Where to Find Aid if You Purchased a Lemon
Nobody that buys a shiny new automobile, boat or electronic gadget makes that purchase expecting the product to fail. We all like to think of ourselves as smart consumers, and the fact is, today’s consumer has more information at their fingertips than ever before. We can research specifications and read reviews for hours on end to get a general sense of a product’s quality and reliability before making a purchase. However, all manufacturers are run by human beings, and even factories that churn out products that routinely get five-star reviews produce the occasional lemon. If you happen to purchase one of these misfit tools or toys, do not despair. If the defect is covered under the product’s warranty, you should be able to get it repaired or replaced. If the manufacturer doesn’t honor their warranty, or if their attempts to do so are ineffective, you also have rights under state and federal law.
An ounce of prevention is worth a pound of cure.
Be aware that not every product failure is the result of a defect in the product. Some failures are caused by abuse, misuse, or neglect by the owner. In those cases, the warranty isn’t going to help because it only covers defective products, not defective use by the owner. Therefore, it is very important that you read the warranty and owner’s guide before you start using the product. Pay close attention to any warnings, break-in procedures, and the maintenance schedule. If the product has a maintenance schedule, be sure to keep all of the invoices from your service visits as proof that you volowed the maintenance schedule. Keep these documents in a safe place because you may need them if something goes wrong.
In addition to reading and following the maintenance schedule, you should also proceed with extreme caution when modifying or customizing any product. For example, adding a custom sound system to a vehicle will not necessarily “void” the warranty. The manufacturer would still be responsible for repairing or replacing any defective components in the vehicle. However, if the installation of that sound system causes an electrical problem in the vehicle, the warranty may not cover the repairs needed to correct the problems caused by the sound system
Repairs Under Warranty
If your product malfunctions, follow the instructions in the written warranty to get service. Warranties for large items like boats or automobiles will typically instruct you to take the vehicle to an authorized dealership for repair. Be sure to get a written repair order from the dealership documenting the repair attempt, even for what may seem like minor adjustments. Documentation may be needed if the issue turns out to be something more serious. For other consumer goods, follow the directions in the written warranty. If you cannot find your copy of the warranty, you should contact the manufacturer through their website or customer service line.
State Lemon Law
If your issue cannot be resolved after a reasonable number of attempts, you may be able to get relief through your state’s Lemon Law. In most states, the Lemon Law only covers new passenger vehicles for non-commercial use. However, some states do offer lemon law protections for recreational vehicles or used vehicles. The criteria for Lemon Law relief varies by state. However, in general, if an issue with a vehicle that affects its use, value, or safety cannot be repaired in a reasonable number of attempts, the owner is required to contact the manufacturer directly to schedule a “final” attempt to repair the problem. If the problem is not fixed, the owner may proceed to arbitration, where the manufacturer may be required to repurchase or replace the vehicle if it is proven that the defects have not been remedied. In some states, attorneys’ fees may be awarded.
Federal “Lemon Law”
If you made an unsuccessful state Lemon Law claim, or have an issue with a product that does not fall under a state Lemon Law, you may still be able to get relief under the Federal Magnuson-Moss Warranty Act. It applies not only to manufacturers but also to anyone else who issues a “warranty” or “extended service plan.” Under the Federal law, a consumer may file a lawsuit against a warrantor who fails to honor its warranty for breach of contract. If the consumer prevails, the consumer is entitled to damages plus attorneys’ fees. Being able to recover attorneys’ fees makes it worthwhile for consumers to bring claims for products not covered under state Lemon Laws (like appliances or electronics), or vehicles with problems that may not necessarily meet state Lemon Law criteria.