When Do Lemon Law Should Apply?
We've all heard of lemon laws for motor vehicles like new cars, trucks and SUVs. What many people don't know is that these consumer protection laws often apply to everything from puppies and computers to dishwashers and motorized scooters. Similar to the lemon car law, you can receive a refund or replacement item if you have purchased a defective product that fails within the first year or two of your purchase. Lemon laws vary by state, so you may want to speak with an attorney if you think you have been sold a "lemon."
In states like Arkansas, California, Florida, Massachusetts, Minnesota, New Jersey, New York and Pennsylvania, there are lemon laws for buying puppies. For instance, in Arkansas, if you have purchased a puppy from a retail pet store or breeder, you have ten days to report that your dog has an infectious disease, congenital defect or hereditary defect. To file your claim, you must have registration papers and you may receive reimbursement of veterinary expenses up to the purchase price of the dog if your case is successful. Not all state laws are the same, however. In Pennsylvania, home to numerous puppy mills, pet owners can receive up to 50% of the cost of their dog back if the seller cannot reproduce the registration papers; owners may also get 100% of their money back or a replacement animal if their case wins. For more information on other state animal lemon laws, visit www.consumeraffairs.com.
Additionally, there are lemon laws for computers in some states. According to Ed Foster from www.infoworld.com, the lemon law for computers is a bit more convoluted, since there can be software defects and hardware defects — and both vendors are quick to point the blame. Often times a person is bounced back and forth between the two customer service centers to find little reprieve. However, many manufacturers have enacted their own responsible warranty laws. Typically, if the same part has broken down four times or more during the warranty period, you're entitled to a replacement item.
There are even lemon laws for costly disability products like motorized scooters and wheelchairs. California, Wisconsin and Florida all have laws for assistive devices, with specific language including these items. Some states only cover new purchases that come with a written warranty and are less than a year old. To determine whether a device is a "lemon" or not, you should answer the following questions. Does the defect substantially impair my use of this device? Is the defect naturally occurring (and not the result of abuse)? Is the device still within its normal life expectancy? Has my device required service for 30 days or more? If you answered "yes," then the state lemon law may be able to help you! Ideally, you would have kept detailed documents of repairs and receipts.
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