What Is A Lemon Law?

by | Apr 3, 2015 | Law

A lemon law is a law that has been enacted to protect the rights of consumers who purchased a product, only to find out that it is plagued with defects that may prove harmful. If the article in question cannot be repaired to an “as-new” condition within a given number of attempts and within a specific time frame or the article is not available for use by the consumer for a certain number of days then it is considered to be a “lemon.” Those who have purchased such a product can find redress through their states lemon laws. Each state has a lemon law but the rules do vary and the actions taken by the purchaser of such a defective product who wishes to remedy the situation also vary.

There are different laws that have an effect on different products. The law of any given state is most often used in the event a newly purchased or leased vehicle develops a defect within the first year of being bought. Of course the defect must be significant, it must be one which impacts the safety, value or operation of the vehicle. If, for example the brakes should fail and the defect cannot be repaired after a number of attempts then it is covered by the lemon law of the state. If the defect does not have a detrimental impact on the safety, value or use of the vehicle; perhaps the paint job is not perfect, then the laws do not come into effect.

As lemon laws do vary from state to state it is important that the consumer familiarize him or herself with what they are in the event it becomes necessary to take action to protect the investment. If the issue is a vehicle there are somewhat standard rules in effect but they do vary. Generally speaking if the consumer cannot make use of the vehicle for 30 days or the vehicle has to be taken back to the dealer four times minimum for repair of the same problem and this all happens within one year from the date of purchase then the lemon law is applicable.

There is a tendency for a manufacturer to insert clauses in the purchase contract that are tantamount to you waiving your rights to redress. There is no validity to these clauses; the lemon law is applicable regardless of what the contract implies.

As you can see lemon laws can be very complicated and any consumer is wise to consult with a lawyer who knows the laws that apply in the jurisdiction.

To find more information go to yourlemonlawrights.com.

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