Product Lemon Laws
Lemon laws protect consumers of products that break down and can't be fixed. You may be surprised to find that these laws can cover a variety of products and not just automobiles.
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Purpose
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Both federal and state laws give consumers the right to have the product repaired or replaced if it breaks down soon after purchase. Many people associate lemon laws with new vehicles. However, federal law in the United States covers all products that cost more than $25, not just automobiles or motorcycles.
Limitations
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Both the Magnsum-Moss Warranty Act and the Uniform Commercial Code define a "lemon" in broad, general terms. These laws require manufacturers to provide consumers with a written warranty and to replace defective items if they cannot be repaired after four attempts within a reasonable amount of time. However, neither law defines specifically what constitutes a substantial problem or a reasonable amount of time, according to The Lemon Law. Thus, consumers often must take companies to court to recover the cost of the item or get it replaced.
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Federal versus State Laws
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Federal laws apply in all 50 states. These laws protect consumers who purchase defective products regardless of what state they were purchased in. State lemon laws, however, may differ slightly, depending upon what state the defective product is purchased in. Most state laws focus on vehicle sales and require the company selling the vehicle to replace it if it cannot be repaired after a certain number of attempts or if it is out of service for 30 days or more prior to reaching a certain number of miles.
Process
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Documentation is the most important step to protecting your rights if you purchase a lemon, according to Consumer Affairs' "Essential Steps if You Purchase a Lemon." Document every conversation you have with the seller regarding the product. Include the date and time, the person you spoke with and the major points of your conversation, and keep the information in a notebook. Never tape a conversation unless you have the dealer's permission. Save all paperwork from repair shops. You may need this documentation to prove in court that you attempted to have the product repaired.
Consumer Affairs also suggests that you try to work out problems with the dealer before contacting your attorney. However, do not allow the dealer to manipulate or intimidate you into continuing to hold onto the product. If the dealer suggests you did something to break the vehicle or encourages you to hold onto it a little longer so that he can try to fix it after numerous attempts at repair, consider hiring an attorney to resolve the issue in court.
Getting an Attorney
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According to the Lemon Law, you should hire an attorney if your lemon case involves a product costing $30,000 or more, such as a vehicle. If you choose to hire an attorney, choose someone who has experience with lemon laws and understands how the law works in the state you purchased the item from. Your attorney should take care of filing any paperwork related to a potential lawsuit, representing you in court and participating in any settlement negotiations outside of court.
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