctioning Corvette – The Louisiana Record

Gran Turismo 5GRETNA – A couple is suing a local new car dealer after the engine and transmission of a Chevrolet Corvette they bought allegedly failed shortly after purchase and they were not offered a proper replacement.

Mite Meggs Jr. and Corrine Meggs filed suit against Lesson Chevrolet Company Inc. and General Motors LLC in the 24th Judicial District Court on Sept. 26.

The Meggses allege that on Oct. 3, 2013 they bought a new 2014 Chevrolet Corvette from Lesson Chevrolet Company for $56,135.  The plaintiffs contend that over six months after purchasing the car, it began shaking and making bad sounds and they brought it into the dealership with an engine problem at which time they were told the car would need a new engine and transmission. The Meggses assert they made a deal with the defendants in which they would receive a 2015 Chevrolet Corvette that had a different engine to ensure a similar situation would not reoccur and because all of the 2014 car models at the dealership had the same engine which they did not trust. However, the plaintiffs claim that when they received the 2015 Chevrolet Corvette model it was more costly due to different features and in fact had the same engine as the car they had before.

With $30,000 left on their car loan the Meggses allege they asked for a return of the money they had paid on the car instead and the defendants turned them down. In addition, they filed suit under Louisiana’a Lemon Law because the defendants allegedly did not take any action or offer to repair the damaged vehicle.

The defendant is accused of breach of warranty and violating Louisiana’s Lemon Law.

An unspecified amount in damages is sought for the return of the value of their trade in vehicle at $31,982.56, all monthly payments made on the Corvette, all insurance payments paid on the period they did not have the vehicle, early payoff penalty of the loan, the bank of the car loan, emotional distress, attorney’s fees and court costs.

The Meggses are represented by Miles G. Trapolin of the New Orleans-based Trapolin Law Firm.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case no. 742-841.

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Written by: Kyle Barnett

Lemon law only for new vehicles – courierjournal

Q: I purchased a 2011 Ford F150 pickup truck from a local used car dealer.  The truck looked very nice and the questions that I asked about the truck were answered to my satisfaction and it only had 24,000 miles on it and seemed to be well taken care of.  A little over a week after I bought it the transmission began to fail and it would cost about $4000 to fix or replace.  The place where I bought the truck said they would see if they could help me find a transmission at wholesale and that’s all they were willing to do.  I obviously bought a lemon and I think Alabama has a lemon law.  Does it apply in this case?  

Donnie, Moulton, AL

  

A: Unfortunately, you only get the warranty that you agree upon when you purchase a used vehicle unless it is still under the manufacturer’s original warranty.  A car bought “as is” has no warranty.  

Alabama does have a lemon law and it is found at Alabama Code §8-20A-2 but it only applies to new vehicles.  

For the lemon law to apply the motor vehicle has to be out of service and in the care of the dealer for a cumulative total of 30 calendar days due to repair attempts.  The dealer gets three repair attempts plus one additional attempt by the manufacturer to fix the car.  

If, after reasonable attempts to fix the car have been made, either by repairing or correcting the condition of the motor vehicle which occurred within 24 months or 24,000 miles whichever first occurs, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund the following:  full contract price, sales tax, license and registration fees and all finance charges incurred by the consumer after he first reported the nonconformity. 

When buying a used car, you do have the option of having a pre-purchase inspection by a reputable mechanic.  You also have the opportunity to ask for a period of time in which you can return the car.  You could also ask for a 30 day warranty.  

I have dealt with cases years ago where people would buy commercially available for used cars.  The limited experience that I can share is that, at least for the ones I saw, they were completely useless.  That’s not to say that there may be some commercially available warranty for used cars that may be reputable and give good service if needed.  

Remember that Alabama’s Lemon Law only applies to new vehicles.  If your bill of sale indicates that you bought the car with the agreement and understanding that it was purchased “as is” there is no warranty.  

Buckle up and drive safely. 


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Written by: by Thomas McCutcheon

Lemon laws – WSOC Charlotte

Action 9 put together this information on lemon laws and how they can affect you.

What’s a Lemon Law?
Lemon laws vary from state to state.  They usually require manufacturers to fix any defects that impact the safety, value or use of a new car, truck or sometimes a motorcycle.

What’s Covered
Depending on the state, your car may be covered if:
– You tell the manufacturer about the problem in writing and give them a reasonable time period to make the necessary repairs.
– The car has been repaired for the same problem several times.
– The car has been out of service for 20-30 days (depending on the state) during a 12-month period of the warranty.
– The manufacturer’s efforts to fix the vehicle are unsuccessful.

How Long am I Covered?
    The North Carolina Lemon Law requires manufacturers to fix covered defects within the first 24 months or 24,000 miles (whichever comes first.) 
    The South Carolina Lemon Law requires manufacturers to fix covered defects within the first 12 months or 12,000 miles (whichever comes first.)

Federal Lemon Law
The Magnuson-Moss Warranty Act is enforced by the Federal Trade Commission. It protects you and your warranty in the event that someone other than the dealer did the work on your vehicle and makes it illegal for the manufacturer to void your warranty in this case. But remember, there are situations where a repair may not be covered. 

What You Should Do
Make sure you read your warranty carefully and know what it does and doesn’t include. Keep all of your service records and receipts, no matter who does the work.

Resources:
NC Attorney General’s Office
SC Department of Consumer Affairs
BBB Lemon Law 
Federal Trade Commission 

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DTI to resolve first case under Lemon Law – ABS CBN News

MANILA — The Department of Trade and Industry (DTI) will finally take over a case that will test the newly implemented Philippine Lemon Law.

Mediation efforts between businessman Ricardo Nolasco Jr. on one side and Audi Motorcars Inc. and its dealer PGA Cars Inc. on the other have failed, opening the case to adjudication by the DTI.

In an October 10, 2014 notice, the DTI said: “However, efforts to encourage both parties to settle their differences or at least come to terms failed.”

It added: “Wherefore, the subject issues/concerns raised by the party complaining are deemed submitted for adjudication.”

Nolasco said he bought a brand-new Audi A6 3.0 TDI in May, which he later found out to have defects.

He said the car “showed signs of defects as erratic and/or random error messages kept appearing on the dashboard, which were very alarming and misleading.”

He said the car was brought to the dealer several times and was made to believe that the defects have been fixed.

Later, however, the error messages returned and not only caused alarm “but actually impaired and/or affected the performance of the subject.”

Nolasco added that the electronic suspension and steering wheel became “hard to handle.”

He said he “became very much concerned as to its safety and performance not only for himself but also for his family and any other person who will ride said vehicle.”

Finally, on August 27, he wrote a letter to Audi Philippines head Benedicto Coyiuto seeking a refund or a replacement but Nolasco said his complaint went unheeded.

He then asked the DTI to compel Audi and/or PGA “to replace the motor vehicle with a similar or comparable motor vehicle in terms of specifications and values, subject to availability; or accept the return of the motor vehicle and pay the complainant the purchase price plus the collateral charges; and in both instances, pay the complainant a reasonable daily transportation allowance to compensate for the non-usage of A6 3.0 TDI during the period of the availment of the Philippine Lemon Law rights.”

The new law, which protects new car owners from factory defects, allows the buyer to secure a refund or replacement if repairs prove useless.

A provision also provides that “in the event that both parties do not undertake arbitration proceedings, at least one of the parties may commence adjudication proceedings, administered by the DTI.”

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Audi PH responds to Lemon Law complaint – Inquirer.net

PGA Cars claims A6 is now in perfect running condition

audi-A6-2After the filing of a consumer complaint invoking the new Philippine Lemon Law, PGA Cars, Audi’s Philippine distributor, has issued a statement:

In light of a recent complaint filed by retired Air Force colonel Ricardo L. Nolasco regarding an allegedly defective Audi A6 TDI he purchased last May 30, 2014, Audi Motorcars emphasized that Republic Act No. 10642 – otherwise known as “The Philippine Lemon Law” – is completely not applicable in this case. “In the first place, the car is not defective; the Lemon Law protects consumers against ‘lemons’, or substandard cars. The vehicle is most assuredly not a lemon,” stressed Lito Jose, Sales and Marketing Director of Audi Motorcars, Inc. “Audi is one of the leading and most respected luxury automotive brands in the world, and we make sure to uphold this proud heritage in the Philippines,” he added.

It was confirmed that the Audi A6 TDI was given full clearance to be released last September 2, 2014 after passing comprehensive diagnostic testing, but the owner has thus declined to retrieve his vehicle, have it delivered, or even test-drive it.

“Based on our records and probably that of the Land Transportation Office (LTO), it is Mr. Reynaldo Anonuevo who is the registered owner of the vehicle, thus we are doubly perplexed why it is Mr. Nolasco who filed this misplaced complaint, and not Mr. Anonuevo,” Jose emphasized. “Nevertheless, we are committed to provide the best after-sales service within our abilities”.

While the vehicle was indeed brought in for servicing, Jose clarified that these involved minor issues and were readily resolved. “There are absolutely no more concerns, and any capable mechanic will attest that it is in perfect running condition,” he noted. “In fact, one of the owner’s first complaints was that the CD player was supposedly defective. We found out that there was nothing wrong with the player, but the pirated CD he inserted could not be read”.

At present, the vehicle still remains unclaimed in the Audi Service Center along EDSA. “Frankly, we are at a loss why he filed this complaint, when the vehicle has been sitting here for over a month now, ready for retrieval,” Jose stated. “He has an Audi here that is as good as new, ready to be driven at any time,” he concluded.

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Audi becomes test case for new Lemon Law – Inquirer.net

audi-A6An Audi A6 has become a test case invoking the Philippine Lemon Law, the new legal protection for Filipino consumers who purchase new motor vehicles that turn out to be defective, has been filed in the Department of Trade and Industry (DTI).

Named respondents in a complaint filed on Sept. 22 by businessman Ricardo Nolasco Jr. were Mandaluyong City-based Audi Motorcars Inc. as the manufacturer and PGA Cars Inc. as the dealer.

Nolasco, a retired Air Force colonel and resident of Muntinlupa City, sought the replacement of the brand-new Audi A6 3.0 TDI he had bought on May 30 due to defects that could not be repaired despite multiple returns to the dealership.

A check with the DTI showed that on Sept. 29, the agency issued a notice of mediation to the parties in the case.

The Philippine Lemon Law, or Republic Act No. 10642, was signed by President Aquino only on July 15.

In his 11-page complaint, Nolasco, through his lawyers Teodoro Jumamil and Stanley Gotohio, said the new car “showed signs of defects as erratic and/or random error messages kept appearing on the dashboard which were very alarming and misleading.”

Nolasco brought the car back to the dealership four times to fix the problem.

“On the third instance the A6 3.0 TDI was brought to Audi and/or PGA for repairs, complainant Nolasco was made to believe the computer display was replaced,” the complaint said.

It said that despite assurances that “everything has been corrected and the defect will not be repeated anymore… the said erratic and/or random error messages started to display again.”

“This time, the said messages did not only cause alarm but actually impaired and/or affected the performance of the subject” as “the electronic suspension and steering wheel… became so hard and very difficult to handle,” the complaint read.

On Aug. 27, Nolasco sent a demand letter to Benedicto Coyiuto, the Audi Philippines head, invoking his rights under the Philippine Lemon Law and the 1992 Consumer Act of the Philippines under RA 7394.

When Audi and/or PGA did not heed his demands, he filed the case in the DTI, which under the law has jurisdiction over cases involving disputes covered by the Philippine Lemon Law.–Jerome Aning

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Invoke 'lemon law' – Montana Standard

It’s time to invoke the lemon law. There really is a lemon law in Montana. Bad car, use the lemon law. Bad appliance, use the lemon law.

Well, we sure have a lemon in Congress who wishes move to the Senate. It’s all about accountability to us the voters. At some point we must stop sending our lemons back to Congress. It is our responsibility to hold our elected officials accountable. We can’t forget the $23 billion Congress cost the people of our state and country during the government shutdown this past December. We should be outraged that this Congress was the least productive Congress in history. In 2010 and 2012 the campaign slogan was more jobs. So where was the jobs bill? Missing in action.

How can our current Congressmen have the nerve to con us again with the same old slogan? That’s why it’s time to invoke the lemon law.

 Richard Monaghan

200 Flint Creek Road, Ramsay

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