Get your Lemon Law Questions Answered by Consumer Law Attorneys
The term “lemon law” sounds a little unusual; why would the government feel the need to name a law after a fruit? However, the word “lemon,” in this instance, refers to a vehicle that is found to be defective after it has been purchased. There are many different problems that could cause a vehicle to be designated as a lemon. For example, a new car that is a lemon may contain a design flaw, and a used car that keeps breaking down after you’ve had it repaired several times in a row may qualify as a lemon.
In a perfect world, no one would willingly mislead or mistreat a buyer. However, it sometimes does happen, which is why the federal government enacted the Magnuson-Moss Warranty Act in 1975. This act made a lot of changes to consumer law in an attempt to protect consumers from unscrupulous sellers. The Magnuson-Moss Warranty Act is a federal law, which means that it protects consumers across the United States. Individual states have also enacted additional laws. These laws may differ depending on the state; for example, some states have lemon laws that cover used or leased cars while others do not. Consumer law can be complex, which is why you should have all your lemon law questions answered by consumer law attorneys. However, if you want to get a head start in your consumer law education, then keep reading.
The first thing that you need to know is the definition of a warranty. A warranty is a guarantee issued to a purchaser by the manufacturer. Generally, a consumer warranty is a promise to repair or replace a defective item within a certain time frame. An express warranty is written, and an implied warranty is not necessarily written down. If you have problems with a vehicle covered by an express warranty, then federal and state laws may cover your purchase; the majority of lawsuits against sellers of defective vehicles use “breach of warranty” as their legal action. Sometimes, state laws exceed the warranties expressed in purchase contracts, and in those situations, these sellers may be responsible for more than they’ve outlined in their warranties. However, if you purchased a vehicle described as “as is” or have an implied warranty, you may be out of luck when it comes to a lawsuit. Many people don’t realize that lemon laws cover more than just cars; if you bought a motor home, truck, motorcycle or ATV, then you may be covered as well.
Usually, you can’t just file a lawsuit the second a problem comes up; you have to give the manufacturer a chance to make good on their warranty. Only after the problem has not been resolved over a period of time and there have been multiple attempts to repair can you file a lawsuit. If your lawsuit is successful, in addition to having the manufacturer replace or buy back your vehicle, you may be eligible to have your attorney fees paid by the defendant. This is known as a fee shifting provision, and it was put in place in order to encourage manufacturers to produce high-quality vehicles.
If you have any questions about the lemon that you’ve purchased, ConsumerLawQA.com attorneys could provide the answers. The ConsumerLawQA.com website is staffed by a team of experienced attorneys who know the laws in multiple states. There is plenty of excellent information available on the website, and you can even ask the lawyers direct questions. Best of all, the information on the website and the consumer lawyer question and answer option are free. Other legal areas covered by ConsumerLawQA.com include debt help, credit reporting, financial consumer protection, consumer fraud and class action lawsuits, so if you happen to have any other legal questions, you’re in the right place.
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