How Lemon Law Lawyers In California Can Help Consumers Attain Justice

By Imelda Reid


When consumers buy products that do not stand up to the promises of the dealer and the manufacturer, they often have little recourse. Complaints to the supplier are often ignored and most consumers simply do not have the time, money or inclination to sue. However, most states have laws that have foreseen this type of problem and have acted to protect consumers against substandard goods. Lemon law lawyers in California have helped many consumers to obtain justice.

In 1975 the United States federal government passed the Magnuson Moss Law that is relevant to the citizens of all states and that aims to protect consumers against faulty products. Some states have even passed additional laws of their own. In most cases these state laws address only the purchase of automobiles but in many other cases all mechanical products are covered. Aggrieved consumers must make sure that their specific complaints are addressed in the appropriate laws.

The court accepts two different types of warranty. An express warranty is normally given in writing, but it does not cover a whole lot. Implied warranties are not in writing, but it assumes that the manufacturer applied at least some quality control measures during the manufacturing process. It also implies that the product should perform as it was designed to do and that it will function the way the manufacturer promises that it will do.

The federal law covers all mechanical products. The state laws that mostly cover vehicles include leased and rented automobiles. In terms of the federal law and many of the state laws manufacturers and, in some cases, suppliers can be forced to pay the legal cost of the complainant. The laws make provision for refunding the consumer or for replacing the product with a properly working model.

Consumers are expected to engage with manufacturers before they appeal to the legal system. Written complaints with as much detail as possible must be made and copies of all correspondence must be kept. Complainants are also expected to have copies of the sales agreement and in most cases the original packaging must also be produced. Without these records the chances of succeeding in court are slim.

When the claimant cannot reach an acceptable agreement with the manufacturer the mater may be brought to court. Laymen should never try to represent themselves in court. It is best to appoint an attorney to handle the matter. The attorney may even have better success in dealing with the manufacturer and in many cases the matter is settled without appearing in from of a judge.

Choosing an attorney should always be done with great care. It is vital to look for somebody that has experience in consumer law. It is vital to make sure that the matter of the legal fees are agreed from the word go. Some attorneys are willing to take on such cases on a contingency basis. This means that the client does not pay unless the case is resolved favourably.

Nobody wants to find out that a treasured new possession is faulty or that it does not perform as promised by the manufacturer. Luckily, there are laws in place to protect consumers. This is only right because traditionally, consumers were often at the mercy of ruthless businesses.




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