Questions tagged [lemon-law]

For questions relating to laws typically regulating manufacturers, consumers, and enforcing agencies rights and duties relating to defective vehicles most prominently those relating to replacement and restitution. Please add a location tag as different jurisdictions at national and state level have their own particular variation of lemon laws.

Many jurisdictions have implemented "lemon laws", or laws regulating what are the minimum requirements of a new, and in some cases used, consumer goods that such goods must meet for them to be legally circulated in the stream of commerce, or when a consumer will be entitled to make formal or less formal demands supported by such laws to be provided a replacement, reimbursement or restitution otherwise for their consumer goods. This tag should indicate submissions that relate to this topic.

Typical questions would be, for e.g.:

"How many days total are available for a manufacturer or its repair facility to make a vehicle conform to its express warranties during the term of its warranty?"

or

"Does the manufacturer on its own initiative offer one ignorant of its lemon rights to elect between a replacement, reimbursement or partial restitution?"

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Can I viably sue for damages caused by bugs in freeware?

Freeware is software released free of charge. Often times freeware is written by a hobbyist or academic who is looking to create a tool for their field, but is either not interested in profit or thinks that profit is not viable. I know that in some…
Daniel Goldman
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Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?

Bob buys a car that meets the "lemon-law" presumption of California's lemon laws; to collect civil penalties for non-willful violations, he needs to serve a notice on the manufacturer. But the manufacturer is already represented by an attorney who…
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What effect does this ruling have on the burden of proof, if any?

“[T]he Act does not require consumers to take any affirmative steps to secure relief for the failure of a manufacturer to service or repair a vehicle to conform to applicable warranties—other than, of course, permitting the manufacturer a reasonable…
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Is a written promise relating to the “workmanship” of software and hardware components create an express warranty under Magnusson-Moss or U.C.C.?

A U.S. auto manufacturer promises in writing that its vehicles will, for the life of their vehicles, receive free hydrogen at its charging stations. Bob buys such a vehicle. Turns out the vehicle communicates with the hydrogen wells, and commands…
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Somebody's mother was scammed by a car dealer. What laws might apply?

Imagine that earlier today, a person was buying a car. They are in their 70s, but relatively competent. They landed on what they thought was a pre-owned 2020 Mazda CX-5 Signature, valued at about $31,000 according to edmunds.com. They paid…
Evorlor
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Lemon Law: May civil penalties be assessed for the damages more than once and each up to 2 times thereafter?

Hypo... Bob buys a vehicle for $20,000 with a balance on the new vehicle warranty from the manufacturer; however, soon finds out that the engine, the AC and the radio do not conform to the written promises having created an express warranty and/or…
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Are (new) parts purchased from or replaced by the original manufacturer subject to protections under lemon laws as a new product?

Say, you purchase a passenger vehicle with some of the original warranty given by the manufacturer remaining. Knowing the typical issues with the vehicle, you decide to buy some spare parts — each new, from the manufacturer as OEM. Are they, each on…
HJay
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What is the definition of "retail" or "at retail" for the purposes of the Song-Beverly Consumer Warranty Act?

Bob, a private individual, visits a store in California — where Corp, the manufacturer, maintains a showroom — and proceeds to purchase a consumer goods. Bob, after explaining his needs relevant to the purchase, is brought the product to the store…
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Can a manufacturer be imposed civil penalties under Song-Beverly after a vehicle replacement was accepted?

Bob purchased a vehicle for $75,001 which eventually meets the lemon law presumption of the Song-Beverly Consumer Warranty Act, and Bob serves a statutory notice upon the manufacturer about its duties to replace. It is indisputable that manufacturer…
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Could Bob get gagged by a court on its own initiative? Is there any support for that in law?

This is a question based on the same fact pattern as set forth in this question: Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues? With the exception of…
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Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues?

Bob is your average consumer having bought a vehicle that turns out to have been an undisclosed “lemon law buyback” without any branding. Big Co., from the get go, had no intention to be bound by the warranty it undertook in connection with the car,…
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Perfect tender rule vs (disclaimed) implied warranty?

Context: This is a question I have while studying for the BAR exam. In Question 2 of this practice exam (page 26), we have a contract for a good valued at $15,000 with an express warranty on its condition and a disclaimer against implied warranties…
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Can Bob, as a non-resident for the purposes of U.S. law, relay information of his consumer experiences to his embassy or consulate of a sending State?

Say, Bob, purchases a consumer product in the State of California where he is a resident for the purposes of California law although not a resident of the U.S., a State for the purposes of the 1961 and ‘63 Conventions (on Diplomatic and Consular…
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California Lemon Law: 7 years clarification

California legal code 1793.03 Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section 9801 of the Business and Professions Code, with a wholesale…
user45623
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Consequences for business failing to fulfil CA Code 1793.03

As part of the Song-Beverly Consumer Warranty act, California Code 1793.03 establishes minimum periods for which manufacturers of goods sold in California must make parts and literature available to repair facilities (emphasis mine): (a) Every…
user45623
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