Application of the Lemon Law

The lemon law is an important law that helps to protect consumers from defective goods. Therefore, if you discover defects in a good you purchased within the last 6 months you can seek for remedies. Under the law, consumers can demand sellers to replace or repair the defective product.

If for some reason the seller fails to replace or repair the product within reasonable time or offers significant inconvenience to the consumer, a consumer can seek to return the good for a refund or a price reduction. The application of the law involves:

· Perishable good

You can seek for remedy if you have purchased perishable and consumable goods that are defective. However, you need to prove the burden existed at the point of sale, within the normal shelf life of the product, if the shell life is less than 6 months.

· Secondhand goods

The law applies to secondhand goods as much as new goods. However, the terms of the law apply differently for new and secondhand products. The court often takes into ACCOUNT the price and the age of the product to determine the reasonableness of claim.

This is particularly important for secondhand vehicles. If you buy a 7 year old vehicle from a dealer you cannot expect it to offer the same benefits provided by a new car.

Nevertheless, you can reasonably expect the car to have certain qualities, taking into consideration the model and the mileage. If it falls below your expectations, you can seek for remedies.

· Discounted products

Sales items that have limitations or slight defects are catered by the law. To avert liability, the retailer should be transparent enough to point out defects to the buyer- before the transaction.

However, retailers cannot avoid their obligations by displaying a notice that indicates the business does not give refunds for sold items. To avoid being held liable, the retailer can use an appropriate labeling that lists the limitations and defects on the packaging, invoice or sale contract.

· Fixed assets

The lemon law caters for all fixed assets, except rental/leased goods and real property. The law applies as long as the asset does not conform to the contract.

Therefore, if the asset does not have satisfactory qualities, fails to meet reasonable performance or does not matchup to the purpose it was purchased for- taking into ACCOUNT the description of the asset and price, as well as other relevant circumstances- you can seek for remedy under the law.

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