Alabama Lemon Law Firms and the Alabama lemon law code.

Alabama Code § 8-20A-1 through § 8-20A-6

Section 8-20A-1

Definitions

As used in this chapter, the following terms shall have the respective meanings as indicated:

(1) Consumer.

The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(2) Motor vehicle.

Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.

(3) Manufacturer.

The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

(4) Motor vehicle dealer or Authorized dealer.

The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

(5) Express warranty.

A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(6) Nonconforming condition.

Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

(7) Notice of a nonconforming condition.

A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

(8) Lemon law rights period.

The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Section 8-20A-2

Obligations of manufacturer

(a) If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

(b) If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, 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 to the consumer the following:

(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

(c) It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:

(1) The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

(2) The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Section 8-20A-3

Cause of action against manufacturer

(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that: (i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.

Section 8-20A-4

Resale of returned motor vehicle

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:

THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.

Section 8-20A-5

No dealership liability

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Section 8-20A-6

Statute of limitations

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

Generally, the Lemon Laws stipulate that if you acquire (and in several states, lease) a new or pre-owned car or other vehicle under warranty that is defective, and the manufacturer just can't repair it in spite of repeated efforts (inside a limited time that differs from state to state), or if the motor vehicle is in the shop for a specified period of time (often 30 days) because of its defects, you are eligible to a broad range of costs, including:

1. Monetary damages
2. A compensation of the purchase cost
3. A brand new vehicle
Also, just about all of the Lemon Laws (and the Federal Warranty Law) have a fee transferring element which states that if you win your lawsuit, the original equipment manufacturer or dealership which sold you your lemon is forced to pay for litigation fees.


Lemon Law Statutes
State Lemon Law Regulations
Each of the 50 states has a different Lemon Law statute. Even though the wording of each state's statute vary, the average state Lemon Law statute provides cure for owners with a malfunctioning automobile sold with a warranty if:

1. The car dealership or original equipment manufacturer just can not rightly repair a particular gremlin in the product after a sensible number of repair attempts (commonly at least 3);
2. The automobile cannot be driven for at least 30 days due to defects in the automobile; or
3. The dealer or original equipment manufacturer just can't correct a failing that is a critical safety hazard.

Generally, a bad vehicle is a motor vehicle with a problem or affliction that considerably impairs its usability, marketability, or safety to the consumer and does not comply with the warranty. Typically, the time period in which the Lemon Laws apply are rather short; the defects and resulting repair attempts (or out-of-service time) occasionally will take place during the first two-years or 24,000 miles that you own the car. However, a number of states have even shorter periods. Furthermore, almost all states have notice and initiation prerequisites, such as asking the consumer to send registered post notice to the original maker of the problems and presenting the dealership an option to correct the vehicle. In addition, numerous states expect that Lemon Law suits be resolved through an arbitration procedure.

Generally, state Lemon Law ordinances also are applicable to leased automobiles and preowned vehicles purchased whilst under the manufacturer's original warranty. A good number of state Lemon Laws also apply to automobiles other than passenger cars. depending on the customer's home state, or the state in which the consumer bought the car, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Craft
-Other consumer products (like computers)
There are many significant solutions possible under the Lemon Laws. Statesally, if the original maker just can't correct the car, the consumer can either demand the original maker to replace the vehicle, or demand the original maker to reposess the vehicle and repay the original cost plus accompanying damages, including all fees, towing costs, repair charges, associated transportation costs and other damages incurred by the consumer as a consequence of the shortcomings in the vehicle. Another important solution possible under most Lemon Laws is laywers' fees. In most states, if you prevail in a Lemon Law suit, you will not have to pay any litigation charges-the automobile manufacturing business that sold you your lemon is forced to pay attorneys' charges.

The defendant motor vehicle original producer can use several defenses to a Lemon Law claim. The general statute affords that the maker is not responsible if it can verify that the troubles in dispute were caused by misdeed, forget about, or the modification or tampering of a vehicle by somone other than the original equipment manufacturer, an agent, or its authorized dealer. In different words, if the consumer maltreats his or her own vehicle, or the troubles were a consequence of tampering or changes conducted by a third party, the original equipment manufacturer could not be guilty.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturers and vendors of consumer products to give consumers itemized facts about warranty coverage claims. Also, it shapes both the rights of public consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act doesn't demand an vehicle maker to supply customers with a warranty, if a warranty is offered, the Magnuson Moss Act offers numerous protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty a violation of federal law, and by allowing for customers to recuperate litigation charges and sensible attorneys' fees.

The Magnuson Moss Act is typically relevant in a lemon lawsuit where, for some reason, a state Lemon Law claim is not applicable or moreover unfavorable. For example, contrary to the rather short time provided to purchasers within virtually all Lemon Laws, you may file a claim for breach of warranty after the warranty period has expired if the problems occured during the warranty period. Furthermore, although many Lemon Laws restrict their coverage benefits to a very specific group of motor vehicles, the Magnuson Moss Act applies to virtually all consumer goods. The Magnuson Moss Act could also apply if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a service agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the primary source of law regulating product contracts, including automobiles and other items. The UCC affords another legal avenue for consumers with lemon troubles.

UCC code stipulates that the purchaser of a product is entitled to return goods that break in any respect to the consumer agreement. Essentially, if your new automobile doesn't function as bound by the original maker (your manufacturer warranty is a portion of your agreement), you may have a claim citing the UCC in addition to any additional claims you may have.

The period for bringing back a vehicle with the UCC is not unlimited. If you come upon a deficiency in your motor vehicle within a fair posession period, you may take back the car. Unfortunately, new cars are typically mechanically complicated and you might not notice whether your automobile conforms to the warranty until long after you buy the automobile and defects begin to come up. Basically, if Long after this posession time you do not refuse the automobile, you will be deemed to have okayed it and might have no claim through the UCC.

The duration of the review time period is not specified in the statute. Courts determine how long the sensible review period is based on the buyer's familiarity and past experience, the buyer's trouble in observing the fault, and the buyer's chance to discover the flaw.

In spite of this limitation, the UCC stipulates that in certain cases where a purchaser is stated to have accepted products (i.e. the sensible review time has expired), a purchaser may still recant his acceptation of those product where the non-conformity substantially impares the value of the product to him. Those instances include situations where it proves challenging to notice the nonconformity or the purchaser was ensured that the non-conformity would be repaired. Re-stated, the court will exempt the purchaser from not having rejected the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a auto excessively gives out and you have to keep bringing it back to the dealer for repair under the written warranty, the automobile lemon law can be your next course. The defect should be substantial in which it intereferes with your driving the automobile or your safety. A automobile stalling frequently would be a substantial defect. This is exactly the type of condition that may hinder your driving and your safety. Under the car lemon law you are not expected to prove why the auto is stalling, you merely have to demonstrate that it is stalling. Basically you need to check the lemon law in these 3 cases: the auto keeps breaking within the warranty time period, the auto is a safety hazard, the dealer is not able to recondition the auto when it is guaranteed.

If you own a motor vehicle which is a lemon you can directly write to the manufacturing business and ask for a replacement motor vehicle. If this requirement is not acceptable to the manufacturing business, you can move into an arbitration process. A few manufacturing business* incorporate their own arbitration process. Other manufacturing business* utilise external arbitration program such as Autoline by the Better Business Bureau. The assessment of the arbitrators is binding on the manufacturing business but not on the purchaser. If unsatisfied with the judgment, the purchaser can take the manufacturing business to court.

Virtually all laws provide that the owner needs to be restored back to the financial status they were in prior to purchasing the car, less the amount that the owner benefited from by using the car. To get the payback sum numerous factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new pre-owned automobiles will qualify under basic lemon laws. For example, a pre-owned auto might fall under regular lemon laws if it is less than a year old and has less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law might be more accommodative with the age and measure of mileage. Still, the car must be sold by a car dealership that provides a warranty. Private party sales are not regulated, nor are cars sold under a declared original price paid. There may be additional restrictions to a used car lemon law such as the functions for which the car is pre-owned or the categorisation of car. Older motor vehicles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter period of time than new car ordinances. They oftentimes range from 30 to 90 days, depending on your pre-owned automobile's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the pricing structure. Many lemon law attorneys require a relatively minor retainer to manage a lemon law claim, and subsequently, the attorney's invoices are charged to the original maker. Fundamentally, lemon law claims are generally very low-cost to purchasers. The reimbursement of attorney expenses differs from state to state. About one-half of the states provide for you to recover your Lawyer bills if you win. The attorney's fee is based on actual time used instead of being connected to any other percent of the recuperation. In a few States, you have to pay the manufacturing business* lawyer's charges if you lose.

Consumers should record their complaints in writing and retain a copy. In any written communication, always delineate how burdensome it is to return the car to the dealer for work and that the dependability that the buyer believed He was purchasing has been non-existent. Any written communication with a dealer or original maker should be sent using certified postal service. In virtually all cases the manufacturing business* claim that they haven't had the needed number of attempts to repair the condition. They count on the fact that the buyer does not keep repair tickets for each occurance they have taken the vehicle into the repair facility. They also bet on the fact that the repair tickets have different things fixed each period proving that they haven't fixed the same condition. Consumers should reply by requiring that dealerships always hand them a warranty repair sheet. Consumers ought to also indicate that these undocumented trips are tries.

Make sure to be aware of your rights under the lemon laws. Upon purchase, immediately page through your owner's book and warranty principles entirely, along with the reference on lemon law rights that you ought to obtain when you acquire your vehicle. Don't bet on your dealership to teach you which problems are covered by warranty. If your dealer states that a condition is not covered and you believe that he or she is purposely misleading you, be genteel but assertive. Don't be afraid to bring out the section of the warranty that applies, or to call the original producer for verification using the contact information included with your owner's book. You shouldn't be obligated pay for repairs associated to lemon law complaints. It's also crucial to advise the original producer of a complaint immediately. If you suspect that your motor vehicle has a defect that cannot be remedied, go over your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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