blogspot2007 Blogger site in 2007

Success Lessons from Baseball - Enthusiasm And Excitement Can Make The Difference


I remember, about 35 years ago, reading two books by Frank Bettger, the baseball player, about how enthusiasm made all the difference in his life. His books made a difference in my life at the time and are still well worth reading and re-reading.

Probably the most famous of his books is "How I raised myself from failure to success in selling". Frank died in 1981 but his books and priceless ideas live on.

In 1907, he played baseball for Johnstown in Pennsylvania for $175 dollars a month. He was young and ambitious but was fired for being lazy. He was not really lazy but had been trying to control his nervousness by being laid back.

His manager told him: "Whatever you do after you leave here, for heaven's sake, wake yourself up and put some life and enthusiasm into your work."

Frank went to Chester, Pennsylvania where he played baseball for only $25 a month. Frank commented: "Well, I couldn't feel very enthusiastic on that kind of money but I began to act enthusiastic."

After a few days he was given a trial at New Haven, Connecticut. No one knew him in that league so he decided to establish a reputation for enthusiasm. Once established, he would be forced to live up to his own reputation:

"From the minute I appeared on the field I acted like a man electrified. I acted as though I were alive with a million batteries."

Frank threw the ball hard and fast around the diamond and ran like a madman to score for his team. All this was on a hot day when the thermometer was 100 degrees. The act he was putting on worked like magic.

His nervousness now worked for him by fueling his energy. His enthusiasm affected the other players on the field and they, too, became enthusiastic. He felt better during the game and after it than ever before.

Next day, the New Haven newspaper wrote: "This new player, Bettger, has a barrel of enthusiasm. He inspired our boys. They not only won the game but looked better than any time this season."

The papers began calling him "Pep" Bettger, the life of the team. Enthusiasm increased his income in ten days from $25 a month to $185 a month. This was a 700% increase.

Bettger insists that he earned the income not for his ability which was the same as before but for his enthusiasm alone. He could not catch or hit better than before. Two years later he was playing 3rd base for the St Louis Cardinals.

Another two years later, he injured his arm and was forced out of baseball. Two years after this, he ended up selling life insurance. He was a miserable failure at this until he went to a public speaking course run by the great Dale Carnegie. Carnegie, like his first manager, told him to be more enthusiastic.

Carnegie then went on to give a talk on enthusiasm to his class. He became so excited that he threw a chair against a wall and broke one of its legs. All this reminded Frank of his early experiences in the baseball world.

"That night, I decided to stay in the insurance business and put the same enthusiasm into selling that I had put into baseball."

During his first sales pitch after this decision, he became so excited that he pounded his fist. He could hardly believe it when his customer listened intently and then bought the insurance policy.

He does not equate enthusiasm with fist pounding but "if fist pounding is what you need to arouse yourself inside, then I am overwhelmingly for it. I know this; when I force myself to act enthusiastic I soon feel enthusiastic."

Frank went on to become a great salesman and a man who has inspired many other salesmen and ordinary citizens to live their lives with enthusiasm.

A salesman who is enthusiastic can outsell a non enthusiastic salesman who has much greater knowledge. The enthusiastic person is like a magnet. He or she attracts and inspires others to do what they thought was beyond them.

You can acquire enthusiasm simply and quickly by forcing yourself to act enthusiastically. It also helps to re-read your favourite inspiring passages daily.

Frank, himself, was inspired by a great quote from Walter Chrysler. When Chrysler was asked to give the secret of success, he listed qualities such as 'ability, capacity, and energy' but added that the real secret was 'enthusiasm.'

"Yes, more than enthusiasm," said Chrysler, "I would say 'excitement'. I like to see men get excited. When they get excited, they get customers excited and we get business."

Enthusiasm can make a huge difference. We could all benefit by being enthusiastic about something that we currently find boring. We could be amazed at how excited we become and how skilful we become. We could also notice that the fire of our enthusiasm soon spreads to other people.

We could end up in the 'major leagues' of whatever we become enthusiastic about and we could have more friends, more fun and more money!

John Watson is an award winning teacher and 5th degree blackbelt martial arts instructor. He has written several ebooks on motivation and success topics. One of these can be found at http://www.ds.com/36_laws.php

You can also find motivational ebooks by authors like Stuart Goldsmith. Check out http://www.sa.com/the_midas_method.php

Ezine owners and website owners are welcome to publish the article above but please include the resource box.

okay fuck.
first you didnt tell me where you were going.
second you told me that you're going to msg me.-so im fine with that.
third i got to know that you're working.

WITHOUT ME KNOWING A SINGLE SHIT?!

okay dis is making me really upset.
i dont care who ajak you,
the thing is why wasnt i told bout this?
so if i dint ask,u're gona lie,is it?

okay fine.
i give up.
from telling you wads right&wrong to telling you which is more important now.
since you are much older and knws wads the best for you,
than be that way.
i can only do that much for you.but if u cant balance it off yourself den suit yourself.


do wad you got/have to do.
im out for wad ever reason that have got to do with you.

live your life alone.
im still your girlfren but i dont play any part in your life.
cause you wouldnt let me.



aku stress.fucker lahhh siall.....

i miss 9 months ago wen im free from all of this.


7:48 PM


okay pantat.
i've been tagged.-by ayu.

Rules:
1.Do it without complaint.
2.Choose 5 person to do dis after you completed yours.
3.Leave a tag on the person's tagboard to say he/she have been tagged.
4.Start your post with "i've benn tagged!" then do dis.

- 10 favourtites.
color : red.black.white&brown.
food : mummy's cookin'&cheese fries.
song : for now,deja vu by beyonce.
movie : scary movies 1-4,you got served & many2 more okay.
sport : jiwe netball
season : aku tk cerewet.tgk mood.hahs.
day of the week : friday,sat&sun.
ice cream flavour : chocolate,cookies&cream,strawberry.

- 9 Current.
mood : normal.a lil bored.
taste : dunno.
clothes : pasir ris sec's p.e. =) red color and red boxer.hahs.
desktop : aku tak tau ape bende abg aku ltk kt desktop.
toenail color : color of inai.
time : 12.30 pm.
surroundings : oky - oky la.
annonyance(s) : no one really.
thought : coming anniversary.

- 8 first.
best friend : i dun think i have any up till now.oh wait.i think its ayu.
performance : spice girl in k2.
movie : err..cant remember bodo.
piercing : tt was nong-nong ago.
lie : dunnoe.
music : cant remember.
car : i dun think i had any.

- 7 Last.
drink : cold water from the fridge.
car ride : none-
embarassing moments : ydae i think.
movie seen : click.
phone call : dearest.
cd played : chirstina's album.[forgot the title]

- 6 have you ever.
dated one of ur best friend : no okay!
broken the law : littered and err. much more.
been arrested : no
skinny dipped : okay.no.
been on tv : yes. singapore idol.i was never seen. whoo hoo.
kissed sumone you didnt know : aku tk giler mcm kau bodo.

- 5 things u're wearing.

1. hair band.
2. red clip
3. my tee.
4. my boxer
5. my underwear

- 4 things u've done today.

1. woke up
2. mandi
3. breakfast
4. online-ed

- 3 things u can hear now.

1. the mouse & key board.
2. music.
3. the tv.

- 2 things you cant live without.

1. water
2. oxygen

- 1 thing you do when u're bored.

1. sleeep.

and for the five people.

1. kak suzy.
2. nisa
3. natasya.
4. sara.
5. kak elya.

okay.finishing this feels like forever.especially wen that person who tagged you's blog,

cant highlight to make things easier for you.

by copy&paste.

waliuuuu..

California's Lemon Law: Protection for New and Used Car Buyers
The Lemon Law and Your Problem Car
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If you purchase or lease a car in California and then discover that it has defects that substantially affect its safety, use or value, state law may help you gain satisfaction from the vehicle's manufacturer. While the law cannot help everyone with a "lemon" (a problem car), and some people may have to hire an attorney to get their cases resolved, the law does create important rights for car buyers. This brochure provides basic information about how the law helps people get their cars repaired or replaced under warranty. (A warranty is a written guarantee that the vehicle is of good, sound quality.)

Even if the Lemon Law does not apply in your case, many other state and federal laws may protect you. These include laws that require truth-in-lending, prohibit deceptive practices and mandate that vehicles meet minimum safety standards. Most consumer laws provide for you to receive at least a refund and your attorney's fees.

The Song-Beverly Consumer Warranty Act image of car being towed
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The Song-Beverly Consumer Warranty Act (in the California Civil Code, beginning at section 1790) requires that, if a manufacturer or its representative is unable to repair a purchased or leased motor vehicle to conform to its written (express) warranty after a reasonable number of attempts, the manufacturer must promptly replace or repurchase it. (The manufacturer is allowed to deduct money only for miles you drove the vehicle before you took it to a repair shop because of the defect.)

To qualify for this protection, the vehicle must have been purchased or leased in California for personal, family or business use.

The Warranty Act protects you during the entire warranty period. If you buy a car with a five-year manufacturer's warranty, then you are protected for at least five years. This protection period can even be extended, because the time limit in which to bring a legal action for breach of warranty is four years from when the defect is first discovered. For example, if you discovered that your vehicle is defective four years into a five-year warranty, you have an additional four years (or eight years from the date of purchase) to take legal action.

If your vehicle is determined to be a lemon, you have the right to choose a refund instead of a replacement vehicle. You cannot be required by the manufacturer to accept a replacement vehicle instead of a refund. In addition, you may be able to get a refund for repair, towing and use of a rental vehicle.

Used Cars and the Law
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The Warranty Act also applies to used vehicles that are still under a manufacturer's new car warranty. When a used car covered by a new car warranty is sold, any remaining time left in the warranty protects the car's new owner. The law covers "certified" used cars (autos with quality guarantees sold by dealers or through manufacturers' programs), resold lemons (defective vehicles that are bought back by manufacturers or dealers and then resold) and autos covered by extended service contracts.

By California law, the first time a lemon buyback is resold at the retail level, it must have one-year factory warranty to cover defects and cannot legally be sold "as is." The law requires that the car's title state that it is a "lemon law buyback" and the car must have a "lemon" sticker on the door jamb. When lemon buybacks are illegally sold "as is," the buyer still has rights under the Lemon Law.
image of black car
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How to Pursue Your Lemon Law Rights
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To document your case, write a letter to the manufacturer outlining the problems you've had with the vehicle. Ask the manufacturer to "buy back" your car because it is a lemon. Send the letter by certified mail, return receipt requested, to the manufacturer's address published in your vehicle's owner's manual. (Since January 2001, manufacturers are required to provide the address clearly and conspicuously in all new owner's manuals.) Even if the manufacturer has a customer service number, don't waste time by calling, because a letter is required to document your case.
*

The manufacturer may decide to voluntarily buy your lemon back without any further action on your part. If the manufacturer gives you a hard time about buying back the lemon vehicle, you can hire an attorney or use the manufacturer's arbitration program, if it has one. (Arbitration is an informal alternative to a court trial that is widely used to settle disputes.)
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Check if the manufacturer has an arbitration program by looking in your owner's manual or calling the state Consumer Affairs hotline at (800) 952-5210. If you want to use arbitration, call to ask for an application form and a copy of the arbitration program's rules, so you will understand the process that will be used in deciding your case.
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Gather all documents that can help prove your case—your warranty, repair orders, reports of inspections and technical service bulletins. Make copies and submit them to the arbitration panel.

The arbitration program must give you a hearing date withing 40 days. It is a good idea to go to the hearing to present your side. You may accept or reject the program's decision. If you accept, the manufacturer is bound by the decision and has 30 days to comply. There is no appeal process for the manufacturer. Don't be discouraged if you lose in arbitration—you can go to court to sue for a replacement or refund and most Lemon Law cases are settled in the consumer's favor.
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If the manufacturer does not have a certified arbitration program, or you prefer to pursue your Lemon Law rights in court, you can file a lawsuit. In this case, you will need to hire an attorney. If you win, you are entitled to be reimbursed for your attorney's fees, however many attorneys work on a "contingency" basis, which means you don't have to pay your legal fees up front. It is best to hire an attorney who is familiar with Lemon Law disputes or consumer warranty law, as well as one who represents only consumer—not auto company—interests.


The Lemon Law Presumption
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Any defect or condition that substantially impairs the use, value or safety of your vehicle under warranty, and that you have tried to have repaired by an authorized dealer, entitles you to seek a refund or replacement under the Lemon Law, even if the manufacturer continues to say it cannot find a problem. The law recognizes that if you purchased a new or quality guaranteed vehicle, you have the right to rely on its dependability and safety.

Manufacturers don't always want to fulfill their obligations under the Lemon Law, so California lawmakers added a special section to the Warranty Act—Civil Code section 1793.22 (b)—to give you guidelines in making a reasonable legal "presumption" that the manufacturer has had enough time or opportunity to repair your vehicle, but still did not fix it.

Just as an accused person is "presumed" innocent until proven guilty, you can presume that a new vehicle under warranty is a lemon if you can show that there have been numerous unsuccessful attempts to repair it, or that the problem cannot be repaired.

If you meet any or all of the following guidelines, you have reasonable grounds to expect a refund or replacement under the Lemon Law:

*

You have taken your vehicle to an authorized dealer four or more times about the same problem OR your vehicle has been out of service for 30 days or more because of any number of problems. (The 30 days do not have to be consecutive.) If the defect is likely to cause death or serious injury to you or your passengers if you drive the car, you can ask for a refund or replacement after only two unsuccessful repair attempts.
*

As of January 2000, the four repair attempts or 30 days out of service have occurred within the first 18 months that you own your car or the first 18,000 miles, whichever happens first.
*

The problems are covered by the warranty and substantially impair the use, value or safety of the vehicle.

You must directly notify the manufacturer about the problem in writing if you want to use the "four times" repair requirement and if the manufacturer requires such notification in the warranty materials or owner's manual.

The Seller Can Challenge your Presumption
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Legal presumptions, by their nature, can be challenged and perhaps proven not to be true. If the manufacturer can prove that it has not had a reasonable opportunity to repair your car, you may not be entitled to a refund or a replacement vehicle. For example, if the manufacturer can prove that you abused the car, damaged it in an accident or made an alteration to the vehicle that voided the warranty, the Lemon Law may not help you.

If you plan to use the Lemon Law "presumption" guidelines as proof in your case and the manufacturer offers a certified arbitration program, you must use the arbitration program before you can pursue your Lemon Law rights in the courts. You cannot lose your right to go to court if you were not given written notice of the availability of the arbitration program. You may not be charged a fee for arbitration.

If you don't plan to use the Lemon Law presumption or if the manufacturer does not offer a certified arbitration program, you can file a lawsuit. In California, most lemon lawsuits are settled promptly, with consumers receiving a refund and reimbursement for their attorney's fees.

Are you Unhappy with the Lemon Law?
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If you find that the lemon law is confusing, ineffectual or unhelpful in solving your complaint, consider letting your state Assemblyperson and Senator in Sacramento know about your feelings. These are the lawmakers responsible for the Lemon Law and they can change it to make it fairer and easier to use.

You can help improve the law by calling or writing your state representatives. Find their addresses and phone numbers in the State Government pages (under "Assembly" and "Senate") at the front of your white pages phone directory.

Please send a copy of your letter to Consumers for Auto Reliability and Safety (CARS), 926 J Street, Suite 523, Sacramento CA 95814. CARS, a consumer watchdog group, works to strengthen and preserve Lemon Laws.

For More Information
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CARS provides information about California's Lemon Law on its web site (www.carconsumers.com). For assistance and referrals, call (530) 759-9440.
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You may obtain attorney referrals from the Center for Auto Safety, 2001 S St., NW, Washington, DC 20009, (202) 328-7700.
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Consumer Action provides consumer advice and referrals. Call (415) 777-9635 or (213) 624-8327, TTY: (415) 777-9456.
Leave a message at any time and a counselor will call you back. Chinese, English, and Spanish are spoken.
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The National Association of Consumer Attorneys website (www.naca.net) lists its member attorneys across the country by area of expertise.

This fact sheet gives you general information, not legal advice. If you have a lemon vehicle, talk to an attorney about how the law applies to your problem.
image of family driving in nice car
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For information about how to order individual or bulk copies of Consumer Action publications, please see How to Order.

New York New Car
Lemon Law Statutes

General Business Law, section 198-a. Warranties



(a) As used in this section:

(1) "Consumer" means the purchaser, lessee or transferee, other than for purposes of resale, of a motor vehicle which is used primarily for personal, family or household purposes and any other person entitled by the terms of the manufacturer's warranty to enforce the obligations of such warranty;

* (2) "Motor vehicle" means a motor vehicle excluding motorcycles and off-road vehicles, which was subject to a manufacturer`s express warranty at the time of original delivery and either (i) was purchased, leased or transferred in this state within either the first eighteen thousand miles of operation or two years from the date of original delivery, whichever is earlier, or (ii) is registered in this state;
* NB Effective until September 1, 2004

* (2) "Motor vehicle" means a motor vehicle excluding off-road vehicles, which was subject to a manufacturer's express warranty at the time of original delivery and either (i) was purchased, leased or transferred in this state within either the first eighteen thousand miles of operation or two years from the date of original delivery, whichever is earlier, or (ii) is registered in this state;
* NB Effective September 1, 2004

(3) "Manufacturer's express warranty" or "warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(4) "Mileage deduction formula" means the mileage which is in excess of twelve thousand miles times the purchase price, or the lease price if applicable, of the vehicle divided by one hundred thousand miles.

(5) "Lessee" means any consumer who leases a motor vehicle pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle.

(6) "Lease price" means the aggregate of:

(i) the lessor's actual purchase cost;

(ii) the freight cost, if applicable;

(iii) the cost for accessories, if applicable;

(iv) any fee paid to another to obtain the lease; and

(v) an amount equal to five percent of the lessor's actual purchase cost as prescribed in subparagraph (i) of this paragraph.

(7) "Service fees" -- means the portion of a lease payment attributable to:

(i) an amount for earned interest calculated on the rental payments previously paid to the lessor for the leased vehicle at an annual rate equal to two points above the prime rate in effect on the date of the execution of the lease; and

(ii) any insurance or other costs expended by the lessor for the benefit of the lessee.

(8) "Capitalized cost" means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle less service fees.

(b)
(1) If a new motor vehicle which is sold and registered in this state does not conform to all express warranties during the first eighteen thousand miles of operation or during the period of two years following the date of original delivery of the motor vehicle to such consumer, whichever is the earlier date, the consumer shall during such period report the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer. If the notification is received by the manufacturer's agent or authorized dealer, the agent or dealer shall within seven days forward written notice thereof to the manufacturer by certified mail, return receipt requested, and shall include in such notice a statement indicating whether or not such repairs have been undertaken. The manufacturer, its agent or its authorized dealer shall correct said nonconformity, defect or condition at no charge to the consumer, notwithstanding the fact that such repairs are made after the expiration of such period of operation or such two year period.

(2) If a manufacturer's agent or authorized dealer refuses to undertake repairs within seven days of receipt of the notice by a consumer of a nonconformity, defect or condition pursuant to paragraph one of this subdivision, the consumer may immediately forward written notice of such refusal to the manufacturer by certified mail, return receipt requested. The manufacturer or its agent shall have twenty days from receipt of such notice of refusal to commence such repairs. If within such twenty day period, the manufacturer or its authorized agent fails to commence such repairs, the manufacturer at the option of the consumer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the vehicle from the consumer and refund to the consumer the full purchase price or, if applicable, the lease price and any trade-in allowance plus fees and charges. Such fees and charges shall include but not be limited to all license fees, registration fees and any similar governmental charges, less an allowance for the consumer's use of the vehicle in excess of the first twelve thousand miles of operation pursuant to the mileage deduction formula defined in paragraph four of subdivision (a) of this section, and a reasonable allowance for any damage not attributable to normal wear or improvements.

(c)
(1) If, within the period specified in subdivision (b) of this section, the manufacturer or its agents or authorized dealers are unable to repair or correct any defect or condition which substantially impairs the value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer, at the option of the consumer, shall replace the motor vehicle with a comparable motor vehicle, or accept return of the vehicle from the consumer and refund to the consumer the full purchase price or, if applicable, the lease price and any trade-in allowance plus fees and charges. Any return of a motor vehicle may, at the option of the consumer, be made to the dealer or other authorized agent of the manufacturer who sold such vehicle to the consumer or to the dealer or other authorized agent who attempted to repair or correct the defect or condition which necessitated the return and shall not be subject to any further shipping charges. Such fees and charges shall include but not be limited to all license fees, registration fees and any similar governmental charges, less an allowance for the consumer's use of the vehicle in excess of the first twelve thousand miles of operation pursuant to the mileage deduction formula defined in paragraph four of subdivision (a) of this section, and a reasonable allowance for any damage not attributable to normal wear or improvements.

(2) A manufacturer which accepts return of the motor vehicle because the motor vehicle does not conform to its warranty shall notify the commissioner of the department of motor vehicles that the motor vehicle was returned to the manufacturer for nonconformity to its warranty and shall disclose, in accordance with the provisions of section four hundred seventeen-a of the vehicle and traffic law prior to resale either at wholesale or retail, that it was previously returned to the manufacturer for nonconformity to its warranty. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear on the records of ownership kept by the department of motor vehicles. Refunds shall be accompanied by the proper application for credit or refund of state and local sales taxes as published by the department of taxation and finance and by a notice that the sales tax paid on the purchase price, lease price or portion thereof being refunded is refundable by the commissioner of taxation and finance in accordance with the provisions of subdivision (f) of section eleven hundred thirty-nine of the tax law. If applicable, refunds shall be made to the lessor and lessee as their interests may appear on the records of ownership kept by the department of motor vehicles, as follows: the lessee shall receive the capitalized cost and the lessor shall receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle. The terms of the lease shall be deemed terminated contemporaneously with the date of the arbitrator's decision and award and no penalty for early termination shall be assessed as a result thereof. Refunds shall be accompanied by the proper application form for credit or refund of state and local sales tax as published by the department of taxation and finance and a notice that the sales tax paid on the lease price or portion thereof being refunded is refundable by the Commissioner of Taxation and Finance in accordance with the provisions of subdivision (f) of section eleven hundred thirty-nine of the tax law.

(3) It shall be an affirmative defense to any claim under this section that:

(i) the nonconformity, defect or condition does not substantially impair such value; or

(ii) the nonconformity, defect or condition is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.

(d) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:

(1) the same nonconformity, defect or condition has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the first eighteen thousand miles of operation or during the period of two years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but such nonconformity, defect or condition continues to exist: or

(2) the vehicle is out of service by reason of repair of one or more nonconformities, defects or conditions for a cumulative total of thirty or more calendar days during either period, whichever is the earlier date.

(e) The term of an express warranty, the two year warranty period and the thirty day out of service period shall be extended by any time during which repair services are not available to the consumer because of a war, invasion or strike, fire, flood or other natural disaster.

(f) Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

(g) If a manufacturer has established an informal dispute settlement mechanism, such mechanism shall comply in all respects with the provisions of this section and the provisions of subdivision (c) of this section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such mechanism. In the event that an arbitrator in such an informal dispute mechanism awards a refund or replacement vehicle, he or she shall not reduce the award to an amount less than the full purchase price or the lease price, if applicable, or a vehicle of equal value, plus all fees and charges except to the extent such reductions are specifically permitted under subdivision (c) of this section.

(h) A manufacturer shall have up to thirty days from the date the consumer notifies the manufacturer of his or her acceptance of the arbitrator's decision to comply with the terms of that decision. Failure to comply with the thirty day limitation shall also entitle the consumer to recover a fee of twenty-five dollars for each business day of noncompliance up to five hundred dollars. Provided, however, that nothing contained in this subdivision shall impose any liability on a manufacturer where a delay beyond the thirty day period is attributable to a consumer who has requested a replacement vehicle built to order or with options that are not comparable to the vehicle being replaced or otherwise made compliance impossible within said period. In no event shall a consumer who has resorted to an informal dispute settlement mechanism be precluded from seeking the rights or remedies available by law.

(i) Any agreement entered into by a consumer for the purchase of a new motor vehicle which waives, limits or disclaims the rights set forth in this section shall be void as contrary to public policy. Said rights shall inure to a subsequent transferee of such motor vehicle.

(j) Any action brought pursuant to this section shall be commenced within four years of the date of original delivery of the motor vehicle to the consumer.

(k) Each consumer shall have the option of submitting any dispute arising under this section upon the payment of a prescribed filing fee to an alternate arbitration mechanism established pursuant to regulations promulgated hereunder by the New York state attorney general. Upon application of the consumer and payment of the filing fee, all manufacturers shall submit to such alternate arbitration.

Such alternate arbitration shall be conducted by a professional arbitrator or arbitration firm appointed by and under regulations established by the New York state attorney general. Such mechanism shall insure the personal objectivity of its arbitrators and the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation. In all other respects, such alternate arbitration mechanism shall be governed by article seventy-five of the civil practice law and rules.

(l) A court may award reasonable attorney's fees to a prevailing plaintiff or to a consumer who prevails in any judicial action or proceeding arising out of an arbitration proceeding held pursuant to subdivision (k) of this section. In the event a prevailing plaintiff is required to retain the services of an attorney to enforce the collection of an award granted pursuant to this section, the court may assess against the manufacturer reasonable attorney's fees for services rendered to enforce collection of said award.

(m)
(1) Each manufacturer shall require that each informal dispute settlement mechanism used by it provide, at a minimum, the following:

(i) that the arbitrators participating in such mechanism are trained in arbitration and familiar with the provisions of this section, that the arbitrators and consumers who request arbitration are provided with a written copy of the provisions of this section, together with the notice set forth below entitled "NEW CAR LEMON LAW BILL OF RIGHTS", and that consumers, upon request, are given an opportunity to make an oral presentation to the arbitrator;

(ii) that the rights and procedures used in the mechanism comply with federal regulations promulgated by the federal trade commission relating to informal dispute settlement mechanisms; and

(iii) that the remedies set forth under subdivision (c) of this section are awarded if, after a reasonable number of attempts have been undertaken under subdivision (d) of this section to conform the vehicle to the express warranties, the defect or nonconformity still exists.

(2) The following notice shall be provided to consumers and arbitrators and shall be printed in conspicuous ten point bold face type:

NEW CAR LEMON LAW BILL OF RIGHTS

(1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR NEW CAR, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED AGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS, WHICHEVER COMES FIRST.

(2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR AUTHORIZED DEALER.

(3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.

(4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE ATTEMPTS; OR IF YOUR CAR IS OUT OF SERVICE TO REPAIR A PROBLEM FOR A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER OR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION WITHIN TWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU TO THE MANUFACTURER BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN YOU MAY BE ENTITLED TO EITHER A COMPARABLE CAR OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE AND REGISTRATION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS BEEN DRIVEN MORE THAN 12,000 MILES. SPECIAL NOTIFICATION REQUIREMENTS MAY APPLY TO MOTOR HOMES.

(5) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR.

(6) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR PURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR CAR.

(7) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.

(8) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEYS FEES IF YOU PREVAIL.

(9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.

(10) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY HAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR INDEPENDENT ARBITRATION.

(3) All informal dispute settlement mechanisms shall maintain the following records:



(i) the number of purchase price and lease price refunds and vehicle replacements requested, the number of each awarded in arbitration, the amount of each award and the number of awards that were complied with in a timely manner;

(ii) the number of awards where additional repairs or a warranty extension was the most prominent remedy, the amount or value of each award, and the number of such awards that were complied with in a timely manner;

(iii) the number and total dollar amount of awards where some form of reimbursement for expenses or compensation for losses was the most prominent remedy, the amount or value of each award and the number of such awards that were complied with in a timely manner; and

(iv) the average number of days from the date of a consumer's initial request to arbitrate until the date of the final arbitrator's decision and the average number of days from the date of the final arbitrator's decision to the date on which performance was satisfactorily carried out.

(n) Special provisions applicable to motor homes:

(1) To the extent that the provisions of this subdivision are inconsistent with the other provisions of this section, the provisions of this subdivision shall apply.

(2) For purposes of this section, the manufacturer of a motor home is any person, partnership, corporation, factory branch, or other entity engaged in the business of manufacturing or assembling new motor homes for sale in this state.

(3) This section does not apply to nonconformities, defects or conditions in motor home systems, fixtures, components, appliances, furnishings or accessories that are residential in character.

(4) If, within the period specified in subdivision (b) of this section, the manufacturer of a motor home or its agents or its authorized dealers or repair shops to which they refer a customer are unable to repair or correct any defect or condition which substantially impairs the value of the motor home to the consumer after a reasonable number of attempts, the motor home manufacturer, at the option of the consumer, shall replace the motor home with a comparable motor home, or accept return of the motor home from the consumer and refund to the consumer the full purchase price or, if applicable, the lease price and any trade-in allowance plus fees and charges as well as the other fees and charges set forth in paragraph one of subdivision (c) of this section.

(5) If an agent or authorized dealer of a motor home manufacturer or a repair shop to which they refer a consumer refuses to undertake repairs within seven days of receipt of notice by a consumer of a nonconformity, defect or condition pursuant to paragraph one of subdivision (b) of this section, the consumer may immediately forward written notice of such refusal to the motor home manufacturer by certified mail, return receipt requested. The motor home manufacturer or its authorized agent or a repair shop to which they refer a consumer shall have twenty days from receipt of such notice of refusal to commence such repairs. If within such twenty-day period, the motor home manufacturer or its authorized agent or repair shop to which they refer a consumer, fails to commence such repairs, the motor home manufacturer, at the option of the consumer, shall replace the motor home with a comparable motor home, or accept return of the motor home from the consumer and refund to the consumer the full purchase price or, if applicable, the lease price, and any trade-in allowance or other charges or allowances as set forth in paragraph two of subdivision (b) of this section.

(6) If within the period specified in subdivision (b) of this section, the same nonconformity, defect or condition in a motor home has been subject to repair three times or a motor home has been out of service by reason of repair for twenty-one days, whichever occurs first, the consumer must have reported this to the motor home manufacturer or its authorized dealer by certified mail, return receipt requested, prior to instituting any proceeding or other action pursuant to this section provided, however, that the special notification requirements of this paragraph shall only apply if the manufacturer or its authorized dealer provides a prior written copy of the requirements of this paragraph to the consumer and receipt of the notice is acknowledged by the consumer in writing. If the consumer who has received notice from the manufacturer fails to comply with the special notification requirements of this paragraph, additional repair attempts or days out of service by reason of repair shall not be taken into account in determining whether the consumer is entitled to a remedy provided in paragraph four of this subdivision. However, additional repair attempts or days out of service by reason of repair that occur after the consumer complies with such special notification requirements shall be taken into account in making that determination.

(7) Nothing in this section shall in any way limit any rights, remedies or causes of action that a consumer or motor home manufacturer may otherwise have against the manufacturer of the motor home's chassis, or its propulsion and other components.

(o) At the time of purchase or lease of a motor vehicle from an authorized dealer in this state, the manufacturer shall provide to the dealer or leaseholder, and the dealer or leaseholder shall provide to the consumer a notice, printed in not less than eight point bold face type, entitled "New Car Lemon Law Bill of Rights". The text of such notice shall be identical with the notice required by paragraph two of subdivision (m) of this section.

NY Used Car Lemon

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Updated 1-24-03

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Used Car Lemon Law

Additional free copies of "New York's Used Car Lemon Law: A Guide for Consumers" are available from the New York State Office of the Attorney General, 120 Broadway, New York, NY 10271, or from any regional office of Attorney General
General Information

* Printable version of Used Car Lemon Law Brochure
o Lemon Law for Used Cars Questions and Answers
o Using the New York State Arbitration Program
o The Used Car Lemon Law--General Business Law §198-b
o Arbitration Program Regulations
o Offices of the Attorney General

Arbitration Forms

* Used Car Lemon Law Request for Arbitration Form
* Lease -- Excess Wear & Damage Request for Arbitration Form
* Motorized Wheelchair Request for Arbitration Form