posted by admin on Nov 5
If you purchased a defective boat that is covered by a warranty, you are protected by the same laws that cover cars, bikes, RVs, computers and many other items in California – the California Boat Lemon Law.
It is important to retain the bill of sale from a seller when buying a boat. This holds true even if the boat is secondhand. If the boat is used, you should also obtain an evaluation statement by a qualified expert. A good mechanic should check out the engine, the hull’s integrity and other aspects important to a boat.
The statement the mechanic gives you after this ‘diagnosis’ should outline the condition of the boat at the time of purchase. The owner owner should give you a written assurance that the boat is seaworthy and will not develop serious problems within a certain period of time. This period can be mutually agreed upon.
You cannot exercise ‘lemon’ rights for a boat if you bought it without having its defects highlighted. This will release the seller from any responsibility by what is legally called ‘caveat emptor’ – you have bought the boat with all present and future defects.
If the boat is new, it should come with a warranty that includes a money-back option. If it is a replacement/repair-only warranty, you may have no recourse but to settle for another lemon.
posted by admin on Nov 5
In California, vehicles are not the only product you can claim a refund or replacement for if it turns out to be a lemon. Next to automobiles, computers are probably the most commonly used machine, and the law knows it.
If you find that your computer crashes regularly, needs a large amount of maintenance and has not performed as promised at the time of purchase, the California Computer Lemon Law works for you. Basically, a consumer is protected from any expense incurred while having a warranty-covered product replaced or repaired to complete satisfaction. This includes lawyer’s fees if a lawyer is retained. All expenses are borne by the manufacturer who stands in default of the warranty.
To avoid having to exercise your rights under this law, do not buy a computer or computer-related equipment from obscure outlets. Authorized dealerships are well aware of their responsibility and are less likely to sell you a lemon. You need to do a little background research on the dealership before your actual purchase. Even if it’s reputable, do not settle for an exchange-only warranty in the case of computer peripherals and consumables. Keep the option of returning for a complete refund.
Further, do not rely on verbal quality assurances. If they’re valid, the warranty’s fine print will reflect them, so pay more attention to details. If you do decide to buy, pay by credit card to protect yourself. That way, you can stop payment for a defective computer and can involve the credit card provider in any legal conflict over the purchase. Also, some credit cards will extend your warranty above and beyond the norm.
If a lawsuit is called for, the way to initiate the process is to contact the dealership’s customer care or quality control department and plead your case. If you have a case, the first offer may be arbitration. This is fine as long as a lawyer is consulted over jurisdiction matters. Make sure you have a complete purchase and payment record to fall back on.
posted by admin on Nov 5
There are a number of attorneys who specialize in California’s Lemon Laws. They are in a lucrative field of practice, since the laws in this state allow for a number of buyer versus seller litigations.
Basically, California’s Lemon Law – also known as consumer warranty law – specifies that the manufacturer carry a high degree of responsibility for sold products. The law is oriented more towards the manufacture and sale of motor vehicles. It applies equally to cars, RVs, trucks and motorboats. Vehicle parts are also included under the law. If they malfunction while under warranty, the manufacturer is held liable for repairs. If a reasonable number of repair attempts do not solve the problem, Californian Lemon Law specifies that the defective product(s) must be replaced.
The disputable aspects of California’s Lemon Law are the areas of a ‘reasonable’ number of attempts, and whether or not a breach of warranty exists. This is why attorneys are required. Interpreting California Lemon Laws in the correct context and in favor of a consumer calls for legal knowledge and courtroom skills.
For example, the California Lemon Law as it pertains to motor vehicles has various provisions. A motor vehicle must have been sold or leased under full warranty of the manufacturer. The warranty may cover it against malfunctions within 18 months of purchase or before having been driven 18,000 miles. However, exercising California Lemon Law requires the customer to legally establish that a reasonable number of attempts have been made to repair it and may have to prove that the continued malfunction presents a definite hazard. These and various other legal intricacies can turn out to be loopholes for manufacturers if an attorney is not involved.
To find a suitable attorney in a California Lemon Law case, check for a good track record in the field. The attorney should be willing to guide you as to your exact legal standing in the case. He should outline the parameters of the law and should not charge an initial consultation.
