California Lemon Law

By: Dr. D.S. Merchant


Lemon laws are made by United States state laws to help car consumers whose cars repeatedly fail to meet certain standards of quality and performance. The position of such cars is called lemons. The Magnuson-Moss Warranty Act or federal lemon law protects every one of all states and they vary by state. Lemon law may not cover used or leased cars. The Lemon law rights managed to consumers may go beyond the warranties expressed in purchase contracts. Lemon law is just a common nickname for these laws buy every state have their own different names for such laws and acts.

In California, anything mechanical is covered by lemon laws as well as the federal lemon laws. The federal lemon law provides that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.

Used car purchases:
If anyone purchased a used car then there are two situations where he is qualified for cash or other lemon law benefits:

Situation #1: One may be entitled to compensation for breach of warranty if he had one of the following Warranties:

a) Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
b) The vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
c) He purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).

Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer's Warranty Exists. If he does not have a manufacturer's warranty of any kind he may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:

Laundered Lemon;
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.

Since Lemon Laws vary from state to state so accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.

"As is" purchases:
If a person knowingly purchase a car in "as is" condition then he accepts the defects and void his rights under the lemon law.

Other lemon laws:
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.

If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).

Article Source: http://www.financemanual.com



Ibrahim Machiwala is a successful writer and publisher of Automobile Law and legal issues, for more informative articles on Lemon Law.

Law Of Attraction, Money And You - Part Ii

By: Steve Lobe..


In the first part of this article, I had talked about how energy blockages can be a big hindrance to our quest for more financial resources. It is useless trying to use the Law of Attraction to attract more money if we do not take the first step of clearing away the blockages that prevent from manifesting it in our lives. How do we know we are suffering from energy impedance? The blockage symptoms include being stuck and unable to move forward beyond a certain point, no matter how much we try. And also when we start to find that despite repeating prosperity affirmations and visualization exercises, we just get frustrated because it does not seem to work!

Now I am going to share with you how you can identify and destroy the blockages that exists within you. And to do that, you need to answer three questions. You do not need to share them with me or anyone but you must be honest to yourself and answer truthfully:

1) Are there any aspects of my financial situation that makes me feel uncomfortable?

There are possibly many reasons. Some face mounting debts that they do not know how to handle; others just do not earn enough, while some face difficulty managing their finances well. You know yourself and must ask what situations are those that you usually try to avoid or even think about - these are the areas most likely where blockages happen. Pay attention to these areas to destroy the blockages.

Once you are clear what aspects of your financial situation that makes you feel most uncomfortable, ask yourself:

2) What do these situations say about the rest of my life?

More often than not, money, or the lack of it is the case of problems in our life. But we must understand that money problems are NOT just about money! Money is like a mirror for our passions, love, purpose, joy or courage or any other qualities that you may desire but lack. Financial abundance or lack usually reveals identical abundance or lack in other areas of your life. Look at your job, your health, your relationships, your self-esteem (and anything else you can think of), and see if you have blockages there too. Take time to consider all these carefully and once you've discovered correlations between your financial abundance and the other areas of your life, ask yourself:

3) How can I increase the flow of energy to these areas?

This critical question deserves careful thought. Something is blocked because of neglect or stagnation which results in energy flow blockage. And this can be traced to an unresolved situation or development of bad habits that do not help. Like a clogged pipe where you get little or no water, so is it with energy!

In order to clear the clog, you need to turn your attention upon it and take action to remove it.

Let's look at a couple of examples:

Blockage 1: What made me most uncomfortable about my financial situation was that I did not earn enough money. Ok, it is not a bad paying job but when compared to my peers, I was definitely earning much less. I was happy with my job, except for the pay and have often thought about seeking a better paying job or starting my own business. But I kept holding back. Why? I found that my blockage was this inherent feeling that I did not feel that I deserve to earn more. I had that idea because I kept thinking that I am not as capable or talented as my peers. I discovered that poor self-worth was the blockage that was holding everything back!

Resolution 1: In order to clear the blockage, I worked on changing my belief that I did not deserve to earn more money. I worked at some intensive self-esteem exercises to learn how to value my contribuitions to the world. And through encouragement of my better half, I build up the courage to move towards something better.

Blockage 2: Now if you know me, you will know that I am one big messed up guy as far as financial records are concerned. My checkbook has never been balanced and I always am late paying my credit card bills and end up paying late fee fines (the banks love me) and all these created a major financial drain on my financial resources. I never seem to have enough but I knew that the situation would be better if I just could organize or manage it better!

Resolution 2: Perhaps you are like me, but not necessarily with your finances but in other areas like your time management. Or perhaps you can never seem to get your house in order - everything is so cluttered that you have difficulty locating what you need. I found that resolving disorganization is easy once you set your mind to devote a definite amount of time each day to the required tasks. Commit a time to balance that checkbook. Make a date with yourself to clean the wardrobe. All these takes time and effort but you will see results. And as you continue at purging away the blockages by getting better organized, you will notice clearly that there is a greater and easier flow of energy (and money) into and through your life.

Your situation might be completely different from mine, but you can follow the same steps to clear blockages in your life. To summarize, here are the 3 questions again:

1) Figure out what makes you most uncomfortable. 2) Identify correlations with the other areas of your life. 3) Take action to dissolve the blockages.

When you do this on a consistent basis, you will notice that energy (in the form of money, as well as other qualities) will flow through your life much more easily and you will now be able to use the Law of Attraction in a much more conscious way.

Article Source: http://www.financemanual.com


Steve Lobe offers a free report on turbocharging The Law of Attraction and shows in his blog www.AbundanceLaw.com how all can lead meaningful and abundant lives.
You can get a unique content version of this article.

Texas Lemon Law

By: Dr. D.S. Merchant


Lemon laws are made by United States state laws to help car consumers whose cars repeatedly fail to meet certain standards of quality and performance. The position of such cars is called lemons. The Magnuson-Moss Warranty Act or federal lemon law protects every one of all states and they vary by state. Lemon law may not cover used or leased cars. The Lemon law rights managed to consumers may go beyond the warranties expressed in purchase contracts. Lemon law is just a common nickname for these laws buy every state have their own different names for such laws and acts.

In Texas, anything mechanical is covered by lemon laws as well as the federal lemon laws. The federal lemon law provides that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.

Used car purchases:
If anyone purchased a used car then there are two situations where he is qualified for cash or other lemon law benefits:

Situation #1: One may be entitled to compensation for breach of warranty if he had one of the following Warranties:

a) Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this. But if the warranty is longer, you may have even more time).
b) The vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).
c) He purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).

Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer's Warranty Exists. If he does not have a manufacturer's warranty of any kind he may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:

Laundered Lemon;
Previously salvaged or wrecked;
Fraudulently rolled back odometer;
Rental car, police car, taxi, etc.;
Stolen, stripped and rebuilt; and/or
Involved in a flood.

Since Lemon Laws vary from state to state so accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.

"As is" purchases:
If a person knowingly purchase a car in "as is" condition then he accepts the defects and void his rights under the lemon law.

Other lemon laws:
Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.

If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty).

Article Source: http://www.financemanual.com



Ibrahim Machiwala is a successful writer and publisher of Automobile Law and legal issues, for more informative articles on Lemon Law.

Business Rehabilitation and Bankruptcy Law in Thailand

By : Wolfgang Jaegel
In Thailand, Bankruptcy Laws form part of the Commercial Law. Thai bankruptcy law is devised in such a way not only to help debtors to distribute their property but also to help them in rehabilitating via several reorganization provisions.

In other words, the Bankruptcy Law includes the Bankruptcy Act for Business Rehabilitation. The Business Rehabilitation Law was introduced in 1999 as Chapter 90 of the Thai Bankruptcy Law BE 2483. The main purpose of the Business Rehabilitation law is to assist a debtor facing liquidity problem by giving him an opportunity for rehabilitation before being insolvent.

The procedures in connection with rehabilitation are usually commenced by an eligible petitioner by filing a petition with a provincial or a civil court as per the domicile of the debtor. However, petition for business rehabilitation could be filed only if the debtor's overall debt comes to an amount that exceed Baht ten million. Likewise, In order to file a petition for business rehabilitation, certain legal and perquisites must be complied with such as:

- The names and addresses of creditors must be specified to whom the debtor owes in total at least an amount of Baht ten million
- Specify reasonable methods in order to rehabilitate business functions
- Proposed planner's name as well as qualification
- Planner's consent
- In case the petitioner is debtor, then details regarding assets and liabilities must be given
- Consent of authorities which is applicable as mentioned below :
1.In case the debtor is commercial bank or finance company, then the consent of the Bank of Thailand
2.In case the debtor is a securities company, then the consent of the Office of the Securities and Exchange Commission
3.In case the debtor is a file insurance company or a casualty insurance company, then the consent must be of the Insurance Department

On filing the petition as per the above grounds, the liquidator will start the case once when he confirms and proves that the debtor's assets could not pay off liabilities. The court's concern with regard to the business rehabilitation is mostly on the basis of debtor's balance sheet as well as accounting documents and liquidator's power of arguments. Discussed further in detail in this article are procedures with regard to business rehabilitation.

According to the Article 90 of the Bankruptcy Act, once the petition for business rehabilitation is accepted, a planner is appointed, who in turn possesses duties and powers to manage the debtor's business as well as assets. In case, a planner is appointed, then the debtor executive's power in administering the business and assets would cease. In such a situation, until the appointment of a planner, the court will employ one or more persons or sometimes the debtor's executive for a temporary period to deal with the debtor's business and assets under the administration of the receiver.

During this interim period, the receiver has complete right to administer interim executives and to order them to prepare explanation regarding the account details as well as anything pertaining to the management of business and assets. The interim executives would be relieved from the powers of receiver by the court when the receiver makes a motion.

In such situations, the court would employ new provisional executive to presume the office. In case the court does not appoint interim executive, then according to the Section 90/20 of the Bankruptcy Act, the receiver would be given power for a temporary period to manage debtor's business and assets. Likewise, according to the Section 90/21 of the Bankruptcy Act, until a planner is appointed, all of the rights of the debtor's shareholders would be suspended except for in the case of right to obtain dividends.

Once the acknowledgement order for business rehabilitation has been received, the debtor's executive should handover everything from assets and seals to book keeping ledgers and documents pertaining to business, assets, and liabilities of the debtor to the provisional executive or the receiver.

Nowadays, a number of leading law firms is in the scenario to provide excellent services in connection with business rehabilitation and bankruptcy. Many of them undertake a plethora of such services in connection with business reorganization as analysis as well as consultation with creditor or debtor, filing petition for business rehabilitation, plan administration, and planner representation.

Article Source: http://www.articlemanual.com


For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

Labor Law In Thailand

By: Wolfgang Jaegel


In Thailand, all of the rights and duties pertaining to employers and employees are usually governed by a series of laws and regulations. Among the different acts that govern labor issues in Thailand are Labor Protection Act BE 2541, the Labor Court and Labor Court Procedure BE 2522, Labor Relations Act BE 2518, Social Security Act BE 2533, Thai Civil and Commercial Code, Provident Fund Act BE 2530, and Workmen's Compensation Act BE 2537.

Usually, according to the employment law in Thailand, an agreement that has been established between the employer and employee should not be less than the minimum requirements or standards devised by the law.

The Labor Protection Act and other relevant acts dealing with the labor issues have set some specific rules and regulations for each and every aspect with regard to an employment such as working hour, remuneration, child labor, female labor, sick and maternity leave, dismissal as well as termination of employees, welfare and social security of employees, and hiring of employees services.

Working hours in an organization is usually on the basis of nature and type of work. In most cases, working hours should not go above eight hours per day or 48 hours each week. In case of such works that are harmful for the health of an employee, then working hours should not exceed seven hours a day or 42 days a week.

Under the Thai employment law, an employee's maximum probationary period is 120 days. Further, the Labor Law entails every employer in Thailand to provide its employees at least 13 public days each year and at least six vacation leaves on completion of a year's services.

Likewise, employees are eligible for annual sick leave of 30 working days each year. Apart from sick leave, pregnant employees are eligible for maternity leave of 90 days with 45 days' full wages. When comes to remuneration, an employer is required to pay all benefits, apart from normal salary, that form part of the employment. In addition, the basic remuneration paid by an employer must be in accordance with the minimum wage as prescribed by the Ministry of Labour and Social Welfare.

Al though, male and female employees are treated alike in a employment, a female employee is prohibited from working in certain organizations or work environments such as construction as well as mining work which are performed underwater, tunnel, or underground, and transportation and production working conditions in which it is necessary to deal with inflammable or explosive items.

Likewise, there are also certain exceptions for pregnant female employees. In other words, an employer should not ask a pregnant employee to work overtime as well as work on public holidays. Further, they are also not allowed to work in certain environments such as on plants, construction firms where it is necessary to carry loads on heads or shoulders, and ships and other water going vessels.

In the case of child labor, the minimum age in order to employ a child labor is 15 years of age. But, to employ a child below the age of 18 years, it is necessary for an employer to notify it to the labor inspector within 15 days as of the date that the child starts his work. An employer is required to give a child labor a rest period of one hour for every four hours he has worked.

Similarly, an employer should not ask a child employee below 18 years to work overtime or on holidays. Additionally, child labors below 18 years are not allowed to perform dangerous works such as rolling as well as stamping metal and works dealing with unsafe chemicals and poisonous microorganisms.

A child below the age of 18 years is also strictly prohibited from certain establishments such as gambling centers, slaughterhouses, dance clubs, and center where liquors and other related beverages are served. Above all, an employer is required to pay the remuneration or benefits of child employees only to child employees and not to any other persons other than the employees.

Now we will discuss laws and regulations pertaining to termination and dismissal. A notice in writing must be provided to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as

- Performing his or her duties and responsibilities dishonestly
- Committing any kind of criminal offense
- Negligence from the part of employee that leading to serious damage or loss to the employer
- Disobeying working rules and regulations devised by the employer
- On imprisonment as per the final judgment of imprisonment

Nowadays, a lot number of law firms are in Thailand to help you dealing with the Thai labor law. Usually, these law firms provide a continuum of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, labor law compliance issues, and more.

Article Source: http://www.articlemanual.com


For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.