The Legal Blog

Articles About Consumer Legal Matters

Lemon Laws For Cars

pink lemonadeMost people have heard the urban legend of someone that buys a used car from this sweet old lady, only to find that the car is indeed a lemon and is one of those cars that the person would have been better off to walk away from rather than buy. This has spurred many people to learn about the lemon laws of their individual state when it comes to the automobiles that they buy. No one wants to find themselves in the place in which the car is having to get repaired every other week, but it does happen. So just what can people expect from the Lemon Law? Of course, from state to state the law is going to differentiate just a little bit. But, with that being said, the person is given the protection that should the automobile be repaired for the same problem three to four times, then they have a case, and the car finds itself in having six to eight repairs during the warranty period. The warranty period is the time that is covered, plus four additional years that most states agree is time in which no problems should be reoccurring on this magnitude that has the person not having a vehicle to use.

With that being said, the person needs to realize that with every law there are loop holes that can be used. Therefore, if the person finds that the problem is something that they do not like about the car, then they have no case. For example, let’s say that you do not like the way that the engine sounds, yet it still runs fine, then you have no case. In many cases, if the problem is something that can and does affect the safety of the vehicle, then you automatically have a case no matter how many times the problem has been fixed. For example, if the brakes simplify go out for no reason, this is a huge safety issue and is more than likely one way in which you can get the car taken care of.

For those that think that they may have a car that can be categorized as a lemon, then they must make sure that they are keeping paperwork that shows when they have a problem fixed, how much it cost, and the repeat scenarios of the same problem being fixed. This means keeping all of the work orders that are done on the car in order to have proof of what you are claiming. You should also make sure that you complain to the auto maker since many times they will offer to fix the car for you, which in the end is what you are wanting anyway.

Overall, no one wants to end up with a car that is a lemon, however, it happens more than most people realize. If the person thinks that they qualify for this, then they should start looking into a lemon lawyer, these are those that specialize in these types of cases. They will be better able to give the person advice as to whether they have a good case or not against the auto manufacturer.

How To Choose A Divorce Attorney

hiring a divorce attorneyAs a present individual from the California Bar, and a previous separation legal advisor, I endeavor to add to my group and routinely volunteer at my neighborhood Bar Association as an authority of attorney client charge question. This practice gives important knowledge into issues, un-met desires and over-desires buyers have with the separation attorneys they procure. With this experience I offer this first in a progression of rule articles on employing a separation lawyer.

An edge inquiry is the place do I discover my separation attorney? A decent place to begin is with your nearby bar affiliation. It is normally a smart thought to connect with a separation legal counselor situated in your region and who is confirmed as an authority by the state bar affiliation. It is very much encouraged to have a neighborhood professional so that the legal advisor is acquainted with the area judges, magistrates, nearby principles, norms and practices. Legal counselors who go this additional mile give some affirmation that they are committed to family law, know their stuff and keep current on improvements.

By all methods look at your lawyer choice in online survey locales. Despite the fact that these locales are not the end all and be all, they are regularly helpful in seeing the experience of other legitimate administration purchasers. Give careful consideration to negative surveys and signs that the legal counselor might not have imparted well. Obviously, your legal counselor is not the underwriter of results and a negative survey might reflect irrational desires, however it is for the most part a smart thought to perceive how the group feels around a given separation lawyer.

 

When To Hire A Divorce Attorney If Mediation Isn’t Working

divorce mediationGoing through a divorce can be difficult. It can even be more difficult when divorce mediation is not working. If mediation isn’t working, then it may be time to get a divorce attorney. Here is when to get a lawyer.

1. Can’t Agree On Custody Arrangements – If you have kids and you’re going through a divorce, then you and your spouse will need to figure out custody and visitation arrangements. The chances are you and your partner will not agree or come to terms with what the arrangements should be and this is why you should hire a divorce attorney. A good divorce attorney has experience dealing with custody and visitation issues and they will work to make sure you get a fair deal, so always hire a divorce lawyer if you and your spouse have kids together.

2. Property Disputes – Sure, during mediation you and your spouse will discuss property issues, such as who will get property you guys own together or whether or not property will be divided, sold and so forth, but sometimes property issues do not become resolved. If mediation isn’t resolving issues surrounding property you and your partner obtained throughout the marriage, then it’s time to get a divorce lawyer. If you and your spouse own real estate together, cars, vacation homes and other valuable pieces of property, then a divorce lawyer can help make sure you get your fair share of property.

3. Spousal Support – If you or your spouse make a significant amount of money, there’s a chance that one of you will seek spousal support. If mediation doesn’t resolve the issue surrounding spousal support, then get a lawyer as soon as possible. The last thing you want is to get an unfair deal because you didn’t have someone representing your best interests in mind. You don’t want to have to pay an unfair amount, nor do you want to receive an unfair amount, and this is why you should hire a divorce lawyer who has experience with this issue.

The truth is divorces are harder than people realize, and this is especially the case when kids are involved or if there is a significant amount of property involved. This is also the case if you or your spouse seeks spousal support. With that said, if mediation doesn’t seem like it’s working, then you should hire a divorce attorney as soon as possible.

Appliance Repair Needs, Shops And Warranties

Residential appliances have become so ingrained in our lives that we never realize their presence until they break down. Most people panic when their home appliance stops working. The very thought of living for a few days without their precious appliance can make people hysterical, and they can go to any lengths to solve their problem. Most people quickly leap over to call their nearest appliance repair technician to address the problem.

If you plan to fix the household appliance without getting professional help, you must check if the appliance is under warranty before attempting repairs. In case you decide to fix an appliance that is under warranty, your actions will instantly invalidate the warranty. If you are unsure about the product warranty, you could call the brand customer care to verify the same. Those who plan to deal with the repair situation on your own; here are a few tips to help you.

Most reputed companies offer at least 1-year warranty on the appliance. So, make sure you keep the purchase receipt in a secure place, as this can help significantly in the future. You can also call the customer care of the brand and get the warranty information from them. Using the services of the appliance manufacturer of a product under warranty is usually more cost-effective than calling a local appliance service technician. For instance, when your microwave is not working, it is best to call a company-authorized technician to solve the problem. If you call local microwave repair technician, it can cost you more.

  • If you request for a service visit, make sure you read the terms of the warranty. You must have all the required information to file the claim. If an incomplete information is submitted when filing a claim, you claim could be rejected. In case, you have spent on repairs when a company-authorized technician visits your house. Your expenses will be reimbursed by the company if the product is under warranty.
  • Most repair companies have specialists who will visit your house to fix the problem. For instance, if your stove is not working, the stove repairman will visit your home to troubleshoot the problem. Minor problems can be fixed in-house; however, significant problems can only be fixed at a specialist shop location.

When looking for a fridge service technician, washer technician, or any other appliance technician, some of the questions you must ask include:

  1. Will they be able to repair the appliance?
  2. Can they guarantee the arrival time of the technician?
  3. Will the technician call you before visiting your place?
  4. Will the appliance be fixed at the specialist shop or will a technician visit your house?
  5. Do they offer a warranty on parts replaced and service provided by them?
  6. Is there an upfront payment you must make when the specialist visits your home?
  7. If you make an upfront payment, will this amount be deducted from the total bill?
  8. If the financial expenses of repair are more than what you can afford, will they give an option of monthly payment?
  9. Do they offer a monthly service plan or an annual maintenance contract? Does the contract include charges for both replacement parts and labor?

Once you get answers to all the above questions, you can quickly select the company that meets your requirements. Also, these issues will help in reducing any anxiety you may have about your appliance and its repairs. So now, you can easily find appliance repair Miami services near you!

Six Reasons Why Hiring A Real Estate Attorney Is Very Important

It’s always a good idea to involve a real estate attorney when you’re buying or selling a home. If you’re not aware of that just yet, you’re going to know why soon enough.

One of the main reasons is to help with the meticulous closing process in general. Each one of those 50 pages you have to sign stands for a reason why you want legal representation. In all seriousness, you might not have to sign 50 pages, but that’s probably not too much of an exaggeration.
real-estate-lawyerWhile the closing process, in general, is reason enough to have a real estate attorney on your side, think about alternative financing solutions and what they call for. Have you ever owner financed a home? Maybe you’ve purchased one using owner financing. When you do this, you want a lawyer to make sure everything is drawn up appropriately, and you’re protected by the agreement. Both sides want this, both the seller and the buyer.

I purchased a vacation property using owner financing, and while I and the other party are close friends, we still did everything through an attorney. You’re not just protecting yourself when it comes to doing business with other people, but you want everything legally and in the books correctly. The papers that the lawyer drew up along with my title to the property is what I keep in a big blue folder proving that I own the condo once it’s paid off.

If you’ve been considering whether or not you need a real estate lawyer during the buying or selling process, ask yourself a different question. Ask yourself why you wouldn’t want to use one. The only thing I can think of is the associated costs. However, there are different ways to handle these costs, and once you know this, that becomes yet another reason why you should go ahead and hire one. The reasons for hiring an attorney are much greater than any reasons you can come up with not to hire one.

People even try to get away with not having an agent these days. Even for a vacation property that was owner financed, I had both an agent and a lawyer. I needed the agent to be my eyes and ears because I was in a different state. If you don’t have reason enough for a real estate attorney right now, there are plenty more reasons why you should hire one. Don’t even think about making such a major purchase decision without one.

Building Codes For Replacement Impact Windows Installation

impact-windows-installationBuilding codes are part of the law within any jurisdiction where they have been enacted. Contractors must adhere to the rules when constructing a new residential building or remodel an old house. Building codes vary significantly across different states depending on how the standards for public health, safety, and general welfare requirements are determined. Building permits must be obtained for window replacements on any existing openings. Even if you want to install replacement windows yourself, you must familiarize yourself with the building codes of your state.

Different states may change their building codes from time to time to meet new standards. When that happens, sometimes there could be cost implications that contractors and household owners must clearly understand. For instance, the State of Florida introduced a new building code back in the early 2000s. Impact resistant windows became a requirement, and that significantly increased the budgets most homeowners had to set aside even for remodeling projects. Windows that would usually cost around $3,000 went beyond $15,000. Now the Florida building code in place, the 5th edition of 2014, introduces new energy requirements as far as storm windows are concerned. Similar changes of building codes have taken place in many other states across the country.

Despite the challenges that homeowners and contractors face when building codes in their states change, it’s always important to get the most accurate interpretations of the rules related to the installations of hurricane windows and even doors. That makes it easier to do the installations much faster and safely.

Although many people still think building codes are meant to frustrate them, it’s important to appreciate the fact that they are designed to provide protection against various dangers. High impact windows can protect your property from damages that could be caused by storms and hurricanes. It is therefore in the best interest of every homeowner and contractor to understand building codes, not only to avoid being on the wrong side of the law but also to be safe and save more.

Warranty Laws – Know Your Additional Rights On Your Appliance Service

warranty-lawsIf you are like most consumers, you may not be aware of all the extra rights you have under federal or state warranty laws of your home appliances. If you realize that a residential refrigerator you purchased from a retailer is defective, even if that is after the expiry of the express warranty, you may still be entitled to get an appliance service, replacement, or full refund of your money. Such additional rights often apply within a reasonable period of using the product in your house, if the product is priced over $15 and if repeated attempts to repair it have not been successful.

For instance, if the written warranty of a household appliance like your refrigerator has already expired, but there is clearly a problem that makes it not to function properly, you will need to check out if your state laws protect you as far as implied warranties are concerned. Most state laws grant this automatic protection, and it is usually unwritten. Some companies may try to negate implied warranties using disclaimers or in some rare cases stating that they sell the product “as is” or “with all faults”. About 11 states prohibit selling products “as is”, not unless strict requirements are followed, including stating exactly what the product faults are.

Over the period any written warranty or contract for appliance technician service remains in effect, a company may be prohibited under certain state laws not to disclaim implied warranties. States laws that offer strong consumer protection may also allow you to claim incidental damages. These may occur, for instance, if your defective refrigerator ruins the food stored inside. There are many other types of protections you could consider taking advantage of to get service from appliance repairman, replacements or refunds. Of course, these protections cover a wide variety of products and not just appliances. Credit card warranties and chargebacks, lemon laws, recalls and even goodwill programs that some companies may offer, all could give you additional protection. Extended warranties or appliance repair contracts may not be useful because their costs are often higher than what you are likely to pay for the services of a refrigerator service technician if any faults occur at all.