samedi 27 juin 2009

Lemon Law - Its Origin

00:05 Posted by: Marokko Suche 0 comments

By Neal Spoton

Lemon laws are U.S. state level laws that provide remedies for automobile purchasers where their cars repeatedly fail to meet certain standards of quality and/or performance. These cars, unsurprisingly, are called "lemons." The federal lemon law (which is called the "Magnuson-Moss Warranty Act") protects citizens of all states. Lemon law rights vary, however, across the states, some of which do not necessarily cover used or leased cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but here too, each state has different names for the laws and acts.

The Magnuson-Moss Warranty Act (P.L. 93-637) is a United States federal law (15 U.S.C. 2301 et seq.), enacted in 1975; it is the federal law that governs warranties on consumer products. The Act was sponsored by Senator Warren G. Magnuson of Washington and Congressman John E. Moss of California, both Democrats. Legislative history of the Act indicates that its purpose is to make warranties on consumer products (automobiles, in the case at hand) more readily understood and enforceable and to provide the Federal Trade Commission with the apparatus to protect U.S. consumers.

The Act provides that any warrantor warranting a consumer product (auto/ car) to a consumer by means of a written warranty must disclose, fully and conspicuously, in simple and readily understood language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission. The Federal Trade Commission has enacted laws/regulations governing the disclosure of written consumer product warranty terms and conditions on consumer products actually costing the consumer more than $15.

The Act is meant to provide car buyers with access to reasonable and effective remedies where there is a breach of warranty on a consumer product, like a car or auto. The Act provides for informal dispute-settlement procedures and for actions brought by the government and by private parties.

In the State of California, lemon laws cover anything mechanical, as do the federal lemon laws. In addition, lemon law also provides that the warranter may be obligated to pay the prevailing party's lemon law attorney fees in a successful lemon law suit, as do most state lemon laws. Lemon Laws vary from state to state -- therefore, accurate info on the scope and restrictions of Lemon Laws in a particular state should be obtained from a "Lemon Law Attorney" practicing in your state.

About the Author:

Aucun commentaire:

Enregistrer un commentaire

 


2009 Hotel and Go. All rights reserved.
Powered by Beta Templates and Blogger.
Template and Icons by DryIcons.com