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Tip of the Week

Tip of the Week: May 16th, 2010
07/27/2010
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The Lemon Law is NotJust for Cars
By Norman Taylor
www.NormanTaylor.com


Although the Lemons Law is mostoften associated with defective vehicles, it applies to all consumerproducts purchased for personal use. What exactly is a "consumerproduct for personal use"? That would be virtually anything anindividual buys for their own or household use, except clothingand consumables. It could be an electric toothbrush or a kitchenappliance. There have been several calls for creating a computer lemonlaw, but the law already covers computers bought for personaluse. It also covers musical instruments and even medical devicessuch as wheel chairs and hearing aids. The only requirement is that theproduct is bought primarily for personal or family use.

Consumers don't expect manufacturers to produce defective products, butthis consumer protection law takes the opposite view-the more expensiveand complicated a product is, the more possibility there is thatsomething can go wrong. Both consumer and manufacturer have rights andduties under this law: the consumer has the duty to present the productto the manufacturer or its representative dealer so that they candiagnose the defect and repair it. Along with the duty, the consumerhas a right to expect that the product will be repaired honestly andexpeditiously.

Manufacturers have the right to expect that the consumer will presenttheir defective vehicle at an authorized dealer for repair in a timelymanner, nothing more. They cannot expect that the consumer perfectlydescribe the defect or any other limiting requirement. The Lemon Lawmakes allowances for the manufacturer to repair the product, or if thatfails, to refund the money or give the purchaser a replacement.

Lemon Law Tips

  • Your best defense against anuncooperative manufacturer is a thorough, specific and accurateservice-record paper trail. Document everything. Obtain copies of allwarranty repair orders from the dealer and keep notes of your reportedproblems and all conversations you have with service people, includingthe date, time and participants in these conversations.

  • Determine whether yourprevious efforts to repair the problem satisfy the requirements of yourstate's lemon law. Most state laws allow the manufacturer three or fourchances to repair the defect or defects.

  • Put your complaint inwriting. Send a letter to the manufacturer and ask for either a refundor replacement.

  • If you still don't getsatisfaction consider hiring an experienced and effective lemon lawattorney
Author Bio:
Norman Taylor has worked as aconsumer advocate specializing in California Lemon Law for more thantwenty years. Over this time his firm has handled over 8,000cases that resulted in refunds in excess of $100,000,000.00 paid toconsumers for defective vehicles. http://www.normantaylor.com.
Permission granted for use onDrLaura.com.

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