You have a lemon when the product you purchased has one or more substantial defects and that reasonable number of attempts to diagnose or repair the problem(s) under the manufacturer's warranty have failed.
Most states have lemon laws for purchase of motor vehicles but there is a federal Lemon Law, the Magnuson Moss Warranty Act that covers almost all kinds of consumer products. Lemon Law compensation may take the form of a refund, replacement or cash compensation.
The Washington State Motor Vehicle "Lemon Law" is designed protect new vehicle owners who have substantial continuing problems with warranty repairs. Most classes of motor vehicles (automobiles, trucks, motorcycles, RV's, and boats) which have original retail purchase or lease in Washington and are originally registered in the state are covered under the law. The law does not cover: (1) motorcycles with engine displacements of less than 750 cubic centimeters; (2) trucks over 19,000 lbs. gross weight rating; (3) portions of a motor home used as dwelling, office, or commercial space; and (4) vehicles purchased or leased by a business as part of a fleet of 10 or more. Motor homes are subject to separate special law.
The owner of the vehicle covered under the State of Washington’s Lemon Law can request an arbitration any time within 30 months of the vehicle’s original retail delivery date. Later owners of a vehicle are likewise protected and may request for an arbitration if:
1. The vehicle was purchased within two years of delivery to the original retail consumer and within the first 24,000 miles of operation;
2. The vehicle meets the other eligibility requirements; and
3. The Request For Arbitration is made within 30 months of the original retail delivery date.
A vehicle owner can file one of four types of claim with an arbitrator: (1) unrepaired nonconformity, (2) unrepaired serious safety defect, (3) multiple serious safety defects and (3) days out of service. If the arbitration is successful the manufacturer will either repurchase or replace the vehicle. To qualify for arbitration due to an unrepaired serious safety defect, two or more attempts must have been made to repair the defect at least once during the manufacturer's warranty and the eligibility period. In addition, according to the attorney general's office, the serious safety defect must continue to exist.
What if the item purchased is not a vehicle? The federal Lemon Law (the Magnuson-Moss Warranty Act) protects consumers of computers and other consumer appliances and products.
The Magnuson Moss Warranty Act requires that (1) written warranties for consumer products costing over $10 must be designated as either full or limited, (2) the seller must provide warranty information in a single document that is easy to read and understand, and (3) warranties must be available at the product's point of sale which means the consumer should be given the opportunity to read the written warranties before purchasing the item. The Magnuson Moss Warranty Act does not cover verbal warranties, warranties on products for commercial use, warranties on products that you bought to resell and warranties on services.
The Magnuson Moss Warranty Act does not compel business owners to provide a written warranty on its products but merely establishes standards of conduct for those businesses that choose to offer written warranties. Warranties may be full or limited and the seller must specify the kind of warranty he offers. A full warranty covers anyone who owns the product, not necessarily the first purchaser, during the warranty period. For example, you gave an appliance as a wedding gift but the newlyweds received another one. Let’s say they sold the appliance you gave them, still in the package with warranties and all. The second purchaser becomes protected should the appliance malfunction in the future. Full warranties offer a replacement or a refund if a defective product cannot be repaired. On the other hand, a limited warranty is not free, does not meet the federal requirements mentioned in the preceding paragraph, and does not have the same benefits of a full warranty.
After reading the warranties and purchasing the item, do not throw away the written warranties with the package of the product. The item may be working now but it could malfunction anytime within the warranty period. It is always wise to protect yourself by keeping the written warranty even if the product works.
When informing the seller about a breach of warranty, make sure you have the written warranty with you, proof of purchase (your receipt) and evidence that the product isn’t working as guaranteed by the seller.
Legal remedies are available to consumers for breach of warranties, and this usually means being able to sue in court, recover attorney’s fees, and of course restitution of the money you paid for the item. But taking the seller to court might be too drastic of an action, the seller may be willing to negotiate or it could be an honest mistake. For this reason, it is prudent to settle the matter amicably first by calling the seller’s attention, usually in the form of a demand letter. If the remedy you seek in the demand letter is refused, then you can seek mediation through a third party like the Better Business Bureau.
In sum, in order for you to qualify under the Washington Lemon Law or the federal Lemon Law, there must be multiple repair attempts under the manufacturer's factory warranty. Don’t be stuck with a lemon; know your rights and be sure to assert it in a timely manner.
This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.
Comments