Blog Posts

Does the lemon law apply to manufactured homes?

8/17/2018

a mobile home is a practical and flexible option for a lot of homeowners. However, mobile home owners are among the least protected by housing laws because they own the home but not the land beneath it. So what happens if you purchase a new mobile home and shortly thereafter realize you have a major problem like mold that you can’t easily fix? You need to determine whether your mobile home is protected under Lemon Law.

In some states, the answer is a clear yes, but if your state’s answer is no, you may have to look for recourse elsewhere – for example, some states may offer protections against deceptive trade practices instead through a consumer protection entity. Either way, it’s important to contact a lawyer as soon as possible because dealing with mobile homes can be tricky legally. Your best bet to get the most money back on your defective purchase is with an attorney through a Lemon Law or warranty case, rather than through another route like small claims court.

If your state does clearly consider mobile homes protected under the federal Magnuson–Moss Warranty Act, then you are more likely to have a strong case. Make sure you always keep a clear copy of your original purchase contract, any work repair orders you have made, as well as photos and videos to document damage or needed repairs. This way, when you do contact an attorney, they can help you determine quickly if you have a case.

Have you ever purchased a mobile home and dealt with costly repairs?

Is A Voice-Controlled Co-driver Right for You?

8/10/2018

Voice-controlled co-drivers are the latest innovation to hit the auto market in response to voice automated technology. An interactive voice-controlled co-driver can set GPS directions, locate the nearest coffee shop or other restaurant choice, pinpoint the next rest area, and much more.

Similar to Amazon's Alexa, these features give you the convenience of a smart phone without having to touch or look at a screen. Since the Insurance Institute for Highway Safety, Highway Loss Data Institute (IIHS) states 94 percent of car crashes are caused by distracted driving, a voice-controlled assistant sounds perfect. But there are a couple of instances where you might want to reconsider this feature, or, at the very least, be prepared to overcome some challenges.

If you're not technologically savvy, this may not be for you. You have to program the feature before you start, and there is a learning curve. If you have difficulty with Alexa or other voice-activated features around your house, you might want to reconsider utilizing the voice control feature.

If you have a thick accent, you may have to forego a voice-controlled co-driver. While the units are programmed to understand over a hundred languages, if you speak English as a second or third language, the system may not be able to recognize your accent. The same goes for rural or regional accents which would cause you to be misunderstood. The frustration might be more time-consuming than it’s worth.

But if you fall into one of these categories and love the idea of voice control, you don't have to discard the idea of a co-driver altogether. Improvements are being made every year, and you can take steps to embrace this new technology. In the meantime, if you’re determined to use this feature now, you can always ask your dealer or a friend to help you set up your system, and you can ask your car dealer to let you try a system to see if it understands your accent. This will enable you to make a better purchase.

It's estimated 67 million voice-assisted devices will be in use in the United States alone by 2019. So despite some obstacles, you can still let your voice be heard.

What can you do if there is false information on your credit report?

8/3/2018

While you can go on line and get your credit report, you have to understand the impact of what you are doing. First, you may or may not be able to get your report cleaned up. You need to request a copy of your report by sending a request through the mail, not the internet. You need to look on the Credit Reporting Agencies’ websites for a physical address to use. Once you get the address, prepare a letter to the CRA. You may have to provide your full name, current address, birthday, and social security number. Send your request by certified mail so you know the CRA received it.

Once you get your report, go through it carefully. If it contains wrong information, you will have to write back asking that the wrong information be removed. You should provide copies of any proof the information is wrong.

You should then write a letter to the company that gave the CRA the information (the furnisher). Let it know the information is wrong, and it should tell the CRA to take the information off your report. Remember, the company probably doesn't know who you are. Do not assume the person who opens your letter will know your account number or what you are talking about. Be very clear in your explanation of what is going on and what you want them to do.

You will then have to wait to see what the CRA and the furnisher will remove from your report. If everything you want removed comes off, then that is all you can do. As I said in the beginning, you have to understand the impact of your actions. You see, under the law, you cannot receive any damages until you have given the CRA an opportunity to fix the mistakes. They have to do a "reasonable investigation". If they do so and take the wrong information off your report, they are not liable for any damages. If you tell them the report is wrong, they don't take it off and then you try to use your credit but are turned down or you get a higher interest rate, then you may have the right to sue the CRA and the furnisher.

Here is another rub. Your request for a reinvestigation has to be to the CRA. When you go to a website for your report, you may actually be going to another company. If you complain to the company and then sue the CRA, the real CRA will say you never gave it the opportunity to fix the report so your lawsuit will get thrown out. Thank Congress and the CRAs for this neat trick.

I hope this helps. Good luck.

What should I do if I'm blocked in and feeling pressured to buy a car?

7/24/2018

When I started practicing, I heard about car dealers wanting to appraise someone’s trade in. When the dealer got the keys to the car, he would throw the keys on the roof [DC1] of the dealership. The idea was to make the customer feel helpless to the point he felt he had to buy a car.

In a yo-yo transaction, the dealer will require the return of the car if it cannot sell the retail installment sales contract. If a customer comes back to discuss the matter, the dealer may try to block in the car to keep the customer from leaving with it. In this situation, remember, the dealer may be the wrong doer.

Do not become the wrong doer. Don’t start yelling, throwing punches, or damaging cars. The first thing you could do is politely request that the dealership move the cars blocking you. If that does not work, move up the chain to a higher manager. If that does not work, keep moving up until you get to the general manager. I would expect all the managers to support their employees; however, you don’t know until you ask.

The next step might be to call the police. Understand that the police usually do not want to get involved in what they call “civil” matters; however, taking your property might be considered a theft. Hopefully, the introduction of the police will cause the dealer to do the right thing, but it is not guaranteed. If you still can’t get your car, you need to leave and contact a lawyer.

How do green cars work, and are they worth the price?

7/12/2018

It wasn’t so long ago that “green” cars were still a novelty. Now, you probably see several of them every day. It’s not really fair to lump environmentally-friendly cars into one category – there’s such a variety. You can purchase a battery-powered electric vehicle, a hybrid vehicle that uses both battery power and gasoline, compressed air vehicles, and even natural gas vehicles. While it may seem overwhelming to navigate through all the information that exists on these cars, it can be extremely worthwhile – eco-friendly cars can get a fuel-economy of up to 650 miles per gallon (or the equivalent for non-gas vehicles). Remember that old Ford sedan you drove ten years ago that got twelve miles per gallon if you were lucky? This isn’t that.

Less fuel means more money left over in your pocket, which is a good thing considering these cars don’t come cheap. In the lower- to mid-range, you can pick up something like a 2017 Hyundai Ioniq EV for about $29,500, and on the high-end, there are cars like the all-electric BMW i3 ($44,450) and Tesla Roadster ($200,000+). If you’re not a big spender looking for a luxury vehicle, you can expect to pay about $30,000. Because these cars are much better for the environment, many states offer generous tax credits to people who buy them – so you can expect to get about $2,500 to $7,500 back that way. In the long run, you’ll probably pay as much as you would for a gasoline-powered vehicle, but at least you’ll do less damage to the environment.

Do you drive a clean energy vehicle? How much did you pay, and did it save you money long term?

What Ditching Diesel-Cars Will Mean To Those Who Currently Drive Them

7/5/2018

If you own a diesel fueled car, you may be shocked that automakers are now phasing out the once popular fuel system. Toyota, Fiat, Volkswagen, and Porsche are among the most noticeable manufacturers to announce diesel phase outs, mainly due to the emissions testing scandal that hit the industry hard in 2015.

Many diesel drivers chose their vehicles because they were touted as low emission cars that were less polluting. When tests later revealed that emissions-test cheating software had been installed, these owners realized the vehicle they chose was, in fact, causing more pollution than their gasoline-fed counterparts.

What does the end of diesel vehicle production mean to those who currently drive them? In a word, nothing except for the knowledge your car isn't as ecologically friendly as you believed when you bought it. Several manufacturers, including General Motors, Mazda, Jeep, and Mercedes Benz, still plan on producing diesel engines so, as a whole, they will be available in the foreseeable future.

Even if diesel vehicles do become a thing of the past, diesel fuel will still be available for the foreseeable future as the demand for the fuel remains strong. A 2017 annual consumer fuel survey conducted by NACS (National Association of Convenience Stores) indicated that 45% of car owners said they would considering purchasing a car powered by diesel fuel, citing better fuel economy.

Although diesel drivers must come to terms with the fact their car is spewing far more emissions than they originally believed, they can look ahead for a much cleaner technology. Fiat Chrysler plans to have most of their offered vehicles to be either hybrid or fully electric by the year 2025, and the auto industry projects the cost of electric vehicles to be the same as gas powered cars by that year. Due to technological advances and falling battery costs, by the year 2040, a full one-third of the world is projected to have electric vehicles so, possibly, gas-powered cars will be quickly joining diesel cars as vehicles of the past.

The Top 5 safest cars and why

6/4/2018

When ranking cars for safety, the advantage goes to those who enjoy a higher income because the safest cars are ranked as luxury vehicles. This conclusion was reached by US News and World Report when they combined the Insurance Institute for Highway Safety’s rankings for vehicles by size in their tests for and the test crashes from the National Highway Traffic Safety Administration (NHTSA). The following list is two parts: the safest cars in each category as well as the safest new cars on the road.

From IIHS Safety Ratings:

Small cars: 2018 Chevrolet Volt with optional front crash prevention
Midsize cars: 2018 Honda Accord with specific headlights
Large cars: 2018 Kia Cadenza with optional front crash prevention and specific headlights
Small SUVs: 2018 Honda CR-V with optional front crash prevention and specific headlights
Midsize SUVs: 2018 Honda Pilot with optional front crash prevention and specific headlights

From US News and World Report's combined IIHS and NHSTA Rankings:

2018 Genesis G80 Hyundai midsize sedan
2018 Genesis G90 Hyundai luxury sedan
2018 Lincoln Continental all-wheel-drive large sedan
2018 Mercedes-Benz E-Class luxury midsize car
2018 Santa Fe / Santa Fe Sport Hyundai SUV

How does this help you if you're in the market for a new car or SUV? It gives you some guidelines of what to look for in regards to vehicle safety. If you can afford a luxury vehicle, check the safety ratings before choosing a vehicle on looks and amenities alone. The same goes if you can't afford to pay over $40,000 for a new car. Don't buy just because of dealer incentives or gas economy. Investigate the overall safety features as well as the national test rankings when you're choosing your new vehicle to ensure you have the safest ride possible.

If A Car I Buy is defective, can i return it within 72 hours?

5/29/2018

In another post, I wrote that you do not have 72 hours to return a car. If nothing is wrong with the car, that is generally true; however, if the car is nonconforming, which means it is not operating as it should be, you may be able to return it. The legal concept is called revocation of acceptance. To return the car, the problem with the car must substantially impair the value of the car to you if 1) you accepted the car knowing about the problem but were assured by the dealer that the problem would be fixed, and it was not or 2) you accepted the car without knowing about the problem because it was too hard to discover the problem, or the seller assured you nothing was wrong with it.

If the car is nonconforming, you must tell the dealer about it within a reasonable time. A “reasonable time” is not defined. It will depend on your circumstances so don’t wait. Tell the dealer you want your money back as soon as you can because the Court does not stop the clock, “time”, until you tell the dealer there is a problem with the car. Putting it in writing is even better. Keep a copy for your records. You must also tell the dealer about the problem before there is a “substantial change” in the car. There are plenty of things that could be a “substantial change” in a car. Think of it this way. You may not be able to return the car if you wreck it so don’t wait.

Remember this is not legal advice. There are lots of scenarios that can change how to approach this situation. Sit down with an attorney to discuss your options and how your situation fits with the law.

Podcast Guest/The Car Chick

5/24/2018

I was a guest on the podcast by The Car Chick (which is all about car knowledge for women and smart men) recently where we talked about the lemon law, what it means, and more. You can find more podcasts and much more information at www.whoisthecarchick.com.

Why driverless cars won't necessarily mean no more lawsuits

5/20/2018

riverless cars, which are technically known as autonomous vehicles, are getting more attention
as the first vehicular accidents occur. While recent accidents are either still under investigation or have been settled out of court, the question arises: will driverless cars put an end to lawsuits?

First of all, current autonomous technology isn't really driverless as the driver is required to monitor the road and keep his hands on the wheel in order to take over control if and when directed. Secondly, true vehicle automation is projected to take another ten years of technological advances so, at this point, answers in regards to litigation are speculative.

That being said, in the past decade Google has logged over 500,000 miles on their “driverless” vehicles without a single accident so part of the answer may be in preventive driver training before vehicle purchase. The National Highway Traffic Safety Administration (NHTSA states a full 94 percent of accidents are due to driver error so autonomous vehicles should sharply reduce the number of crashes and corresponding lawsuits. In fact, it already has, in the form of anti-lock brakes, electronic stability control systems, and voice-controlled GPS systems.

More than likely the legal system regarding vehicular accidents will evolve with the self-driving industry. Rather than liability being placed solely on the driver there will inevitably be some crashes attributed to the vehicle control system. In those cases, product liability laws, the legal framework used to determine if a defective product caused damages, may provide the basis for seeking legal remedy for property damages, personal injuries, and deaths from driverless car crashes.

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