The Lemon Laws

Lemon cars, trucks, vans and SUV’s are everywhere. Various statistics that I have seen indicate that anywhere from 1 out of 100 to 1 out of 8 vehicles are lemons. Staggering statistics, to say the least. A Lemon, by definition, is a defective vehicle. All states have Lemon Laws that provide protection to you in the event that you have purchased a lemon. These law vary from state to state, but all have common themes.

The first common theme is the defective condition of the vehicle. In other words, something has to go wrong with your vehicle. The state Lemon Laws typically define what elements satisfy the defective condition requirement in order to be classified as a lemon. In Pennsylvania, for instance, the vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of the vehicle. In my experience, these types of defects usually consist of defective brakes, transmissions, engines, suspensions, steering and things of that nature. Claims for electrical failures, noise and leaks usually are sufficient as well.

The next common theme among the state Lemon Laws is the obligation to attempt repairs. Each state Lemon Law sets forth that the manufacturer must be given a reasonable number of attempts to repair the vehicle’s defective condition. In Pennsylvania, that number is three. Some other states have the repair requirements set at four or more. If the Manufacturer or its agent (the dealer) cannot repair the vehicle after a reasonable number of attempts, you have a lemon.

The third common theme among state Lemon Laws is the remedy that you are entitled to if you have a lemon. Most states provide that the consumer is entitled to a full refund of the purchase price OR a free replacement vehicle. Some states go even further. In Pennsylvania the remedy includes all collateral charges as well as the purchase price, including taxes, title charges, down payment, interest and more. If you choose the refund election you may end up getting every dollar back that you put into the vehicle. In addition, most states provide for the recovery of attorney fees and costs as well.

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The Benefits Of uPVC For Your Home Or Office

As far as building materials is concerned, you may have heard of uPVC. But what exactly is it? This article will give you the answer to this question in addition to shedding some light on the benefits of uPVC. After reading this article, you will come to know why local builders go for this material instead of other stuff out there. Read on to know more.

uPVC

Actually, uPVC is a short form of unplasticised polyvinyl chloride, which is commonly known as a high quality rigid PVC. Since it hard but won’t flex, it falls under the category of PVC. The beauty of the product is that it leaves out BPA or phthalates, so it is quite safe. Apart from this, it is safe and stable and can be used to manufacture mouth guards and dental retainers as well.

Now, let’s take a look at some of the benefits you can enjoy if you go for this material.

Low Maintenance

Windows and doors made from uPVC don’t need to be sealed or painted. As a result, the cost of maintenance is not that much with the passage of time. The reason is that these windows and doors are easy to clean with water and detergent.

Tough And Durable

Due to the durability of the material, it has been used for making sewer and water pipes for more than 100 years. You can get the idea from the fact that vinyl windows that were installed more than two decades back are still in use. Moreover, quality uPVC doors and windows go through different rests for ultraviolet resistance to make sure that they don’t fade in the sun.

Rot Resistant

Unlike other materials, uPVC is not prone to corrosion or rotting as time goes by. So, this is another great benefit of opting for this product instead of many others available in the market.

Thermal Comfort

You know metals are conductive. But uPVC doesn’t fall under this category. Therefore, windows and doors don’t transfer heat. As a result, you can enjoy consistent temperature in your rooms. As a matter of fact, the windows of your rooms will be a lot more efficient provided they are made of this material.

Tilt And Turn

These windows can be opened in two directions in order to allow you benefit from the cross ventilation, which is another great benefit.

Acoustic Insulation

With double glazed doors and windows, you can reduce the noise by up to 70%. So, you can have peace of mind especially if there is a lot of noise outside your house all the time.

Salt Erosion

You won’t have corrosion problem caused by salt-filled air. So, they are an ideal choice as far as coastal properties is concerned.

High Security

As far safety and security is concerned, these windows feature multi-locking systems that provides higher security for your house or office.

Long story short, if you are looking for the best doors and windows for your office or home, we suggest that you give a go to uPVC doors and windows due to the many benefits they offer.

Admiralty Law Attorneys & Maritime Lawyers – Offshore Accident Lawyers

Many wonder what admiralty and maritime laws deal with. The fact is, these laws were designed to deal with the way in which waterborne crafts interact with each other. Maritime laws are designed to settle disputes, encourage commerce and help injured seamen and sailors.

Maritime law in the United States is compiled by a list of statutes which cover all waterborne activities taking place in United States waters. In the past, maritime laws only covered specific incidents such as victims of maritime air disasters and specific areas such as inland water workers. Modern day maritime law now encompasses a much larger field of occupations, accidents and conditions.

There are currently many law firms that represent the sailors, longshoremen and seamen who have been injured while working offshore. The maritime and admiralty laws were designed by the United States government and have dozens of levels of federal, state and local rules that apply to different situations. Because of this, maritime litigation is often very comprehensive.

Some of the types of maritime accidents that can occur include accidents on barges, ferries, casino ships, cruise ships, shipping vessels, tankers and tugboats. There are literally thousands of types of these boats, but those are the major ones. In addition, there are many types of workers who are covered by these maritime and admiralty laws. Some of the jobs include seamen, engine utility men, deck engineers, harbor pilots, longshoremen, dock workers, fishermen, ferry workers and barge hands.

If you are a sailor, seamen or any other type of offshore worker, and have been involved in a maritime accident, then you have the right to take legal action. Please visit our website for an updated list of dedicated and experienced maritime lawyers. They will help you with your maritime lawsuit and guide you towards receiving the legal compensation you are entitled to.

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Wholesaling Real Estate – Becoming A Real Estate Middleman

How would you like to become a real estate middleman. You know, the middleman who takes all the profit without having to take on any of the risk. Real estate wholesaling will allow you to become a real estate middleman.

So what is a real estate middleman? A real estate middleman is the person who buyers come to for great deals, and sellers come to for quick sales. As a real estate wholesaler that is essentially how you make your money. You get paid the difference between the price that buyers are willing to pay and that sellers are willing to sell for.

So what kind of money can you make as a real estate middleman? I have had clients of mine make upwards of $150,000 doing middleman deals. Typical real estate middlemen can expect profits of $7,000-$20,000 per deal. I have had several deals where I have made close to $30,000. The amazing thing is that with those deals I paid under $30,000 for the homes. Where else but in real estate investing can you expect returns of over 100% in under 60 days. Using real estate middleman techniques I have made $9,000 in under 3 days and 20 minutes worth of work. That is why I love being in the middleman business.

In our current slow housing market becoming a real estate middleman is the perfect answer. Real estate middlemen do not have to worry about slow sales, because they do not buy what they have not already sold. Being a real estate middleman lets you buy with no risk, no cash, and no credit.

Texas Real Estate

Texas is the second largest state in United States next to Alaska in terms of area and California in terms of population. Texas has several metropolises due to its oil industry that contribute to its growth. Several cities have a lot of historic importance and are known for its cultural heritage.

Real estate scenario in Texas has shown an upward trend in many cities. Influx of immigrants from nearby cities and states has increased demand for real estate. Most immigrants prefer to settle down and buy on their own home.

Most cities in Texas offer reasonably priced homes that are affordable to most consumers. Dallas is one of the biggest cities of Texas and has a definite oil influence, which has contributed to growth of real estate in this city. Yet, real estate prices are surprisingly cheap as compared to other big cities. Austin is another good city preferred by many home seekers as an ideal destination for standard living. Real estate prices in this city are increasing rapidly and customers are advised to make an early bid to avoid increase of prices. Houston is another major city in Texas that is growing at a steady rate. San Antonio is a small city, which has now started growing and developing as compared to other established cities.

On an average, a good family home in Dallas is priced at around $ 260000 while that in Austin is approximately $ 200000. A similar home in Houston would cost approximately $ 150000 on an average while that in San Antonio would cost

$ 220000. It is observed that on an average, appreciation of real estate prices is a little over five percent every year. Thus the future of Texas real estate seems to be bright. Prospective customers need to take advantage of such low prices at the earliest to avoid higher rates in future.

The real estate market comprises of various agents and agencies dealing in buying, selling and leasing of accommodation for residential and commercial purposes. It has many professionals such as estate agents, brokers and lawyers that provide their services to individuals that require a home in Texas.

What Might Be Involved in Hiring a Handyman

A well-skilled handyman is able to take on a wide-range of home improvement jobs within the home, which might be minor or extensive in nature. In general, a lot of us don’t have the skill, time or inclination to do the necessary home repair or maintenance work. Often we will look in the direction of the qualified trades person, which for general repairs around the home would mean the handyman who is the perfect for this type of work.

The handyman is essentially a person able to take on all-types of home repairs, maintenance issues, and needed improvements. As a jack-of-all-trades, the handyman is there to assist with those small to medium-sized projects in and around the home, which would otherwise be too small for a commercial builder or contractor to take on.

Deciding on the right handyman is always a vital decision. It often helps if you’re able to hire a worker who offers an all-round skill set, someone you can trust, and can work on their own to complete any project to a high standard.

Hiring a handyman can be done in several different ways, and doing your due diligence at the start means you are going to find to skilled professional who cares about the work they do. A great place to start in the search for a handyman is to get personal referrals, which might come for a friend, co-worker, or neighbor. Alternatively, you might want to search online for a local based trades person. Also, if looking online always look to find positive reviews next to a company’s name, which means other customers where happy with the service. Irrespective of the steps taken, you always want to check that the person being hired is qualified, licensed, and insured to carry out the intended work.

It is always a wise precaution to request identification from anyone that is about to enter and work on your home. Having a quote confirmed in writing is also suggested and this should highlight the work to be carried out, the cost of materials, and the clearing and disposing of waste material at the end of the job.

Also, avoid paying for a job 100% up front, especially if this is the first time that you have used a particular handyman. Often, you can pay 50% of the cost and the balance on the completion of a successful job. Although, you might have the pay the cost of materials from the get go. When paying a trades person in installments, get a receipt, as this proves your payment is made and also allows you to keep up-to-date records.

Real Estate Contracts Determine the Success Or Failure of Your Real Estate Business

Let me first state that I am not an attorney and nothing I write or say should be considered legal advice. Please contact an attorney before making any legal decisions.

When doing any type of real estate investment deal it is critical that you have quality real estate contracts. Whether you are investing in foreclosures, buying out of bankruptcy or any of the other dozens of real estate investment strategies, quality real estate contracts play an important role in your success.

Quality real estate contracts will help to ensure that you, the real estate investor, are fully protected within the confines of the law. You want real estate contracts that will protect yourself and your business to the highest degree whether you are the buyer or the seller.

If you are the buyer you want to use real estate contracts that will allow you to easily walk away from the deal if necessary while at the same time offer the stiffest penalties if your seller should decide to walk away. And the converse is true when you are the seller.

There are certain real estate contract clauses which will allow you to do this when used correctly. You can use inspection clauses, mortgage contingency clauses, appraisal clauses, default clauses…the list can go on and on. The important thing to remember when using these clauses is that you use them correctly.

You need to make sure that your “Defined Terms” are congruent throughout your real estate contracts.

You need to make sure that the contracts that you use do not conflict.

The real estate contracts that you use will directly effect the success or failure of your real estate business because they can either protect you from lawsuit or leave you open to folks who would rather sue you to get rich than work hard themselves…not to mention that your real estate contracts can determine the success or failure on a deal to deal basis.

I would recommend that you use contracts that come from one source because real estate contracts that come from one source can help to eliminate the problems above and much more.

What Does a Paralegal Do Day to Day?

Paralegals assist attorneys in the delivery of legal services. They work under the supervision of an attorney. One of a paralegal’s most important tasks is helping attorneys prepare for closings, hearings, trials, and corporate meetings. Paralegals serve as support staff for attorneys through the gathering and analyzing of information relevant to court cases. They perform any function delegated by an attorney, including but not limited to the following:

· Conduct client interviews and maintain general contact with the client
· Locate and interview witnesses.
· Conduct investigations and statistical and documentary research.
· Conduct legal research.
· Draft legal documents, correspondence and pleadings.
· Summarize depositions, interrogatories and testimony.
· Attend executions of wills, real estate closings, depositions, court or administrative hearings and trials with the attorney.

The only legal services that paralegals can’t perform are presenting cases in a court, giving legal advice, setting fees and accepting cases.

A paralegal can be a freelancer or employed by an attorney or law firm or employed by a paralegal firm providing paralegals to attorneys and law firms. A freelancer paralegal charges the attorney for the work he does. If the paralegal is employed with an attorney or a law firm, he is paid a salary by the attorney or law firm. A paralegal employed with a paralegal firm is paid a salary by the firm who then bill the attorney or law firm hiring the firm. Besides attorneys and law firms, government departments, insurance companies, real estate companies and corporate also require paralegal services. Within these organizations, paralegals are responsible for a variety of areas including bankruptcy, corporate, criminal, family and labor law, litigation, immigration, intellectual property, real estate and employee benefits to name a few.

Generally, there are no specific qualification requirements for becoming a paralegal. However all paralegals in California must complete 4 hours of mandatory continuing education in either general law or in a specialized area of law. Many universities offer paralegal training programs. Most paralegals have an associate degree in paralegal studies, or a bachelor’s degree coupled with a certificate in paralegal studies. There are professional bodies that provide voluntary certification for paralegals. Some employers train paralegals on the job, hiring college graduates with no legal experience.

A Paralegal must be able to document and present findings and opinions to the supervising attorney. Good research and investigative skills and understanding of legal terminology are essential for a paralegal.

Posted in Law

Knowing the Basics of Interventional Pain Management

Anyone, who is dealing with chronic and/or acute pain, knows the “pain” associated with the condition. In most cases, patients spend a considerable amount of time with primary care doctors, physical therapist, and specialists, hoping to find a more permanent solution. Interventional pain management is a practical alternative in such cases, where the concerned patient has tried all other treatment options.

Understanding interventional pain management

Interventional pain management is a specialized field in medicine that deals with the diagnosis and treatment of chronic and/or acute pain and other related disorders. This is more of a “multidisciplinary” approach, which is offered by a team of experienced doctors and healthcare professionals. With interventional pain management, doctors aim to reduce chronic and or acute pain, besides focusing on better living. The treatment is entirely different from other forms of pain management because there is no direct dependency on pain-relief medications. In most cases, a physician may refer the matter to a pain management doctor, who will decide on the line of treatment, depending on the facts of the case. In case of interventional pain management, pain management physician will work together with chiropractors, physical therapists, occupational therapists, psychologists, neurologist, and orthopaedic surgeon as needed to treat the condition by utilizing minimally invasive procedures such as epidural injections, facet blocks, trigger point injections, etc.

Things worth knowing

Interventional pain management is particularly beneficial for patients who are suffering from neck and back pain. Physicians may use more than one approach to the condition, depending on the diagnosis. The use of steroidal injections in the joints and epidural space is quite common, while injections are also used to treat a spinal nerve root, which is diagnosed as the source of pain. Branch blocks are also used for diagnostic purpose followed by radiofrequency ablation, while doctors may also use additional injections in the facet joints. Discography is also utilized to find the possible cause of pain, and in this procedure, a special dye is used in an injectable form into a disc to understand the pathology better.

In some cases, minimally-invasive procedures like “Radiofrequency Ablation” can be used for the medical branches, so as to restrict the movement of pain signals. Doctors may also suggest the use of heated electrodes for certain nerves that carry the pain signals, and this process is also known better as Rhizotomy. Not to forget, physical therapy and other forms of occupational therapies are also used for the treatment. Doctors also suggest lifestyle changes to patients, if they find any hope for better health.

The first appointment

You need to visit an Interventional Pain Management specialist, who will do a thorough exam to understand the possible concerns and issues related to the condition. Doctors may also suggest a few tests including x-rays and MRI for accurate diagnosis. You must also discuss the other kinds of treatments you have tried for your condition, and as required, doctors may suggest a line of therapy, after discussing the expectations, costs and other aspects.

Alimony, Support and Division of Assets Explained in Pennsylvania

Spousal Support

Spousal Support is available to a married spouse, when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.

Alimony Pendente Lite

Alimony Pendente Lite is a type of support that is limited in nature and paid to the lesser income earning spouse by the higher income earning spouse in accordance to a statutory formula until the divorce is finalized. This support was enacted to equalize the parties incomes during the divorce proceedings and allow each spouse to afford the divorce process and expenses.

Alimony

In Pennsylvania, there is not a set formula to determine post-divorce alimony. Whether or not to award post-divorce alimony payments lies within the exclusive discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.

The 17 Factors of Alimony

  • The relative earnings of both spouses.
  • The duration of the marriage.
  • The ages and physical, mental and emotional states of the two spouses.
  • The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
  • The expected future earnings and inheritances of the two spouses.
  • The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
  • The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
  • The standard of living of the spouses established during the marriage.
  • The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
  • The relative assets and liabilities of the two spouses.
  • The property each spouse brought to the marriage.
  • The degree a spouse contributed as a homemaker.
  • The relative needs of the two spouses.
  • The marital misconduct of either of the spouses during the marriage.
  • The federal, state and local tax consequences of the alimony.
  • Whether the spouse seeking alimony lacks sufficient property to provide for their reasonable needs.
  • Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

[1] Title 7, Pennsylvania Code, §6102.

Division of Assests

In Pennsylvania “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, marital property does not include:

Veterans’ benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans’ compensation.

Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

Pennsylvania states that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase.

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