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
Sometimes an automobile purchaser is not successful in obtaining a refund or replacement for a defective vehicle bought under warranty from manufacturer. The manufacturer may make some unsuccessful attempts to repair the vehicle and do little else. Because California Lemon Law expressly states that the purchaser is entitled to a refund or replacement under such circumstances, a case can be filed against the manufacturer.
The legal process of enforcing the California Lemon Law obviously requires an attorney who is experienced in this legal field. Once the purchaser decides to file a case against the manufacturer, the attorney will have to be filled in on the various details pertaining to the vehicle. For instance, the following details will be called for:
• The make and model of the vehicle
• The year of manufacture
• Current mileage (and mileage at the time of sale in case of used vehicles)
• Name, address and contact details of the dealer
• The date the purchase or lease was made, along with a copy of the document
• The details of the warranty
• A detailed list of the problems encountered by the purchaser
• The number of attempts made to repair the vehicle
• The number of days for which the vehicle was under repair
A good Lemon Law attorney will obtain either a replacement or a refund for the disputed vehicle and have the manufacturer cover the costs incurred by the consumer during the use and repair of the vehicle, as well as legal fees. The attorney should not charge for an initial consultation and evaluation of your case.
Attorneys specializing in California Lemon Law cases are in great demand, and many of them offer toll-free telephone numbers for evaluations. You can usually fax or email the basic details to them for this purpose.
