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      <title>Texas Lemon Law Blog</title>
      <link>http://www.texaslemonlawblog.com/</link>
      <description>Published by Kevin Le</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
      <lastBuildDate>Fri, 29 Jan 2010 09:51:29 -0600</lastBuildDate>
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            <item>
         <title>Unofficial Lemon Information for the Toyota Prius</title>
         <description><![CDATA[<p>With the substantial increase in fuel costs, the momentum of demand for hybrid and electric cars will also exponentially increase.  Inevitably, my <a href="http://www.texaslemon.com/">Texas Lemon Law Office</a> have received at least one call from a potential client per month regarding a problematic or broken <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">lemon</a> hybrid vehicle.</p>

<p>While surfing the internet for technical service bulletins (TSBs) this morning, I stumbled upon a website that contains a list of car problems that owners of the <a href="http://www.texaslemonlawblog.com/2007/08/toyota_prius_may_be_a_lemon_ca.html">Toyota Prius</a> recently experienced.  The problems range anywhere from fuel system, airbag, dashboard,...to interior lighting.  </p>

<p>For more information about this website that contains "unofficial <a href="http://www.texaslemon.com/lawyer-attorney-1219789.html">lemon information</a> on the Toyota Prius," go <a href="http://www.betterworldclub.com/blog/2008/08/2008-toyota-prius.html">here</a>.</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2010/01/unofficial_lemon_information_f_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2010/01/unofficial_lemon_information_f_1.html</guid>
         <category>Toyota Lemon Law</category>
         <pubDate>Fri, 29 Jan 2010 09:51:29 -0600</pubDate>
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         <title>Toyota&apos;s potential mid-sized lemon colored lemon hybrid car</title>
         <description><![CDATA[<p>At the North American International Auto Show several weeks ago, Toyota ironically displayed a lemon/lime colored sub-compact concept hybrid vehicle.  I hope that the color of this vehicle is not a foreshadow that the model will become a new strand of <a href="http://www.texaslemon.com/lawyer-attorney-1219784.html">lemon cars</a>.</p>

<p><img alt="toyota%20lemon%20color%20car.jpg" src="http://www.texaslemonlawblog.com/toyota%20lemon%20color%20car.jpg" width="600" height="374" />  Photo by Daniel Acker  / Bloomberg <br><br></p>

<p>The vehicle is said to be a smaller version of Toyota's best selling hybrid vehicle, the Prius.  It is measured to be approximately 22 inches shorter than the <a href="http://www.texaslemonlawblog.com/2007/08/toyota_prius_may_be_a_lemon_ca.html">current Prius</a>.  Toyota executives stated that they plan to introduce this vehicle to consumers in several years. </p>

<p>Currently, Toyota is dealing with a massive recall regarding <a href="http://www.texaslemonlawblog.com/2009/09/differences_between_thetexas_l.html">abnormal surge</a> and acceleration found in several of its current vehicles.  If you own a new Toyota and have experienced this problem, it is recommended that you contact a <a href="http://www.texaslemon.com/lawyer-attorney-1543488.html">lemon law attorney</a> as soon as possible.</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2010/01/toyotas_potential_midsized_lem_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2010/01/toyotas_potential_midsized_lem_1.html</guid>
         <category>Toyota Lemon Law</category>
         <pubDate>Wed, 27 Jan 2010 23:07:25 -0600</pubDate>
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            <item>
         <title>Ed Whitacre selected as General Motor&apos;s Chief Executive Officer</title>
         <description><![CDATA[<p>Previous AT&T chief executive officer (CEO) Ed Whitacre is officially <a href="http://www.texaslemonlawblog.com/general_motors/">General Motor</a>'s (GM's) current and hopefully permanent CEO.  Whitacre served as GM's pro tem CEO -- after GM's board of directors fired Fritz Henderson about 2 months ago on December 1, 2009.</p>

<p>Mr. Whitacre comes from a heavy manufacturing experience.  He is known by his former colleagues to lead with a "heavy hand." </p>

<p>I hope this announcement will equate to the production of less <a href="http://www.texaslemon.com/lawyer-attorney-1219787.html">faulty</a> and <a href="http://www.texaslemon.com/lawyer-attorney-1219789.html">defective lemon</a> General Motor vehicles.  Whitacre will be GM's fourth hired CEO in less than twelve months.</p>

<p>  </p>]]></description>
         <link>http://www.texaslemonlawblog.com/2010/01/ed_whitacre_selected_as_genera.html</link>
         <guid>http://www.texaslemonlawblog.com/2010/01/ed_whitacre_selected_as_genera.html</guid>
         <category>General Motors</category>
         <pubDate>Mon, 25 Jan 2010 22:50:14 -0600</pubDate>
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         <title>General Motor&apos;s &quot;Lemon Free&quot; 60 day Satisfaction Guarantee Set to Expire in Nine Days</title>
         <description><![CDATA[<p>Several months ago, I posted a blog article about <a href="http://www.texaslemonlawblog.com/2009/09/general_motors_antilemon_law_m_1.html">General Motors' (GM) newly announced sixty (60) day satisfaction guarantee program</a>.  According to GM's frequently asked questions (FAQ) web-page, it looks like the program, which started on September 14, 2009, will now be set to expire in about 9 days from today, on January 4, 2010.  </p>

<p>If you are interested in taking advantage of <a href="http://www.texaslemonlawblog.com/2009/09/how_general_motors_money_back_1.html">GM's satisfaction guarantee program</a>, here are some things to keep in mind:</p>

<p>1) make sure all documents signed at the time of purchase is signed on or BEFORE January 4, 2010.  When you are negotiating pass closing hours the night of January 4, 2010, make sure that the dealership does not mis-date or intentionally leave the date space blank.  Failure to do so may give GM the opportunity to argue that your purchase of the Chevrolet, Buick, GMC, or Cadillac may not be eligible for a refund under the program guidelines.  Remember, the car dealership and GM (the manufacturer) are likely two different companies, when something goes wrong, the potential for finger pointing is high here.</p>

<p>2) there is a 30 day "vesting period" whereby you, the customer are required to keep the vehicle for at least 720 hours.  If you decide to return the vehicle before this vesting period has matured and you are merely waiting for the 31st day to return it, then remember to keep the vehicle in a safe place and make sure that it is adequately insured.  Anything that happens to the vehicle from the time you drove the car or truck off the lot to the time you physically drop it off for a refund is your responsibility. </p>

<p>For more suggestions, go to my previous blog article (<a href="http://www.texaslemonlawblog.com/2009/09/general_motors_antilemon_law_m_1.html">click here</a>), which highlights the terms of GM's satisfaction guarantee program.  Or, if you like to read the exacts terms, then click on the following links for the PDF version of the program </p>

<p><a href="http://www.texaslemonlawblog.com/Product%20Guarantee%20Vehicles%2060%20Day%20Satisfaction%20Guarantee%20GM%20FAQ.pdf">Download file page 1</a><br />
<a href="http://www.texaslemonlawblog.com/Product%20Guarantee%20Vehicles%2060%20Day%20Satisfaction%20Guarantee%20GM%20v2.pdf">Download file page 2</a><br />
<a href="http://www.texaslemonlawblog.com/Customer%20Assurance%2060%20Day%20Satisfaction%20Guarantee%20GM%20Terms%20v3.pdf">Download file page 3</a></p>

<p><br />
If you do not meet the guidelines to return your vehicle under this satisfaction guarantee program, you may be able to return it via the <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">Texas Lemon Law</a> or other <a href="http://www.texaslemon.com/lawyer-attorney-1219784.html">consumer protection laws</a>.  Click on the "contact us" link to contact my <a href="http://www.texaslemon.com/lawyer-attorney-1267103.html">Texas Lemon Law office </a>for more information -- we offer a <a href="http://www.texaslemon.com/lawyer-attorney-1244847.html">free legal consultation.</a></p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/12/general_motors_lemon_free_60_d.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/12/general_motors_lemon_free_60_d.html</guid>
         <category>General Motors</category>
         <pubDate>Sat, 26 Dec 2009 12:48:27 -0600</pubDate>
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         <title>Happy holidays or Merry Christmas </title>
         <description><![CDATA[<p>Please remember to celebrate this holiday season safely.  </p>

<p>If you will be in the market of purchasing a vehicle, then remember that the <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">Texas Lemon Law</a> generally does not apply to pre-own or used car.  </p>

<p>For used vehicles, remember to cross check the vehicle's history by using both Carfax and Autocheck, as information in one report is not cumulative or comprehensive.  The <a href="http://www.texaslemonlawblog.com/2009/04/texas_lemon_law_and_its_limita.html">best suggestion to avoid owning a lemon </a>is to use common sense and ask lots of questions.  I know that the pre-own car salesperson may be pushy -- just push back.  For more suggestions, then go <a href="http://www.texaslemonlawblog.com/2009/07/tips_from_the_texas_lemon_law_1.html">here</a>.</p>

<p>For <a href="http://www.texaslemon.com/lawyer-attorney-1219789.html">new cars</a>, remember also to ask lots of questions and gather as much information as possible.  Do research before you get to the dealership.  </p>

<p>I wish everyone a lemon-free holiday (unless the lemon in your holiday is a lemon pie).  Feel free to email or call my office if you have any questions regarding <a href="http://www.texaslemon.com/lawyer-attorney-1219787.html">the Texas Lemon Law for new cars</a>.</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/12/happy_holidays_or_merry_christ_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/12/happy_holidays_or_merry_christ_1.html</guid>
         <category>General Lemon Laws</category>
         <pubDate>Fri, 25 Dec 2009 12:34:02 -0600</pubDate>
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         <title>Lufkin Texas Lemon Law Information</title>
         <description><![CDATA[<p>Three days ago, the Lufkin Daily News printed an article about the <a href="http://www.texaslemon.com/">Texas Lemon Law</a>.  Under the paper's "Ask the Lawyer" section, a consumer wrote to Attorney Jeffrey Bates about a new vehicle that is constantly giving him repair problems.  </p>

<p>Mr. Bates responded by providing an outline and overview of the <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">Texas Lemon Law</a>.  Of importance is the section regarding "substantial impair."  </p>

<p>Remember, if you think that you may be in possession of <a href="http://www.texaslemon.com/lawyer-attorney-1219787.html">lemon car</a>, then remember to contact a lawyer, open a complaint with the <a href="http://www.texaslemonlawblog.com/2007/08/overview_of_the_better_busines.html">Better Business Bureau</a>, or file a case with the Texas Department of Transportation as soon as possible.  The <a href="http://www.texaslemonlawblog.com/2007/11/texas_lemon_law_deadline_statu.html">deadline</a> to do something will expire before you know it!</p>

<p>For more information about the Lufkin Daily News article, download the article here =>  <a href="http://www.texaslemonlawblog.com/ASK%20THE%20LAWYER_%20Explaining%20state%27s%20%27lemon%20law%27%20statutes.pdf">Download file</a><br />
</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/12/lufkin_texas_lemon_law_informa_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/12/lufkin_texas_lemon_law_informa_1.html</guid>
         <category>Texas Lemon Law Information</category>
         <pubDate>Tue, 15 Dec 2009 20:29:20 -0600</pubDate>
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         <title>A California lemon law Mini Cooper buyback experience</title>
         <description><![CDATA[<p>A consumer from California named Eric successfully got BMW to buyback his defective Mini Cooper.  The vehicle drop-off occurred on November 19, 2009, seven days before Thanksgiving.  Eric wrote a blog about his experiences and the steps he took to get BMW to <a href="http://www.texaslemon.com/lawyer-attorney-1219787.html">repurchase his vehicle</a>.  </p>

<p>As rare as it is from my experience, it looks like BMW did the right thing in this case.  I will say that the probability for car manufacturers to do the right thing in California is <a href="http://www.texaslemonlawblog.com/2008/09/some_differences_between_texas_1.html">much higher than in Texas</a>.  The<a href="http://www.texaslemon.com/lawyer-attorney-1219780.html"> lemon laws</a>, although named similarly, are both very different from state to state.  California Lemon Law, specifically the Song-Beverly Act, is much more consumer friendly than the <a href="http://www.texaslemon.com/">Texas Lemon Law</a>.  </p>

<p>Among other things, for one, California lemon law has an automatic attorney fee shifting provision that forces the car manufacturer to pay the plaintiff/consumer's attorney fees.  In Texas, the attorney fee shifting is not automatic,...at the <a href="http://www.texaslemonlawblog.com/2007/11/essential_documents_to_bring_a.html">lemon law administrative hearing</a>, the only way that the car manufacturer is required to pay the consumer's lemon law is if the car manufacturer obtained its own attorney and provide the consumer with proper notice.  Quite often, the car manufacturer will not hire an attorney and instead, would hire car experts who are trained by attorneys and have attended these hearings on a regular basis.  </p>

<p><img alt="2009-mini-cooper-s-convertible_100227167_s.jpg" src="http://www.texaslemonlawblog.com/2009-mini-cooper-s-convertible_100227167_s.jpg" width="315" height="418" /></p>

<p>For more details on Eric's experience, visit his blog <a href="http://erichadalemon.wordpress.com/">here</a>.</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/11/a_california_lemon_law_mini_co_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/11/a_california_lemon_law_mini_co_1.html</guid>
         <category>General Automobile</category>
         <pubDate>Sun, 29 Nov 2009 20:39:25 -0600</pubDate>
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         <title>To Avoid Buying Lemon Cars, Ebay now offers free Autocheck and Carfax</title>
         <description><![CDATA[<p>I must admit, I love to purchase small items on Ebay.  However, when it comes to buying large tickets items, such as a house or automobile, I will most likely stick to the traditional realtor or car dealer.  My reasoning stems from the concern that if something goes wrong (such as obtaining a <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">lemon</a> house or car), then it will be easier to hold a person or brick/mortar company responsible.</p>

<p>For years now, Ebay has been utilizing the pervasiveness of the Internet to auction vehicles through its website.  <a href="http://www.texaslemonlawblog.com/2009/07/tips_from_the_texas_lemon_law_1.html">Used or pre-owned car</a> dealers will list their inventory on Ebay for a fee.  The problem stems from the bad press that Ebay has been receiving regarding the vast amount of lemons that are being sold on Ebay's car auction site.</p>

<p>Just 2 years ago, I sat in on a lawsuit case about a buyer suing one of the car dealers who listed a lemon and wrecked car on Ebay.  The car dealer's defense was that he knew nothing about the car's history, even though the facts were very clear that there was a history of tamper and accidents linked to the car.  The dealer ended up losing and the car buyer was awarded several <a href="http://www.texaslemon.com/lawyer-attorney-1219787.html">thousands in damages</a>.</p>

<p>In an effort to avoid problems like the above and to gain consumer confidence, Ebay recently announced that it will offer the <a href="http://www.texaslemonlawblog.com/2007/09/are_used_or_preowned_lemon_car.html">AutoCheck and Carfax</a> service to online car buyers free of charge.  Autocheck and Carfax are paid for services that gives you a report card on a vehicle's history.  For example, if the vehicle has been subject to a major car accident, then the incident will most likely show up in the report.</p>

<p>One thing consumers should keep in mind is that Autocheck and Carfax is not 100% reliable.  There has been numerous cases where tainted or <a href="http://www.texaslemonlawblog.com/lemon_law_tips/">lemon vehicles</a> has shown up clean on Autocheck and Carfax.  My suggestion is to be extremely cautious when purchasing large ticket items online.  Sometimes, the traditional way of doing business may be the best way.</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/11/to_avoid_buying_lemon_cars_eba.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/11/to_avoid_buying_lemon_cars_eba.html</guid>
         <category>General Automobile</category>
         <pubDate>Sat, 21 Nov 2009 07:55:24 -0600</pubDate>
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         <title>Top Lemon Laws Consumers Should Know About</title>
         <description><![CDATA[<p><a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">Lemon laws</a> protect car buyers who have repeatedly tried to fix cars, to no avail. While laws vary by state, one of the strongest is the <a href="http://www.texaslemon.com/lawyer-attorney-1219787.html">Texas lemon law</a>, on which other state laws are modeled. There are also federal laws that <a href="http://www.texaslemon.com/lawyer-attorney-1219864.html">further protect consumers</a>. Consumers can use these lemon laws to get a refund or replacement for cars that require excessive repairs to fix warranty-covered problems.</p>

<p><a href="http://www.texaslemonlawblog.com/texas_specific_lemon_law/"><em>Texas Lemon Law</em></a>: The law applies to new automobiles, trucks, motorcycles, all-terrain vehicles, RVs, and towable recreational vehicles. These vehicles must have problems covered by a written factory warranty; claims must be filed within 6 months of the expiration of the warranty, 24 months, or 24,000 miles, whichever comes first. The law requires 2 repair attempts in the first 12 months or 12,000 miles and another 2 attempts in the second 12 months or 12,000 miles. If the problem is a serious safety hazard, it only requires 1 repair attempt in the first 12 months or 12,000 miles and at least one more in the second 12 months or 12,000 miles. The law also covers vehicles that are out of service for 30 days.</p>

<p><em><strong>California Lemon Law:</strong> </em>This law applies only to vehicles used for home or personal use. It requires 4 repair attempts or 30 days out of service within 18 months or 18,000 miles. If the problem could cause death or serious injury, it only requires 2 repair attempts.</p>

<p><em><strong>Florida Lemon Law:</strong></em> This law applies only to vehicles used for home or personal use, but doesn't cover off-road vehicles, motorcycles, mopeds, or trucks that weigh over 10,000 pounds. Claims must be filed within 24,000 miles of the vehicle's delivery, with at least 3 repair attempts or 30 days out of service.</p>

<p><em><strong>Idaho Lemon Law:</strong></em> It covers all new vehicles, whether for personal or business use, but doesn't cover motorcycles, farm equipment, trailers, or vehicles over 12,000 pounds. It requires 4 repair attempts or 30 business days out of use within 2 years, 24,000 miles, or the expiration of the warranty.</p>

<p><strong><em>Uniform Commercial Code, Article Two:</em></strong> This is a federal statute that affirms the consumer's right to a replacement vehicle if they have complied with all procedures to replace a vehicle.</p>

<p><strong><em>Magnuson-Moss Warranty Act:</em></strong> This federal statute protects consumers from companies that won't fulfill the warranty terms. Significantly, it applies to used cars with a warranty, requires companies to redress problems within a reasonable amount of time, and allows consumers to recover attorney's fees. The latter puts pressure on companies to resolve issues before they reach court.</p>

<p>Naturally, the ideal situation would be not to purchase a lemon in the first place. To avoid buying a lemon, buyers should research both the cars and car dealerships to find out about common problems and others' experiences. A third-party mechanic's review may also be helpful before purchase. But if a buyer does end up with a lemon, he or she can take some meager comfort in the fact that <a href="http://www.texaslemonlawblog.com/2009/08/top_two_misconceptions_of_the.html">lemon laws</a> allow them some recourse.</p>

<p><em>The following guest post was written by Christine Howell who frequently writes about Online Law Degree and college related topics for <a href="http://www.onlinecollegeguru.com/">Online College Guru</a>, an online college directory and comparison website.<br />
</em></p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/10/top_lemon_laws_consumers_shoul.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/10/top_lemon_laws_consumers_shoul.html</guid>
         <category>General Lemon Laws</category>
         <pubDate>Mon, 26 Oct 2009 19:01:57 -0600</pubDate>
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         <title>Hyundai Lemon Law case over attorney fees</title>
         <description><![CDATA[<p>Hyundai recently lost a California <a href="http://www.texaslemon.com/lawyer-attorney-1219978.html">Lemon Law</a> case over attorney fees in the Court of Appeals of California -- Fourth Appellate District.  The case revolves around Adina Vasquez's purchase of a defective 2005 Hyundai Sonata.  Vasquez hired a <a href="http://www.texaslemon.com/lawyer-attorney-1219864.html">lemon law attorney</a> and sued under the California Song-Beverly Act and the <a href="http://www.texaslemonlawblog.com/2007/08/william_magnusson_the_cocreato.html">Magnuson</a>-<a href="http://www.texaslemonlawblog.com/2007/08/frank_moss_the_second_cocreato.html">Moss Act</a>.</p>

<p>Vasquez was able to get a <a href="http://www.texaslemon.com/lawyer-attorney-1219789.html">repurchase on the vehicle</a>, but the issue of attorney fees remain pending.  Thereafter, Vasquez's attorney sued for attorney fees in the amount of $51,012.  Hyundai fought and the trial court agreed with Hyundai -- it refused to award any attorney fees to Vasquez's attorney.  Vasquez's attorney took the case to the Fourth Appellate District Court of California.</p>

<p>In its unpublished decision dated on October 13, 2009, the appellate court sided with Vasquez in stating that Vasquez's attorney is entitled to "reasonable attorney fees."  The case is remanded back to the trial court to determine the reasonableness of $51,012.</p>

<p>For more information, click on this <a href="http://www.texaslemonlawblog.com/California%20Lemon%20Law%20Attorney%20Fees.pdf">pdf.</a><br />
</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/10/hyundai_lemon_law_case_over_at.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/10/hyundai_lemon_law_case_over_at.html</guid>
         <category>General Lemon Laws</category>
         <pubDate>Sun, 25 Oct 2009 23:22:10 -0600</pubDate>
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         <title>Win a Texas Lemon Law Case by making sure your repair invoices are accurate</title>
         <description><![CDATA[<p>Often times, potential clients will call me with a set of facts that meets the minimum requirements of the <a href="http://www.texaslemon.com/lawyer-attorney-1219864.html">Texas Lemon Law</a>.  However, once I ask the potential client to fax me the repair invoices, I learn that the receipts were either inaccurate or unavailable.</p>

<p>Many dealerships, in preparation for a <a href="http://www.texaslemon.com/lawyer-attorney-1219787.html">lemon law claim</a>, would find ways to set up the situation against the consumer's favor.  For example, the repair invoice always includes the legal jargon that the "customer states...." so-and-so.  It never states that "we the dealership found or discovered a serious defect: -- because that would be considered an admission to liability.</p>

<p>Other times, the dealerships will merge two separate repair visits onto one invoice.  In the eyes of most <a href="http://www.texaslemon.com/lawyer-attorney-1219978.html">Texas Lemon Law</a> administrative judges, one repair invoice equals only one visit.  The rule of thumb is that once you've driven the car off the lot for a repair invoice and the same problem re-manifests itself, then you should turn around, have the dealership attempt to repair the defect and request a separate repair receipt.</p>

<p>Another <a href="http://www.texaslemonlawblog.com/2007/12/how_car_dealers_avoid_liabilit_1.html">inaccurate repair invoice</a> situation is when the dealership mis-types that mileage in and mileage out area of the repair invoice.  I have had a client that noticed that the odometer had 400 miles added to it when it was in the possession of the dealership.  The repair invoice indicated that only 4 miles were driven.</p>

<p>Like anything, if you notice that the repair invoice is not accurate, then DO NOT sign the repair invoice.  </p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/10/win_a_texas_lemon_law_case_by_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/10/win_a_texas_lemon_law_case_by_1.html</guid>
         <category>Lemon Law Tips</category>
         <pubDate>Wed, 14 Oct 2009 22:07:15 -0600</pubDate>
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         <title>Differences between theTexas lemon law and Toyota&apos;s safety recall</title>
         <description><![CDATA[<p>Toyota recently issued a safety recall to address its vehicles' abnormal acceleration while in operation.  This will be considered one of Toyota's largest recall and perhaps most costly recall in the United States relating to the safety of the vehicle.</p>

<p>The reason why this recall is considered so massive is because it applies to numerous Toyota models, including the ever popular Camry, Avalon, Prius, Tundra, Tacoma, and Lexus.</p>

<p>The actual recall itself is still pretty vague.  Toyota's current recommendation is to remove the floor mat underneath the accelerator to prevent it from sticking between the gas pedal.  Toyota still has not issues any official notice for a permanent fix.  </p>

<p>Why is Toyota issuing this recall, rather than not doing anything and waiting for consumers to <a href="http://www.texaslemon.com/lawyer-attorney-1267103.html">file lemon law claims</a>?  Well, Toyota has known about this problem since 2004, when Toyota drivers reported numerous crashes and injuries due to uncontrollable acceleration.  Toyota waited Five years later, right up until the National Highway Traffic Safety Administration (NHTSA) finally issued a warning.  (Talk about red tape and bureaucracy in action)!</p>

<p>So, how is a safety recall such as this one different from a <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">lemon law claim in Texas</a>?  Both situations pertain to defective cars.  However, in a safety recall, the car manufacturer is the entity that proactive will correct the defect.  In a lemon law claim, you would have to assert your right through the administrative process, or sue under consumer protection laws such as the <a href="http://www.texaslemonlawblog.com/2007/08/william_magnusson_the_cocreato.html">Magnuson</a>-<a href="http://www.texaslemonlawblog.com/2007/08/frank_moss_the_second_cocreato.html">Moss</a> Warranty Act or Texas Deceptive Trade Practices Act.  Also, a lemon law claim is usually smaller scale, while a safety recall involves several hundreds of thousands, if not millions of cars.</p>

<p><img alt="toyota_tundrafront_grill_emblem_view.jpg" src="http://www.texaslemonlawblog.com/toyota_tundrafront_grill_emblem_view.jpg" width="450" height="269" /></p>

<p>Here's the kicker...Irv Miller, Toyota's spokesman, really shows how much he cars about consumer safety by saying that if Toyota owner's can not remove the floor mat, then they should merely "step" on the brake pedal with both feet until the vehicle slows.  Right,...because stepping on the brake pedal with one feet is obviously not enough.<br />
</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/09/differences_between_thetexas_l.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/09/differences_between_thetexas_l.html</guid>
         <category>Toyota Lemon Law</category>
         <pubDate>Tue, 29 Sep 2009 23:11:23 -0600</pubDate>
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         <title>Ford&apos;s Third China Plant may inevitably produce some lemon cars</title>
         <description><![CDATA[<p>Amid a decline in car production and sales in the United States, Ford recently made the announcement and is currently working on building its third car plant in China.  As in any car plant, the production of vehicles that may be <a href="http://www.texaslemon.com/lawyer-attorney-1219978.html">lemon cars</a> subject to the <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">Texas Lemon Law</a> is inevitable.  </p>

<p>The real question is whether the number of <a href="http://www.texaslemonlawblog.com/2009/08/the_dealership_has_been_really_1.html">defective lemon cars </a>produced at this new car plant will be disproportionately higher than Ford cars made in other plants or countries.  It is a matter of quality control and I hope that this new China plant will be better than most products I have experienced with that comes from China.  Lead and toxic chemicals in children toys come to mind...</p>

<p>This new third Ford car plant has the capacity to build approximately 145,000 to 150,000 cars each years.  As speculation, a percentage of those cars may eventually enter into Texas' stream of commerce.  </p>

<p>If you drive a Ford that requires multiple visit to the dealership for repairs within the first 6 months of ownership, you may want to call up a <a href="http://www.texaslemon.com/lawyer-attorney-1219864.html">lemon law attorney</a> to learn what your rights are.  </p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/09/fords_third_china_plant_may_in.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/09/fords_third_china_plant_may_in.html</guid>
         <category>Ford Motor Company</category>
         <pubDate>Fri, 25 Sep 2009 00:33:02 -0600</pubDate>
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         <title>How General Motor&apos;s Money Back Guarantee will create more lemon cars in the demo and used car market</title>
         <description><![CDATA[<p>At the end of the day, it's all a numbers game.  For future demo or <a href="http://www.texaslemonlawblog.com/2009/07/tips_from_the_texas_lemon_law_1.html">used GM car buyers</a>, the number might not be in your favor.  Here's why...</p>

<p>General Motors' new money-back guarantee will most likely attract many consumers and new car buyers between September 14 - November 30.  After the wave of car purchasers drive the vehicle for 31 to 60 days, a percentage of these folks will take advantage of the money-back guarantee program and return the vehicle (sometimes between October 15 through December 29).  </p>

<p>The reasons for returns, like electronics, may vary from preference (nothing is wrong with the vehicle) to defects (the vehicle's engine is sputtering black smoke and it's been taken back 4 times for repairs).  Unlike returned electronics, GM has been silent and has not mentioned any refurbish or product re-certification program.  </p>

<p>In other words, cars returned from the money-back guarantee may or may not have a "refurbished" sticker on them.  They will join the inventory of <a href="http://www.texaslemonlawblog.com/2009/04/texas_lemon_law_and_its_limita.html">other used cars</a> and there will most likely be a flood of used cars on the market by December or January.  </p>

<p><img alt="refurb_iphone.jpg" src="http://www.texaslemonlawblog.com/refurb_iphone.jpg" width="450" height="338" /></p>

<p>Another indirect problem this will create points to simple economics.  More supply equals less demand and decrease in price.  In other words, with the saturation of used GM cars on the market, depreciation will probably be worse than it ever will be.  </p>

<p>If you are think that <a href="http://www.texaslemonlawblog.com/2008/06/used_car_generally_not_applica.html">used cars are protected under the Texas Lemon Law program</a>, then think again.  The protection is very limited and often times, not very advantageous for the consumer.</p>

<p>I hope my projections are wrong.  If it is not, then it appears that GM's money-back guarantee program might be a <a href="http://www.texaslemon.com/lawyer-attorney-1219780.html">lemon program</a>.</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/09/how_general_motors_money_back_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/09/how_general_motors_money_back_1.html</guid>
         <category>General/MISC</category>
         <pubDate>Wed, 16 Sep 2009 00:39:13 -0600</pubDate>
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         <title>General Motor&apos;s Anti-Lemon Law Money Back Guarantee, with Strings.</title>
         <description><![CDATA[<p>Fifty billion dollars of taxpayer's bailout money and numerous <a href="http://www.texaslemon.com/lawyer-attorney-1219978.html">lemon cars</a> later, General Motors is attempting to regain consumer confidence and a segment of its lost shares in car sales by offering a sixty days (60) money back guarantee.  The money back guarantee sounds enticing, but buyer beware,... like most offers in life, it comes with strings.</p>

<p><strong>String #1:</strong> You must purchase a <a href="http://www.texaslemonlawblog.com/2007/11/general_motors_gm_to_incur_a_3.html">GM vehicle </a>between today (September 14th) and midnight November 30th.  Make sure that when you have finally agreed on a deal with the dealership, that all paperwork is dated within this time-frame.  Do not allow the dealership to back date any documents you sign.  </p>

<p><strong>String #2:</strong> The vehicle must be a new 2009 or 2010 Buick, Cadillac, GMC, or Chevrolet.  No used or pre-owned cars!<br />
<strong><br />
String #3:</strong> You can only return the vehicle you purchased AFTER 31 to 60 days after purchase.  Here is the kicker, upon return, you MUST have driven the vehicle less than four thousand (4,000) miles.  That is about 67 miles to 129 miles per day.  (You hot shot drivers who intend to use this vehicle for commercial purposes -- don't bother).</p>

<p><strong>String #4: </strong>The money back guarantee DOES NOT include dealer installed accessories.  Keep in mind that dealers add several hundreds to thousands of dollars in accessories as a way of making additional profits.  Who wants new floor mats that has the GM logo engraved on it for about seventy-five dollars anyways?</p>

<p><strong>String #5:</strong> The money back guarantee DOES NOT include negative equity.  In other words, if you are planning on trading in a vehicle that is worth less than what you owe to your creditor (the car financing company) -- then DO NOT do it.  In the event that you return this car within the requirements above, you are still responsible for the difference in negative equity (an amount that the dealer often absorbs).</p>

<p>I appreciate GM's new program and it appears that the company is heading toward a positive direction.  However, please note that <a href="http://www.texaslemonlawblog.com/lemon_law_tips/">lemon cars </a>often times don't manifest problems until after 3 to 6 months of ownership.  Perhaps GM should focus on designing vehicles with engine and components that are more reliable,...and let its product speak for itself.  Personally, I would rather buy fresh <a href="http://www.texaslemon.com/">quality lemons</a> and never have to worry about returning it than buying sub-par lemons only to have to deal with bringing it back to the store again.  Hey -- it is your time and patience -- you decide what its worth.</p>]]></description>
         <link>http://www.texaslemonlawblog.com/2009/09/general_motors_antilemon_law_m_1.html</link>
         <guid>http://www.texaslemonlawblog.com/2009/09/general_motors_antilemon_law_m_1.html</guid>
         <category>General Lemon Laws</category>
         <pubDate>Mon, 14 Sep 2009 00:03:36 -0600</pubDate>
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