Lemon Law Case Argued At State Supreme Court

Lemon Law Case Argued At State Supreme Court

The state Supreme Court is being asked to stop a lower court from proceeding with a case under the state's Lemon Law.

William and Connie Huston purchased a 1999 Mercedes-Benz ML320 SUV from a Charleston area dealer in the fall of 1998. The vehicle model was later part of a class action lawsuit in federal court in Pennsylvania because of some oil problems with the vehicles. The Huston's took advantage of the settlement, which extended the warranty on the vehicle to 10 years/150,000 miles.

About 10 years after its purchase the Hustons reported problems with their vehicle. They say Mercedes-Benz did not honor the extended warranty so they filed a complaint under the state Lemon Law.

Mercedes-Benz, which says it found nothing out of the ordinary wrong with the vehicle, believes Kanawha County Circuit Court doesn't have jurisdiction because of the prior federal court settlement, which the Hustons took advantage of.

The company's attorney, Harry Bell, told the state Supreme Court Tuesday, any problem with the settlement should filed in federal court in Pennsylvania.

"If they felt their Mercedes had done something wrong, they should bring their claim there (Pennsylvania federal court) regarding the settlement," Bell argued.

A Kanawha County circuit judge has ruled the local court does have jurisdiction over the Lemon Law complaint and the state Supreme Court has been asked to overturn that decision.

The Huston's attorney Mark Swartz told the High Court his clients can file a lawsuit under the Lemon Law because the warranty was not honored.

"So once they refused to honor their warranty you can sue for recision, you can sue for actual attorney's fees, you can sue to force them to take the car back," Swartz said.

Bell says there's no way the vehicle owners should be granted "full-value Lemon Law buyback" when the SUV was a decade old and had more than 124,000 miles on it when the complaint was filed.

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Lemon Law Case Argued At State Supreme Court

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What is the best Warranty service for your vehicle if you let your ...

I have a 2006 Cadillac CTS-V and I did not purchase the factory extended warranty. Now I don’t know what to do because I know I will be needing repairs. What is simply the best auto warranty policy. I need a policy that will allow me to take the car to the dealership to be repaired. Which one has the least amount of hassle and fixes nearly everything that goes wrong?

A savings account.

Unless it is a factory warranty, I wouldn’t trust it at all.

And a warranty is a gamble both on your part and the companies part. The company has studied the cars, expected maintenance necessary, and set the price high enough that they will make money. Which means most people will lose money on a warranty.

Again, a savings account is your best warranty.

The Cadillac CTS-V (Any V Series) is considered a premium vehicle at a higher risk for a warranty administrator to cover. The standard CTS, while still a premium vehicle, is covered by most warranty administrator’s out there. Be careful in selecting a warranty provider, I would recommend to go to your local Cadillac dealership and inquire about an extended warranty. However, the premium of this coverage may out way the benefit of coverage, you may want to stick with the other answers here to set aside a car repair budget in a savings account for unforeseen mechanical breakdown expense.

Keep these tips in mind if you choose to purchase online or offline:

- Always ask for the actual (or sample) copy of the service agreement that you will be purchasing. This allows for you to identify items that may or may not be covered under the product.

- Always call your local ASE certified repair shop and Cadillac dealership. Ask them if they accept or have had dealt with the Cadillac Extended Warranty you are considering. This will give you a good read on whether the company you are considering actually pays their warranty claims.

- Have questions about what is covered and what is not? Call the claims number on the service agreement you requested earlier. This will allow you to see how quick and how knowledgeable the warranty companies claim department is with its customers. Not just how quick their sales department is! If they have it, also ask for a complete list of components that are covered by the plan.


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Sixta Adjei How Do Extended Vehicle Warranties Work


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Warranties, planning analysis and implementation

Written by a well-known warranty authority, James R. Brennan's Warranties: Planning, Analysis, and Implementation demonstrates how to develop and negotiate ...

Vehicle dynamics, theory and applications

Vehicle dynamics, theory and applications

Throughout the text there is an emphasis on design, which provides a practical hands-on approach.

Electric vehicle technology explained

Electric vehicle technology explained

Presenting more than 160 diagrams and pictures, this book explains the science and technology behind these important developments, and also introduces the ...

An introduction to modern vehicle design

An introduction to modern vehicle design

Filling the niche between the more descriptive low level books and books which focus on specific areas of the design process, this unique volume is essential ...

Advanced vehicle technology

Advanced vehicle technology


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Vehicle Warranties and Car Service Contracts for an affordable price. Visit us today! ... Extended service contracts are not meant to cover problems that exist with a vehicle at ...

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Choosing to purchase vehicle extended warranty protection is ultimately a personal decision. It is a form of insurance – at least this is true in ...