It happens many times. A person finds the car of their dreams. They drive it around for a few weeks when it happens. The car will not start, it makes a funny noise, or the breaks just will not do anything while stepping onto the pedal. Does the person have to pay for the repairs all by themselves? And if so, what happens when the exact same problem happens more than 3 times? It is just not fair to pay all this money on your brand new affordable car. But, one should not worry. There is a solution to all these annoying questions one just does not know how to answer. This is how the Magnuson –Moss warranty act comes into this situation. The “lemon law” is a subdivision of this act. The Magnuson-Moss warranty act, when tied with the ‘lemon law,’ helps a person of the purchased new car, ensure that they will have the rights to have a properly functioning car. The following will explain what exactly this law is and how it is applied to the state of Nebraska.
What exactly is the Magnuson-Moss Warranty Act? Cartalk explained that the act can be defined as the following. For any product that has a written warranty, if the product or any part thereof contains a defect after reasonable number of attempts, by the warrantor to repair the defect, the warrantor must either provide a refund for or replacement of the product. Autopedia explained that this is applied to any product that one can buy that does not perform, as it should. They went on to say that the magnuson-moss federal law protects the buyer of any product that costs more than $25 and comes with an express written warranty. This law can be incorporated with cars very easily. When the magnuson-moss warranty act and the lemon law tie together, the results greatly effect the rights of a car buyer. This statement was expressed both by Autopedia and Cartalk. This law guarantees a car buyer that a certain minimum requirements of warranties must be met, and provides for disclaimer of warranties before purchase, told by Autopedia. The Magnuson-Moss not only plays a role within cars, but other products as well. However, with the cars, it helps a lot when one purchases a deficit car.
The lemon law basics set many standards for car owners in Nebraska. The majority of states follow the same basic rules, but when going into detail, states vary in many ways. One major common rule upon all the states is that the manufactu...
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... with new cars. People must always think about the warranty and other factors that will help them, if the car is a lemon.
With all the information given, one can make the conclusion that a lot of cars are lemons. A lot of times, they are not dealt with properly. With the help of the Magnuson-Moss warranty act, and the lemon laws, people can be ensured that the car they have bought is safe. And if it is not, with a careful statement and good record keeping, one will be dealt with fairly. The consequence from having so many lemon cars and the dealers selling them, is that more and more people can be injured from bad selling. Hopefully, people will be able to get the cars fixed properly. With this, both consumer and manufacturer will lose less money.
Bibliography
1. Siegal,Nina. Putting the squeeze on lemon dealers. Regulating the sale of defective automobiles. Vol.62, The Progressive, 2-01-1998, pp36.
2. Author Unknown. Keep Good records if you think that car’s a lemon., The Arizona Republic, 07-31-1999, ppB5.
3.Michael Ferry; Legal Services of Eastern Missouri, Some help when buying cars., St. Louis Post-Dispatch, 04-22-1995, pp07D
4. WWW.Cartalk.com
5. WWW.Autopedia.com
When doing an evaluation of any case, you should always look at all the relevant facts and issues involved before jumping to conclusions. As for this case, Mike Thurmond, the operator of Top Quality Auto Sales, a used car dealership, has financed his dealerships inventory of vehicles by creating a financing arrangement with Indianapolis Car Exchange (ICE). ICE then filed a financing statement that listed Top Quality’s inventory as collateral for the financing. After this, Top Quality sold a Ford truck to Bonnie Chrisman, who was also a used car dealer. Chrisman paid Top Quality for the truck and then proceeded to sell it Randall and Christina Alderson, who paid Chrisman for the vehicle. In
The simple car that was easy to fix with some simple tools have now become as complex as a supercomputer on wheels. Most people today have decided that automobiles of today are too complicated and just send their cars to a professional for repairs. As of January 2013, the average age of a vehicle operating on the roads today is 11.4 years old. (Associated Press, 2013). People are holding on to their cars a lot longer than in the past. Although, some claim that it is because today’s cars last longer. There is no doubt that today’s economy is also playing a part in the public’s reluctance to part with their older vehicles. However, cars will always need repairs.
The Attorney General and the Department of Motor Vehicles of several States are now putting auto dealers on notice. In the states of New York and Nevada they are warning them: “Your advertisements had better be accurate” (Knapp, Eyewitness News, 2004). Studies from the Attorney General of New York Eliot Spitzer, gives many consumer tips to finding misleading advertisements. “Push, Pull, and Drag it in, Guaranteed Trade-in $3,000!” This is a ploy slogan that really confuses consumers, especially college students. In reality, the dealers cannot pay money for a trade in no matter how much it is actually worth. The dealers can only put that hypothetical “trade-in money” toward the purchase of another car. “Dealers often raise the prices of the cars on their lots prior to this sale” (Spitzer, 2003). So in the end, you are really not getting much of a bargain. When watching a car commercial, look for the details in getting this new car for your “push or pull,” there should be a description of how much money must be put down at the time of the trade. If this is not being done, you can report the violating car dealer to your state attorney general’s office.
Zywicki, Todd. "The Auto Bailout and the Rule of Law." National Affairs. N.p., 2011. Web. 26 Nov 2011. .
"Ford v. Wainwright." LII / Legal Information Institute. Legal Information Institute, n.d. Web. 19 Feb. 2014.
This design defect, however, does not mean that the plaintiff is awarded since the design defect was not the proximate cause of injury for Cheyenne. Due to Gordon’s modification of the seat belt, Ford is not liable for the injuries that Cheyenne suffered. Stark ex. rel. Jacobsen v. Ford Motor Co., 365 N.C. 468, 472, 723 S.E.2d 753, 756 (2012). The evidence supports the idea that her spinal cord injury was a direct result of placing the seat belt behind her back. Preemption as a theory that would bar the Starks from recovering does not apply in this case, since the federal government’s regulations do not make manufacturers immune to design defect claims. Stark’s claims of inadequate warnings likewise do not apply since the misuse of the product, it’s alteration, is the proximate cause of injury. Had the modification of the seat belt not been the proximate cause of injury, and instead a contributing factor, the court might have decided that Stark was only twenty percent responsible for the injury that occurred. This amount of contributory negligence would not have barred them from recovering, according to Indiana Statutes, and Ford would have been liable for the
Krum, the court ruled that when the defendant sold ice cream to the plaintiff, he did so with the implied warranty that it was fit for human consumption, and referring to a previous case, determined that this implied warranty was necessary to the preservation of health and life (GRADUATE RESOURCE, Race v. Krum, 118 N.E., at P#2 and #4, (1918)); similarly, in Klein v. Duchess Sandwich Co., the court ruled that privity between the manufacturer and the ultimate consumer was not essential for recovery of damages as this recovery would not impose a greater burden on the manufacturer or on the immediate seller of the food than it would be if the original purchaser had been injured (GRADUATE RESOURCE, Klein v. Duchess Sandwich Co., Ltd., 14 Cal.2d 272 (S.F. No. 16626., at Pgs. 13-14
Lahman, Larry D. 2005. Bad mule: A primer on the Federal False Claims Act. The Oklahoma
The world of technology is ever changing and advancing. With the automotive industry in play technology is constantly surpassing what is available today with what can be done for tomorrow. Technology and the automotive industry go hand in hand with constant improvement to components of cars. Due to technology advancement there is competition within the car industry, especially between American car companies and European car companies. European car companies provide their buyers with innovative variety and revolutionary luxuries. European car technology is superior to American car technology due to their safety, entertainment, and luxury features.
When one goes to buy a used car they should look for some key things,
Over the last couple of years, Tesla Motors has fought many legal and legislative battles in a large number of states over proposed or current state laws that try to stymie Tesla’s unique factory-direct sales and service model. In most cases—Massachusetts, New York, and North Carolina, among others—Tesla has managed to stave off the proposed laws, which are typically backed by franchised car dealers, or it has won lawsuits based on current laws that were brought by dealer groups. But in Texas, which has the nation's most Draconian anti-Tesla rules, the company's lobbying efforts have run into a brick wall.
Like in our book The Legal Environment of Business stated, “any person, who is injured by a product may bring a negligence suit even though he or she was not the one who actually purchased the product”. Therefore, no, priority of contract would not be required for Kolchek to succeed in a product liability action against Great Lakes because the buyer does not need to have to directly involved with the manufacture, as long as the product was made from the manufacture itself.
There are many different automobile companies providing buyers with many styles of cars, trucks, SUVs, and motorcycles. Toronto Star January 14, 2005 present ways to approach the automotive buying process. There are many different surveys, crash reports, and rating systems comparing different companies and their vehicles. Things you should look for when reading these published articles are who conducted the study? Who paid for it? Who gains from it? Who loses? These are all things to keep eye on as some automotive companies will run their own surveys making their products seem overpowering against the competition. Some prove their products are safer then the competition where the competition has been proven time and time again to make that survey seem inaccurate.
The American automobile manufacturers understand that customers’ needs have to be the priority and so make what they think will satisfy the purchasing public. Americans seems to like heavy and sophisticated car, that could be the reason these auto industry manufactures such product. According to Investopedia, American loves their cars for everything including going to work and doing businesses and selling them to other parts of the world. Consumer should be immensely comfortable and satisfied with the product manufactured by industry; when consumers are not satisfied, they can make a switch to another company’s product. That is not preferable to such company. That though is the purchasing power of the consumer. Consumers have influence over a brand choice and as well can influence friends to patronize a product, which is why consumer satisfaction cannot be downplayed by manufacturers. However, not everybody appreciate this production of the American automobile industry because of the fuel and combustion engine which they argue pollute the environment and result in so many diseases and death.
George, A. (2014). Tesla talking legislative battle over dealership regulations. (cover story). Njbiz, 27 (11), 1.