We have experienced many years of lobbying by many consumer associations in different countries. The driving force has been the firm belief that economies need fair trading legislation to ensure an equitable marketplace. Therefore, the lemon law plays an important role in protecting both traders and consumers by ensuring a level playing field. The law is increasingly becoming necessary as more cases of unethical business practices and errant traders continue to be reported BP22 law. Many consumers have gotten to a point where they need to hire the services of lemon law attorneys after falling victim to unscrupulous dealings.
Purpose of the lemon law
The lemon law helps to protect consumers against goods that are defective; goods that feature unsatisfactory quality or goods that fail to conform to the contract or goods that fail to perform according to the standards. Such goods are known as “lemons”. With the law in place, consumers have received empowerment to undertake civil litigation for themselves. It is therefore, the responsibility of the trader to prove they did not engage in unfair practice.
Consumers can benefit a great deal from the lemon law. The law obligates businesses to repair, replace, reduce price or refund the purchase price of the defective goods. Consumers have the opportunity to keep goods that are deemed defective and seek for a price reduction. Alternatively, they can choose to return the good in order to receive a refund. The consumer may consider litigation under the lemon law if the business fails to replace or repair the good within reasonable time. They can also refer to the law in case the consumer is inconvenienced or when the business is unable to perform the repairs or when the customer is required to incur very high costs for the repairs.
The burden of proof
The lemon law provides for clarity on the burden of proof as well as right period. If a defect is discovered 6 months within delivery, the defect is deemed to have existed at the point of delivery or time of sale, unless the trader proves otherwise. Nevertheless, beyond 6 months, a consumer can seek for remedies; however, they will be required to prove the defect existed at the point of delivery.
The law is recommended highly because it covers all types of consumer goods, apart from rental/leased goods and real property. Furthermore, perishable goods and consumables are covered, but the law applies by taking into consideration the shelf life of the product, which is often less than 6 months. The law also applies for new and secondhand items, including vehicles. However, the terms apply differently considering new goods are expected to be in better shape than secondhand goods. In determining the reasonableness of claim, the courts take into consideration the price paid and age of the good.
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