The
Uniform Commercial Code "UCC"
In
addition to lemon laws (which deal specifically with contracts of
sale for new cars and trucks), states have also enacted the Uniform
Commercial Code ("UCC"), which deals with contracts of sale for
all products.
How
does the UCC work?
The
UCC is very complex. To learn about it in detail, we strongly advise
you to consult an experienced consumer lawyer.
The
UCC has some major themes, one of which is the "reasonable expectation
of the consumer". But consumers have obligations as well as expectations.
The "reasonable expectation"
of the consumer
Consumers have a right to have their "reasonable expectations" fulfilled.
For example, a new car buyer can expect the manufacturer to repair
problems that are expressly mentioned in a warranty within the warranty
period.
What
federal laws protect consumers from lemons?
Federal laws are enacted by the United States Congress. The federal
law that deals with car sales is called the Magnuson-Moss Warranty
Act.
The
Magnuson-Moss Warranty Act
This
body of Federal law protects the consumer of any product worth more
than over $25.00 that comes with an express written warranty. The
Magnuson-Moss law provides for disclosure of warranties before the
purchase of the vehicle. For example, under a written warranty,
if any part of the vehicle is defective, the warrantor must permit
the buyer the choice of either a refund or replacement of the vehicle.
For
further information about what specific rights and protections this
law provides, consult an experienced consumer attorney.
Should
I see a lawyer?
Yes.
Consumer law in this area is highly technical. Not only is there
federal law covering this area, but also state law - which varies
from state to state.
You
might do something that you think is fair under the circumstances
but might in reality seriously prejudice your rights. Play it safe
and see a consumer attorney near you.
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