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Lemon laws are American state
laws that provide a remedy for purchasers of cars in order to
compensate for cars that repeatedly fail to meet standards of
quality and performance. These vehicles are called lemons.
The federal lemon law (the Magnuson-Moss
Warranty Act) protects citizens of all states. State lemon
laws vary by state and may not necessarily cover used or leased cars.
The rights afforded to consumers by lemon laws may exceed the warranties expressed
in purchase contracts. Lemon
law is the
common nickname for these laws, but each state has different
names for the laws and acts.
Federal lemon laws cover anything mechanical. The federal
lemon law also provides that the warranter may be obligated to
pay the prevailing party's attorney in
a successful lemon law suit, as do most state lemon laws
Basis
At the core of most lemon laws is the manufacturer's breach of
warranty. A manufacturer's warranty is what makes the
manufacturer legally responsible for repairs to the consumer's
vehicle or good. It is a form of guarantee. An express
warranty is
typically a written warranty. An implied
warranty unlike
an express warranty, is not written. The law imposes these
obligations on the manufacturer, the seller or both as a
matter of public policy. These vary from state to state. [1]
Lemon laws may cover situations even when the vehicle is not
under warranty, especially if the seller failed to disclose
critical information such as previous damage to the buyer.
Knowingly purchasing a car in "as is" condition does not void
the buyer's rights under applicable lemon laws.[citation
needed] Lemon
laws are not limited to cars. There are RV,
boat, motorcycle, and wheelchair lemon laws.
The Canadian Motor Vehicle Arbitration Plan Canada
- Canadian Motor Vehicle Arbitration Plan is
the dispute resolution program for consumers in Canada that
have problems with the assembly of their vehicle or with how
the manufacturer implements its new vehicle warranty. CAMVAP
covers new or used owned or leased vehicles that are from the
current model year and up to an additional four model years
old.
CAMVAP is an arbitration program. It is free to consumers.
Hearings are held in the consumer's home community. The
process normally takes less than 70 days from start to finish.
Most consumers are able to handle their own case without the
assistance of lawyers. The manufacturers do not use lawyers.
Their representatives usually are serving or retired district
parts and services representatives. An inspection of the
vehicle normally is part of an arbitration hearing and the
arbitrator can order a technical inspection of the vehicle at
the program's expense if doing so is required.
CAMVAP arbitrators can order the manufacturer to buyback the
vehicle; repair it at the manufacturer's expense; pay for
repairs already completed; pay out of pocket expenses for
items such as towing, diagnostic testing, rental cars and
accommodation related to the problem with the vehicle. The
arbitrator can also order that the manufacturer has no
liability.
CAMVAP is available in every Canadian Province and Territory.
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