Avoid Feeling Used Research Before Being Stuck With A Used Car Lemon

You can save a lot of money when buying a used car. However, before you sign on the dotted line and fork over your hard earned cash, do a little research on your state’s lemon laws to see if you could have a potential used car lemon on your hands. By gathering up your research on your potential new used car right now, you could be saving a whole lot of heartache. After all, you do not want to fork over your hard earned cash on lemon law attorneys down the road, do you?

There are lots of horror stories about people purchasing a used vehicle, driving it off the car lot, only to have it break down before even getting it home. And unfortunately, the fine print in their paperwork sometimes states as is. So that means these poor people are out of hundreds to thousands of dollars with nothing but a car lemon to show for it. If you are in the market for a used car, there are a few things you can do to protect yourself.

Have your own mechanic inspect the used vehicle you are thinking of buying. You are more likely to trust your own mechanic rather than the used car dealership or private individual that is selling. Most lemon laws deal with just new cars, so you have to take care to avoid a car lemon in your used vehicle. Secondly, you can research the title of the car by ordering a report on the vehicle?s history. CARFAX is the most widely known resource for finding out about the history of the used car you are eyeing. You can also use AAA if you are a member.

All you need in order to find out whether you have a potential used car lemon on your hands is the vehicle identification number (VIN). The VIN is located on a small piece of metal on the dashboard and is usually visible through the windshield. You might want to check on those instruction stickers located on the inside of the car doors for the VIN. Based on this vehicle identification number, you can have a report run on the prospective car you want to buy.

You can find out all sorts of things from this car history report. Whenever a vehicle is brought in for any type of service, the mechanic has to enter the vehicle identification number as well as the work done to the car. This history report will tell you if the vehicle has been in a wreck, if it was salvaged and rebuilt and even if was ever flooded out due to adverse weather conditions.

Most states do not have a lemon law for used cars. Their car lemon law is usually for new motorized vehicles. Unless you live in New York where they do have some coverage, you are out of luck should something go wrong. So, do not rush into a purchase. Avoid being used. Take your time, research the vehicle and shop around! If something should go wrong with your used car, chances are that any of the lemon law lawyers around your state will not be able to help you.

Earl Powers, US Lawyer and Used Car Lemon Laws expert – focusing on Lemon Law Attorney and Lemon Law In.

16 August

20 Lemon Law Topics From Automobiles To Puppies

Lemon Laws are not just for automobiles anymore. There are lemon laws that protect consumers from defective computers to puppies. You have rights after a purchase, you just need to know how and where to find the legal representation that best suits your situation.

Lemon Laws were designed to give the unsuspecting public from would-be frauds and sellers of damaged merchandise. Were it not for this respectable constitutional protection under the laws of our great nation, there would be more crime and violence exhibited than you could imagine. The unfortunate side is knowing where to seek the proper specialists that can provide the right counsel for your wronged situation.

We’ve all purchased an item that hasn’t lived up to it’s claim and we naturally assume the seller was probably aware before the sale that it was defective. Often a bargain is far from it, and once we buy into the bargain price, we see how we were taken. Being on the end of a bad deal doesn’t have to end there.

Lemon Laws actually save us from doing the unthinkable so many times. When we learn we have a defective item, we can follow some very clear cut steps to seek resolution. Legally, you have rights to correct this type of situation and once you’ve applied yourself constructively to get your money refunded, you can see how valuable the lemon laws really are.

Lemon Law Specialists can save you more than just the refund amount due to you. If there was intent to intentionally defraud you, you can seek additional restitution for your loss of time and additional expenses associated with the fraudulent item.

Take the time to read more in the area you feel your item is related and see what your options are. Don’t think you don’t have a voice or say in a bad purchase. Actually, your willingness to speak up and pursue your wrongful purchase can avoid it happening to others. You are exersizing your rights and helping to protect other unsuspecting victims like yourself.

http://wealthsmith.com/lemon-law-articles.htm

Jim is an online writer that covers the topics that you want to know more about. Check out his latest subject, Lemon Laws: http://wealthsmith.com/lemon-law-articles.htm

12 August

The Lemon Motor Home Lots Of Misery Damn Little Recreation

You?ve heard the expression, Just when I thought nothing else could go wrong, it did. This is too often the case with motor home lemon vehicles. It?s a problem of multiple manufacturers being responsible for what is finally delivered to the customer. When Ford or GM builds and sells an automobile, generally they take responsibility – as much as they take responsibility for anything – for the whole vehicle. With a motor home this is not the case.

Here?s a possible list of major components built and separately warranted by different manufacturers:

- Engine ? Cummins Diesel
– Transmission ? Allison/GM
– Chassis ? Freightliner
– Coach ?Fleetwood (and many others)

Various components of the finished product have their own warranties. Appliances are a good example. GE might make the refrigerator and Sears the stove. These manufacturers warrant their own products.

Many of the components, large and small, are in some way interconnected mechanically, electrically, even electronically. The transmission connects to the Engine. The engine is mounted on the chassis, the coach is mounted to the chassis and covers the engine and around and around we go. The hipbone is connected to the thighbone, the thighbone is connected to the leg bone, and the leg bone is connected to the anklebone, so goes the old song.

What happens when something goes wrong? What happens when one or more of these interconnected components has a malfunction? Who is responsible? Who steps forward? In an ethical world, a world where honesty is the rule, mechanics and manufacturer?s representatives of the various components would figure it out and the maker of the malfunctioning part would step forward. The responsible person would say, It?s my component that failed, Mr. and Mrs. Jones. We?ll get right on it and fix it.

This isn?t the way of the world. If you, as an owner of a motor home, find yourself in this situation, you will get to watch a lot of company representatives behave very badly indeed. Nowhere outside of a police holding cell will you see greater efforts by the various manufacturers representatives to blame each other. Responsibility among the various manufacturers is as foreign as political integrity in Washington D.C.

Motor homes are susceptible to the same problems experienced in automobiles and also problems that are uniquely found in motor homes. Like the modern automobile, motor homes make use of computers to control the various vehicle systems. The difference is that a motor home is a combination truck, (chassis and diesel engine), residence (has many of the qualities of a home such as rooms, showers, appliances, walls, decorative elements, etc.) and it?s a lot like a bus. It?s big!

There are also special characteristics unique to RVs. Think about rooms that extend out of the side of the coach, and portable bathrooms. The possibility for really unpleasant problems abound.

We see it happen time and time again. The manufacturer does the right business thing. They innovate; they put their creative people to work developing neat things to catch the buyer?s interest. This is a good business approach to take. It is how American businesses stay ahead of the competitive curve. They send out their survey people to discover what the consumer wants and then do their damndest to provide it. Now, with the latest innovation in hand, the designers meet the production people. Often these meetings resemble, human meets bug-eyed alien. The innovators are high on how cool it all is, and production is thinking, How in God?s name can we build that! It?s going to cost a fortune.

A good example in the motor home world is the slide out. A slide out is essentially a electro-mechanical method whereby a room in the RV is made bigger by extending it out from the side of the vehicle. See Figure 1 for an example of a typical slide out. It?s a great idea that loses much in the translation from design to production. Very, very few slide outs are without some sort of problem.

We have seen in previous articles that many of the problems were related to electric/electronic systems. In the motor home we see all of the electrical and electronic problems plus the mechanical. This is not surprising. Remember the motor home is a vehicle trying to be a house. Workmanship comes up over an over in the defects listed. Generally, if you buy a new sedan you are not worried that it will leak like a sieve in the first rain shower. Motor homes frequently have problems with leaks, especially around and in the slide out.

At least when you buy a house, barring earthquakes and tornadoes, it is meant to stay in one place. Anyone who lives in California knows what happens to the house when the earth begins to shake. The house is twisted in all sorts of directions. Afterward, cracks appear, doors are out of plumb, plaster falls, foundations warp and maybe the roof develops a leak.

When you drive an motor home all over the country, over roads in various states of disrepair, you are creating a kind of continuous earthquake effect on the vehicle, on your portable house. We see the results in lemon motor homes all the time. Those that were designed with these effects in mind, come through none the worse for the wear. Others, where the driving force in production and they did everything as cheap as possible, manifest all the problems you?d expect after an earthquake and some that are unique to motor homes.

The following is a list of typical problems from RV Owners. I have not included the name of the Manufacturers, as this is being written after the fact, and who knows, maybe they have gotten their act together (skeptical look). In one year an owner reported the following problems with his 32-foot class C deluxe 5th wheel RV: – Electrical outlets pop out of the wall

- Two entire panels pull away from their frames due to inferior thickness of the substrate and the necessary spacers to hold them together in the range of humidity that any trailer experiences.

- Panels bowed for the same reason

- The slideouts have pulled the paneling away from the face wall when the slideout is pulled in, because ragged sheet metal edges of the slideout have dug into the panel due to mismatched surfaces

- After extending the slide out, couldn?t get it back in, had to pry it back in with a 2 X 4 plank

- Easy chair replaced because the upholstery separated from the frame and allowed the padding to slip down.

- The center slider section of the screen door will not stay in, due to poor quality control of the space in the center of the door.

- The water pump which comes standard on this 32 foot trailer puts out 20 lbs of pressure which isn’t enough to get water out of a PUR faucet filter less than 20 feet away.

- Necessary to supplement the heat in the upper bedroom with a space heater because the blower and ductwork is inadequate to get enough heat to the room.

- The shower cracked, the roof leaked, the canopy broke,

- The toilet lid has broken off

- Electrical problems and on and on?

And after all this, you have the things people say about the quality of service from so-called authorized dealers. I can?t say them here and have this article remain G rated.

One aspect of lemon law is how many days the vehicle must remain at the shop for repairs during the warranty period. Thirty days is the standard in the statute for a lemon vehicle. It is not unusual for lemon motor homes to be in the shop for two and three months, even longer during the warranty period.

Here?s the key language. It defines a lemon as:

Vehicles that continue to have a defect(s) that substantially impairs the use, value, or safety of the vehicle after a reasonable number of attempts to repair the vehicle ? 4 attempts in California for non-safety related issues – or after the vehicle has been out of service for a particular number of days. Substantial is from the viewpoint of the owner, not the manufacturer.

Having the slideout extend in traffic while some speed-crazed Peterbilt driver bears down on you is not safe. Bailing water out of your vehicle after every rain shower is not considered the best use of the vehicle. This might also be thought to decrease the value of the vehicle. If the weight distribution toward the rear of the vehicle is so poor it feels like the front end is a foot off ground, this seems substantial to us. This is very definitely a safety issue. I could go on for a long time.

What is the bottom line? Don?t put up with it. Get legal assistance. The law allows you to get a refund or a replacement. Although after your experiences with your lemon RV, you may want to buy an M1A1 Abrams tank and pay a visit to the manufacturer.

Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law – The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8 http://www.lemonattorneys.com or http://www.normantaylor.com For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.

5 August

How To Work With Florida’s Lemon Law

If you haven’t read the article on Coverage Under Florida’s Lemon Law, you’re strongly encouraged to read that first so that you’re clear on what vehicles, under what circumstances are and aren’t covered by the Florida Lemon Laws. This article is about the procedures which are necessary when you decide to pursue your rights under the Florida Lemon Laws.

Your first concern is how long has it been since you bought the vehicle. A Lemon Law action can be brought during what is generally called the Lemon Law Rights Period. This period is the eighteen (18) months beginning on the original delivery date or the first twenty-four thousand (24,000) miles. The period ends with whichever occurs first.

The process required often seems to be both long and complicated. While it can be discouraging at first, if you are willing to be patient, stay with it and be sure to follow the procedures carefully, you can succeed. Don’t give up and don’t let anything discourage you from trying.

What follows is an outline of the process, the basic requirements and the steps involved:

First, within the Lemon Law Rights Period, there must have been either (a) a minimum of three attempts by the manufacturer or its agent to repair the vehicle for the same defect (b) the vehicle must have been unusable for reason of attempted repair by the manufacturer (or its agent) for one or more defects for a total of thirty days or more. This does not include any periods for maintenance dictated by the owner’s manual.

Second, when vehicle reaches a cumulative total of fifteen or more days being out of service for repair by the manufacturer or its agent for one or more defects, the owner is required to give written notice of the need for repair, by registered or express mail, to the manufacturer. Then the manufacturer has one last chance to fix the defect.

Third, if this final attempt at repair fails, then manufacturer must either replace or repurchase the motor vehicle within forty days. However, it isn’t automatic. You must continue to follow the proper procedures to enforce your rights by following these steps:

If the manufacturer has a dispute-settlement procedure then you need to apply under that procedure. Not every manufacturer does, so be sure to check with the manufacturer.
If you’re not pleased with the decision of the manufacturer’s dispute-settlement procedure, you can then apply to be heard by the State of Florida’s New Motor Vehicle Arbitration Board.
If Florida’s New Motor Vehicle Arbitration Board declines to hear the case OR it hears the case but makes a ruling against you, you can now file the case in Circuit Court. If you are appealing from a ruling against you by the Board, you need to do it within 30 (thirty) days of that ruling.

In the most general terms, the covered vehicle must have been subject to repair for the same defect (which impairs the value, safety or usability of the vehicle) for at least thirty (30) days. This must occur during the Lemon Law Rights Period. You must also be acting in good faith and must follow the law in providing proper notice to the manufacturer. Finally, you will need to submit to arbitration.

The Office of the Attorney General has published more complete information in Preserving Your Rights Under The Lemon Law. You can obtain this publication through the Division of Consumer Services at: (800)321-5366 or by writing to:

Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050

E.B. Randall writes on a variety of subjects including issues such as lemon law vehicles. If you live in Florida and if you think you have a lemon car or truck, read this and visit http://lemon-law.werkz.info for more about how to cope with anothe rpiece of automotive lemon junk.

1 August

Texas Lemon Law

The Texas lemon law was put into effect by the Texas legislature in 1983. The Texas Department of Transportation’s Motor Vehicle Division and its Motor Vehicle Board administer it. The Texas lemon law is an automobile law that helps consumers who buy or lease new vehicles and have repeated problems get their vehicles properly repaired, repurchased, or replaced. The lemon law applies to cars, trucks, SUVs, vans, motorcycles, motor homes, all-terrain vehicles and tow-able recreational vehicles. It does not apply to used, program cars, or repossessed vehicles.

The Texas lemon law does not cover any problems caused by the owner’s neglect, abuse or unauthorized changes to the vehicle. The automobile lemon law also does not cover any problems that do not have a considerable effect on the use or market value of the vehicle. So, how do you know if your car is a lemon? Your vehicle may be a lemon if you purchased or leased a new vehicle from a licensed dealer in Texas.

Additionally your car must have a serious defect covered by the manufacturer’s warranty. You must report the defect within a reasonable timeframe, or before the warranty expires. You must give the dealer or manufacturer a reasonable time to fix the defect (usually four attempts to fix the defect with no result warrants further action). You must send the manufacturer of the vehicle written notification about the defect. The defect must be one that continues to impair the vehicle’s use, value, or safety. And, finally, you must file a lemon law complaint and pay any filing fees. The first thing to do if you believe your vehicle falls under the Texas lemon law is to take it to the dealership where you purchased it. If they cannot fix the defect after a fair amount of time, you should send a letter of notification to the manufacturer. Simply let the manufacturer know about the defect and offer them a chance to repair your vehicle before filing an automobile lemon law complaint.

Make sure you keep a copy of your letter and any response, including repair invoices. If you decide to file an automobile lemon law complaint, you will need to send all of these documents to your lawyer, or if filing yourself, to the Texas Department of Transportation. If you wish to file a complaint, you must send the written complaint to the Department of Transportation along with a filing fee. You will be reimbursed for the fee if you win your case at the Texas lemon law hearing. If you only want your vehicle repaired, there is no filing fee involved.

The Texas Department of Transportation then contacts the dealer and manufacturer about your complaint. The manufacturer will then send an expert to your original dealership to see about solving the problem, if possible. If your vehicle is still not repaired, the Texas Department of Transportation will send an expert to the dealership to try and resolve the problem. If this does not resolve the problem, an automobile lemon law hearing will be necessary.

About the Author

Lemon Law is an aspect of automobile legal issues which cannot be ignored. Get all the latest news and comment by visiting =>http://www.BestAutoLegal.com

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31 July

Wisconsin Lemon Law

Lemon law in Wisconsin applies both to purchased and leased vehicles. In the event that the car you purchased turns out to be a lemon as defined by Wisconsin lemon law, the manufacturer is obliged to either replace the vehicle free of charge or provide you with a full refund (minus the amortization allowance for accrued mileage).

It should be noted that lemon laws in the United States differ from state to state and therefore the specific provisions of the Wisconsin lemon law may not be entirely applicable to the lemon law in Ohio, Texas or Missouri. Therefore, while this article deals primarily with lemon law in Wisconsin, it should be understood that you should consult with the specific provisions lemon law in your own state before seeking compensation.

Wisconsin lemon law defines a vehicle as a ?lemon? if the defect in the car has prevented you from using the vehicle for at least 30 days (not necessarily consecutive). Alternatively, a vehicle is also defined as a ?lemon? if the malfunction cannot be fixed after four attempts by the dealer. In order to be eligible for seeking restitution under Wisconsin lemon law, your case must meet the following criteria:

  • The vehicle must purchased or leased in Wisconsin
  • The vehicle must be a motorcycle, motor home, car or truck
  • The vehicle began exhibiting signs of malfunction within the first year after purchase
  • The vehicle began exhibiting signs of malfunction before the warranty expired
  • The vehicle?s defects seriously impair the vehicle?s use, safety or value
  • Within the first year and before the warranty expired, the dealer either failed to repair the defect after making four attempts, or the vehicle was out of order for at least 30 days (not necessarily consecutive) due to these defects
  • Wisconsin lemon law differentiates between minor and major malfunctions ? in order to be eligible for compensation under the local lemon law, your vehicle must have a serious malfunction that is also covered by the warranty. On the bright side, Wisconsin lemon law does not set a specific deadline within which your claim must be filed ? instead, it is up to the court to decide whether your case is too old to be accepted or not.

    If you feel that you may have a lemon on your hands and would like to pursue your case in accordance with Wisconsin lemon law, consulting with an attorney is probably the best thing you can do if contacting the manufacturer directly fails. To ensure that you have sufficient evidence to substantiate your legal claim, make sure that you always keep receipts of repair orders, even if no actual repairs have been made.

    George Chernikov belives that the Internet is the future of commerce as well as information. One of his websites provides additional information about lemon law and can be found at http://wisconsin-lemon-law.info.

    26 July

    Understanding Lemon Law

    A lemon law is a type of law that protects consumers from getting bad products, in this case, vehicles. In the United States, each of the states has its own form of lemon law. Each state regulates how much is to be provided as well as what standards each vehicle must be sold under. In basic terms, if the manufacturer says that the vehicle runs well and it doesn?t, then they are in violation of the lemon law of that state depending on the states specific standards. In most cases, anyone selling a bad car must replace it or refund the money for the car.

    But, remember that each state is different. Each state has its own requirement for how much should be provided by the previous owner to the current owner. Also, in most cases, any defaults in the vehicle should be presented to the new owner prior to the purchase. If you find that a new car has actually been used, for example, you can have the dealership repurchase it from you or provide you with the new car.

    It is important, though, that you check out your state?s exact wording on the lemon law. What should you do if you think someone has violated the lemon law on your purchase?

    ? Contact your attorney and ask them if they feel that you may have been violated. Many will provide free counseling to provide you with an understanding if you do have a case or not.

    ? Make sure to keep your paperwork. It is very important for you to have any and all documentation of the car, its history and its current condition in your hand.

    ? The attorney will tell you about the lemon law of the state and you will decide what the next step is from there.

    ? You should contact your attorney prior to trying to deal with the company yourself as to avoid more problems.

    For more information please see http://www.lemon-law-help.co.uk

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    21 July

    What Is The Lemon Law A Concise Definition

    Lemon law refers to the statement from the government that was created to protect consumers from defective piece of automobile. An automobile that has manufacturing defect or if it asks for repeated repairs after purchase and if the automobile is under warranty period, such a vehicle is termed as a lemon.

    A law was placed for the benefit of consumers to prevent them from a lemon vehicle. In a nut shell if any vehicle such as a car is under warranty period and is suffering from various defects that prevent a consumer to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.

    Lemon law can be enforced on any sort of vehicle like a car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables like computers, etc.

    A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also applicable to vehicles which have been resold but are still under warranty and meet the mileage and time criteria. More often it is very difficult to persuade a manufacturer to accept a lemon vehicle. In such cases a lemon suit is often called for.

    To ensure whether a vehicle is a lemon or not one should observe certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Such a condition should be covered by manufacturer’s warranty. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should have also been issued to the manufacturer prior to a lemon law suit.

    A vehicle that has been bought back by the manufacturer from the customer is known as a Lemon Buy Back. Such lemon buy backs are often sold in auctions as used cars by the manufacturers.

    The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.

    A lemon vehicle explicitly loses market value due to its manufacturing defect. Moreover, manufacturing defects may lead to several life threatening circumstances. It also substantially impedes a person’s ability to control or operate a motor vehicle for ordinary use or intended purposes. Any manufacturing defect can also create a substantial risk of fire or explosion. All these risk elements call for enforcement of Lemon law in the states of United States. This law helps consumer from all such threats and hazardous circumstances.

    Earl Powers, US Lawyer and Lemon Law expert – focusing on Used Car Lemon Laws and What Is The Lemon Law

    18 July

    Used Car Lemon Laws

    Although most everyone is aware of the lemon law as it pertains to buying a new car, many consumers may be surprised, and relieved, to know that the lemon law can also extend it?s coverage to used cars. The used car lemon law, like it?s counterpart, can change from state to state, but there are some basic details that will help you to decide if you qualify for this coverage.

    First, when you purchase the used car, it has to come with some type of warranty, either the manufacturer?s warranty or one written expressly for that car. These warranties include extended warranties and warranties that are written from the car dealership. This is critical. Without any type of warranty, in most states, the coverage will not apply. If you have bought your car privately, chances are remote that you will be covered. If you have met the requirements needed when purchasing your used car so that the used car lemon law pertains to your purchase, there are steps that you need to be aware of that will help if you find you?ve purchased a lemon.

    Document, document, document! This, again, is critical. Keep a written account of every repair, every person you have spoken to about these repairs, and what was said in these conversations. Make sure you receive an invoice and a warranty for repairs each and every time your car is in the shop. Even if the repairs were covered under a warranty, get an invoice anyway. Without documentation to back up your claims, damages under the used car lemon law will be hard to prove.

    Be accurate. Make sure you?ve detailed the problem clearly and thoroughly and that the repair shop has written everything down just as you said it. Do this every time you take the car in for repairs. Keeping this information clear and precise will help if you need to use the use car lemon law.

    If your car breaks down on the road, document the time and date and exactly what happened and where. Make sure this goes into the record at the repair shop. Also, before you turn in your car for repairs, make a note of the odometer reading. Have them record this on the invoice. By doing all these things, the used car lemon law should work effectively and could just be the out you need.

    By Ray Walker
    Lemon Law Information

    13 July

    Lemon Law Mechanics Flat Rate Pay System

    There is a relationship between the auto repair technician Flat Rate pay system and the incidence of unrepaired Lemon Vehicles. It is more direct than one might think.

    What is Flat Rate Pay System?

    It?s old-fashioned piecework plain and simple. Imagine picking peaches. Instead of an hourly wage, you get paid a penny a peach.

    The auto manufacturer establishes fixed times for every conceivable repair. This includes everything from a bulb replacement to installing a new engine. Most dealerships charge between $60 and $70 dollars an hour for warranty repairs. It?s in the dealership?s contract with the manufacturer that they may only charge for the repair hours provided by the manufacturer.

    Here are some of the links in this chain of cause and effect:

    - The modern automobile is computer controlled and complex.

    - Vehicle computers fail and these software/computer hardware failures appear to be other non-computer components in the vehicle.

    - Modern diagnostic tools don?t isolate faults; they suggest possibilities, areas of vehicle systems that might be at fault.

    - The technician is rewarded for how fast he or she works, not how well.

    - The dealership makes good money for warranty and non-warranty repairs.

    - Quality and customer satisfaction are advertising slogans, not a way of life in the work place.

    - Quite often poorly trained mechanics cause more trouble than existed in the vehicle before attempted repairs.

    - The slow technician, whether excellent or not, will barely make a living and certainly receive hard talk from his supervisors.

    Are all vehicles declared lemons at buyback unrepairable? Probably not.

    Given these conditions, the chances a faulty vehicle will meet lemon vehicle legal definitions, i.e., four repair attempts during the warranty period, are significantly increased.

    The Dealership Situation

    Here?s an example of what dealerships consider a bad, bad thing.

    1. A car that is still under warranty has a defective transmission. The manufacturer assigns transmission replacement a time to repair of 4.5 hours. At $65/hour for warranty repairs, the dealership gets paid $292.50 by the manufacturer for this warranty repair. (Remember, the manufacturer pays for warranty repairs.)

    2. If it takes the dealership?s technician 6.75 hours to complete the repair. The dealership must eat 2.25 hours of technician repair time.

    3. If the technician takes 3.9 hours to make the repair, the dealer will still charge the manufacturer 4.5 hours, and even though the technician only spent 3.9 actual hours on the job, he will be paid for 4.5 hours.

    4. In the first case the service manager at the dealership complains to the technician, sorry, Joe, the manufacturer reduced repair times again. You know those %$%$# aren?t part of the real world, they don?t know how long it takes to make orange juice! He?s also going to strongly encourage the technician to make the repair in less time than that assigned by the manufacturer.

    It is an unjust system with no redeeming value for the honest technician or the dealership. Who?s the big loser? You guessed it, the customer.

    All the players in this game have very different viewpoints. Let?s review them.

    Manufacturer

    The manufacturer screams about being ripped off by the dealership for inflating warranty repair hours, and that the dealership is doing unnecessary warranty repairs. Both accusations are probably correct, but not necessarily for the reasons suggested by the manufacturer.

    Dealership

    The dealership moans and groans about how unfairly the manufacturer establishes and even reduces the hours allowed for each warranty repair. They also claim they have no say in how the hours were established in the first place. Both of these accusations are entirely correct. Manufacturers also have a policy of not paying for repeated warranty repairs to fix the same malfunction. How does the dealership respond to this? It?s not good. If the dealership sees a repeat problem, they must somehow make it appear to be different that the original malfunction. Charitably, this can lead to untruthfully describing a problem on the repair order. Remember, four repair attempts for the same problem is one of the criteria that defines what is and is not a lemon. Where?s the incentive to do honest, quality work?

    Mechanic

    The immediate effect of manufacturers cutting the flat rate (piece work) times is a reduction in the mechanics paycheck. In order to maintain the same pay rate the mechanic must work that much faster. Faster is not consistent with quality repairs, quite the contrary. At the same time the manufacturer is demanding higher quality repairs. It?s a Catch 22 wherein everyone loses. Add to this inadequate training at best and one has a recipe for the Lemon connection.

    Consumer

    The consumer has no idea about the complex business relationships that exist between manufacturers and dealers, nor do they have any interest. Why should they? The consumer?s needs are quite simple. Sell me a car for a decent price that does what the advertisements say it will. If it needs a repair, have someone competent and well trained do the work and for Pete?s sake get it right the first time.

    Final Thoughts

    There?s something seriously wrong with the system. It?s a system that rewards all the wrong things. Like many such systems in other parts of American business, this system rewards quantity, not quality.

    There seems to be an inherent inability among business managers to draw a connection between quality and business success. The manufacturer sets up quality rewards systems, such as Ford?s Blue Oval, then turn around and cut the work/task hours arbitrarily, probably to allow a senior executive to look good by improving the bottom line of a quarterly report. The result is an immediate drop in quality work at the dealership. There are so many contentious viewpoints, and so little willingness among the players to correct the situation.

    I wish I could offer some hope to consumers that efforts are being made to resolve this situation, but I haven?t seen any such evidence. Perhaps this essay will at least bring some sense to a nonsensical mess.

    Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law – The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8 http://www.lemonattorneys.com or http://www.normantaylor.com For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.

    12 July