What Should You Know About Lemon Laws?

What Should You Know About Lemon Laws?
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Lemon laws are designed to protect consumers from defective and damaged goods. This is essentially a specific form of fraud protection, but lemon laws vary from state to state – and aren’t always as straightforward as they seem.

What are the basic tenets of lemon laws, and what should you do if you feel your rights as a consumer have been violated?

The Basics of Lemon Laws

Lemon laws are specific consumer protection laws that are designed to provide a kind of safety net for consumers who purchase goods that turn out to be defective in some way. The most common and recognizable type of lemon law applies to vehicles, protecting consumers who buy or lease vehicles that reveal themselves to be defective.

Upon recognition of the defect, these laws require that manufacturers make reasonable efforts to repair the vehicle, usually within an allotted span of time. If these repairs are not possible, the manufacturer has an alternative option to refund the consumer’s money or replace the vehicle.

If you suspect that you’ve bought a vehicle or other product that is defective, the best course of action is to talk to a Los Angeles, California, lemon lawyer or a lawyer who specializes in consumer protection laws in your area. That’s because lemon laws vary from state to state and can become quite complicated. 

What qualifies as a lemon isn’t always obvious, and the process for issuing a demand to a manufacturer isn’t something a layperson can handle easily. A trained specialist in the legal arena can help you make sense of things and plan a strategy for taking action. 

Express and Implied Warranties

Laws are easier to understand when you recognize the roots and components of those laws. Let’s dig into the mechanics of general lemon laws so we can break them down and see how they work.

Lemon laws generally apply based on two types of warranties.

First, there’s an express warranty. Express warranties are explicitly stated guarantees of how a product is meant to work, along with repercussions and options for customers when those guarantees aren’t met. For example, an auto manufacturer might provide a 5-year warranty that offers free repairs on a wide range of different possible issues with the vehicle.

Second, there’s an implied warranty. Implied warranties aren’t explicitly stated, but they guarantee consumers that specific goods meet a “minimum standard of quality and suitability for their intended purpose.” For example, if you buy a new vehicle from a major manufacturer, consumers should reasonably expect that the vehicle won’t break down five minutes after driving it off the parking lot.

The Uniform Commercial Code (UCC) details several implied warranties covered by lemon laws and issues rules and restrictions for how express warranties can be written. This is the basis for lemon laws at the federal level, but each state has its own approach.

How State Lemon Laws Vary

State lemon laws vary in a number of regards:

  • Transaction types. First, you must consider the transaction type. Some states cover only new vehicle purchases, while others also cover used purchases and leased cars.
  • Types of goods. Second, state lemon laws vary based on the types of vehicles or products purchased. For example, some state lemon laws apply only to cars and trucks purchased for personal or household use. Other state lemon laws apply to motorcycles, boats, RVs, and ATVs as well.
  • Duration of protection. Third, state lemon laws only apply for a defined duration. This may be defined as time, in years or miles traveled. For example, you might be protected for one year or 12,000 miles traveled.
  • Obligation of repair. Finally, most states set a specific limit for the number of attempts a seller or manufacturer has to complete sufficient repairs on a defect. For example, they may only receive four attempts before an alternative solution must be offered.

The Lemon Law Process

The lemon law process typically goes like this:

  • Demands. First, you and your lawyer will make a demand. You might try to make the seller or manufacturer repair the defect, you might demand a replacement vehicle, or you might demand a refund.
  • Discovery. The discovery phase exists to allow both sides to fully discover and present evidence. During this phase, your lawyer and opposing counsel will exchange information in pursuit of a resolution.
  • Negotiation/settlement. Most cases settle out of court. Both parties will negotiate to try and find a mutually agreeable solution. This may take weeks or months, but it’s still faster than going to trial.
  • Trial. If these parties can’t come to a mutually acceptable agreement, the case will go to trial.

When to Talk to a Lawyer

When should you talk to a lawyer about lemon laws in your state? You should talk to a lawyer as soon as possible if you suspect that your vehicle or other qualifying consumer goods are defective, assuming the seller or manufacturer refuses to address the defect. Gather as much evidence as you can about the defect and your purchase of the vehicle initially, and come prepared to discuss possible strategies with your lawyer.

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