Affirmative Defenses Template For Declaratory Relief

State:
Multi-State
Control #:
US-00722
Format:
Word; 
Rich Text
Instant download

Description

This form is a Separate Answer and Affirmative Defense to a Cross-Claim. The form provides that the cross-claim fails to state a claim upon which relief can be granted. Therefore, it is requested that the cross-claim be dismissed with prejudice, with all costs assessed against the cross-plaintiff.
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How to fill out Separate Answer And Affirmative Defenses To Crossclaim?

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FAQ

The Lemon Law rights period is defined by the Lemon Law as the term of the manufacturer's written warranty, the period ending two years after the date of the original delivery of a motor vehicle to the consumer, or the first 24,000 miles of operation attributed to a consumer, whichever expires first.

Typically, state lemon laws only cover new cars, but Iowa's code doesn't state that it only applies to new cars, so arguably a used car with as low of miles as required by the lemon law could be covered by these laws. However, it doesn't apply to motorcycles, RVs, and mobile homes.

It's your money, you can spend it however you like. The Iowa lemon law states it does apply to used vehicles, but only if that vehicle is still under a manufacturer's written warranty, the problems occur within two years of the vehicle's delivery, or the vehicle hasn't driven more than 24,000 miles.

Yes, private party sales are covered under the federal Lemon Law as well as most states' lemon laws so long as the vehicle was sold with some type of warranty, which may simply be the duration of the original manufacturer's warranty.

The Iowa lemon law states it does apply to used vehicles, but only if that vehicle is still under a manufacturer's written warranty, the problems occur within two years of the vehicle's delivery, or the vehicle hasn't driven more than 24,000 miles.

Additionally, to qualify as a ?lemon? under the Lemon Law, your vehicle must have a problem or defect that renders the vehicle unfit, unreliable, or unsafe for ordinary use or significantly diminishes the value of the vehicle that occurred during the Lemon Law rights period.

CustomerThank you for choosing Just Answer! The 3 Day Right of Rescission is the rule you are referring to in Iowa. This rule, however, only applies to high pressure door-to-door sales contracts. A Used Car purchase in Iowa is binding and there is no statutory time frame during which it can be canceled.

Additionally, to qualify as a ?lemon? under the Lemon Law, your vehicle must have a problem or defect that renders the vehicle unfit, unreliable, or unsafe for ordinary use or significantly diminishes the value of the vehicle that occurred during the Lemon Law rights period.

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Affirmative Defenses Template For Declaratory Relief