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Wednesday, February 01, 2012
Lemon Laws Explained In Very Basic Terms
You have just owned a car. Years of saving up for your favourite model has finally paid off. You take your new car for a spin. All of a sudden, the car went to an abrupt stop and it started to smoke. You were very dismayed by the incident. You went back to you car dealer and made a complaint. You rather stress out that it was new but how come! Perhaps you just had a “lemon” car. Lemon is an adjective that pertains to a new vehicle which had numerous defects and had repeatedly failed the standards.
Cars are one of the necessities in a modern and fast paced lifestyle today. Every career individual or a family dreams of purchasing one. Cars make travel easy and comfortable. However, one should be cautious in choosing a car and its manufacturer.
To protect car owners against manufacturer’s defects within its guaranteed warranty, Laws where passed on all American States as discussed here. There are three laws which can cover for lemon vehicles and they are as follows.
1. The Magnuson-Moss Warranty Act which is a federal law that protects buyers from merchandise costing more than $25 and with a written warranty.
2. The Uniform Commercial Code applies to all 50 states in America and provides the consumer the right to a refund or a replacement of any defective product. However, this code does not define what a Lemon is, so it is the court’s decision on whether a refund will be given or a replacement will be required.
3. State-Specific Lemon Laws which specify that manufacturer’s must replace or refund its client when the merchandise bought was with a substantial defect which after four attempts to repair was not addressed or had a safety defect which was not resolved with two attempts. Grounds for replacement or refund may also be on the service life of the vehicle.
Basically these laws focus on the manufacturer’s breach of contract of warranty. The warranty given by the manufacturer for his merchandise is his contract and obligation to his client that the goods are in good condition when purchased and will be once operational. A warranty can be expressed or implied.
Lemon Laws however may cover also even those not covered by warranties anymore when the seller has failed to disclose critical information to the buyer resulting to damage on the merchandise. Lemon Laws do not only apply to cars but to all mechanical, may it be a boat, motorcycle or a wheelchair.
If you want to won a car in the future, better be conspicuous about warranties for they might be grossly unfair. Meticulously check your choice to ensure that you will not end up with a lemon.
Cars are one of the necessities in a modern and fast paced lifestyle today. Every career individual or a family dreams of purchasing one. Cars make travel easy and comfortable. However, one should be cautious in choosing a car and its manufacturer.
To protect car owners against manufacturer’s defects within its guaranteed warranty, Laws where passed on all American States as discussed here. There are three laws which can cover for lemon vehicles and they are as follows.
1. The Magnuson-Moss Warranty Act which is a federal law that protects buyers from merchandise costing more than $25 and with a written warranty.
2. The Uniform Commercial Code applies to all 50 states in America and provides the consumer the right to a refund or a replacement of any defective product. However, this code does not define what a Lemon is, so it is the court’s decision on whether a refund will be given or a replacement will be required.
3. State-Specific Lemon Laws which specify that manufacturer’s must replace or refund its client when the merchandise bought was with a substantial defect which after four attempts to repair was not addressed or had a safety defect which was not resolved with two attempts. Grounds for replacement or refund may also be on the service life of the vehicle.
Basically these laws focus on the manufacturer’s breach of contract of warranty. The warranty given by the manufacturer for his merchandise is his contract and obligation to his client that the goods are in good condition when purchased and will be once operational. A warranty can be expressed or implied.
Lemon Laws however may cover also even those not covered by warranties anymore when the seller has failed to disclose critical information to the buyer resulting to damage on the merchandise. Lemon Laws do not only apply to cars but to all mechanical, may it be a boat, motorcycle or a wheelchair.
If you want to won a car in the future, better be conspicuous about warranties for they might be grossly unfair. Meticulously check your choice to ensure that you will not end up with a lemon.
